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上海市精神卫生中心从1982年至1993年共受理精神发育迟滞司法鉴定案309例,占总数21%,其中盗窃案例为36例。作者分析此36例后,发现其作案特点为:单独作案,无预谋,事后认罪,而且智能并不十分低下。至于在判定有无责任能力时,应主要依据病情严重程度,有无作案动机、作案成功与否以及有无自我保护能力。至于作案次数,似不宜作为有无责任能力的依据条件。
Shanghai Mental Health Center from 1989 to 1993 accepted a total of 309 cases of mental retardation judicial identification, accounting for 21% of the total, of which 36 cases of theft. After analyzing the 36 cases, the author found that the characteristics of the crime were: committing the crime alone, premeditatedly, and pleading guilty afterwards, and intelligence was not very low. As for the ability to determine whether the responsibility should be based mainly on the severity of the situation, with or without motives for committing crimes, the success or not and whether or not self-protection. As for the number of committing crimes, it seems inappropriate as a basis for the ability to assume the conditions.