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据中国医师协会精神医师分会公布的数据显示,我国现有重症精神病人约1600万人。时至今日,精神病人伤人已成为不容忽视的社会现象。精神病人的刑事责任问题,成为世界各国的法律难题。我国对精神病人采取“自愿就医”原则。许多家庭对精神病人疏于管理、治疗,任其游荡在社会,致使精神病人伤人事件从偶发演变成频发。2014年1月1日,我国新修改的《刑事诉讼法》对依法不负刑事责任的精神病人适用强制医疗的规定实施一年后,北京市朝阳区人民法院受理6起申请强制医疗案件,案情涉及故意伤害、故意杀人、绑架、抢劫、妨害公务等暴力行为。以下为其中两个案例。
According to the data released by the branch of the Chinese Physicians’ Association of Psychiatry, there are about 16 million critically ill patients in our country. Up to now, mental illness has become a social phenomenon that can not be ignored. The criminal responsibility of mental patients has become a legal challenge for all countries in the world. Our country adopts the principle of “voluntary medical treatment” for the mentally ill. Many families neglect to manage and treat mentally ill patients and allow them to wander into society. As a result, incidents of mentally ill people evolve from occasional to frequent occurrences. On January 1, 2014, one year after the newly amended Code of Criminal Procedure of China implemented the compulsory medical treatment for mental patients who did not bear criminal liability according to law, the Peoples Court of Chaoyang District, Beijing accepted 6 applications for compulsory medical treatment and the merits Involving the intentional injury, intentional killing, abduction, robbery, obstruction of official duties and other violent acts. Here are two of these cases.