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2001年12月7日晚,被告人哈逖姆·马斯洛依(Hatim Maslouhi)潜入其前女友萨尔茨(Salz)家中,袭击并试图谋杀其男友被害人斯旺革卡尔帕(Swangkalpa),造成被害人身受重伤,直到萨尔茨冲天鸣枪后方才逃离。经相关专家鉴定,被告人在作案的整个过程中其认识能力与控制能力都与常人无异。经过对被告人行为的分析后,法院认为,被告人所实施的行为符合刑法典第212条意义上的未遂的故意杀人,具有违法性。但考虑到其之前患有精神幻觉症影响了被告人自身的行为,波恩法院对其进行了减轻刑罚的判决,判决其自由刑4年并送入精神病院进行治疗。在本判决中,波恩法院将被告人患有精神病是精神障碍者这一情况纳入考虑范围之内,成为减轻判决的根据。本文将以精神障碍者的刑事责任能力为切入点,简评波恩法院的本份判决。
On the night of December 7, 2001, the defendant, Hatim Maslouhi, sneaked into his ex-girlfriend Salz, attacking and attempting to murder Swangkalpa, her boyfriend victim, Causing the victim to be seriously injured until Salz went on fire before fleeing. Appraised by the relevant experts, the defendant in the entire process of committing crimes of its cognitive ability and control ability are the same as ordinary people. After the analysis of the defendant’s behavior, the court held that it was illegitimate that the defendant’s conduct was in accordance with the attempted intentional homicide in the meaning of article 212 of the Criminal Code. However, considering that the previous psychiatric disorder affected the defendant’s own behavior, the court in Bonn sentenced him to a mitigating sentence and sentenced him to 4 years’ freedom of punishment and was admitted to a psychiatric hospital for treatment. In this judgment, the court in Bonn took into account the fact that the accused was suffering from mental illness as a mental handicap, which served as a basis for alleviating the sentence. This article will be based on the criminal responsibility of persons with mental disorders as a starting point, a brief comment on the Bonn court’s decision.