Assessment on the Criminal Responsibility of Drug-induced Mental Disorders：A Questionnaire Survey
10.3969/j.issn.1004-5619.2014.06.007
- VernacularTitle:毒品所致精神障碍者刑事责任能力评定现状调查
- Author:
Shengyu ZHANG
;
Hai ZHAO
;
Weixiong CAI
;
Tao TANG
;
Wei GUAN
- Publication Type:Journal Article
- Keywords:
forensic psychiatry;
drug-induced m ental disorders;
crim inal responsibility
- From:Journal of Forensic Medicine
2014;(6):431-433
- CountryChina
- Language:Chinese
-
Abstract:
Objective T o understand the assessm ent on the criminal responsibility of drug-induced m ental disorders and judicial experts’ opinions. Methods T he judicial experts from institutes of forensic psychi-atry in Shanghai were selected. T hey were asked to finish a self-m ade questionnaire of assessm ent on the criminal responsibility of drug-induced m ental disorders by letters and visits. Results Most of experts knewthe special regulation,“not suitable for evaluation” towards the criminal responsibility of drug-in-duced m ental disorders of the guideline prom ulgated by Ministry of Justice. B efore and after the guide-line was issued, no expert m ade a no-responsibility opinion in such cases. After the guideline was issued, som e experts m ade a full-responsibility or lim ited-responsibility opinion in such cases. T here was a little disagreem ent am ong the experts in the case that the crime was unrelated with m ental sym ptom s or the criminals used drugs even though he knewit could induced insanity. B ut there were still m any obvious disagreem ents am ong experts in the case that crime was related to such sym ptom s and person was no ability to debate. Most experts agreed to settle the disagreem ents with im proved legislative perfection. Conclusion Most experts are not strictly com plying with the assessm ent guidelines during their practice, and there is still an obvious disagreem ent towards the criminal responsibility of drug-induced m ental disorders.
