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Discussion on the Assessment Standard of Criminal Responsibility in Mental Disorder Offenders
CAI Wei-xiong;ZHANG Qin-ting;WANG Jian-jun(Institute of Forensic Science;Ministry of Justice;Shanghai 000;China)
2007(06):
26-27+4.
Criminal responsibility relates directly to the determination of the nature and the consequent verdicts in criminal cases,and the assessment of criminal responsibility is considered to have aspects of both medical criteria and jurisprudent criteria.At present,there are no definite regulations and unified understanding of jurisprudent criteria,and it is hard to guarantee the consistency and scientificity of assessment conclusions,so it is urgent to establish assessment standards for criminal responsibility.For a long time,due to lack of objective assessment tools,most cases were judged by forensic psychiatrist’s experience.Although it is realized that jurisprudent criteria,that is,appreciate and control ability,should be considered,in practice,the mental status of the offender at the time when he committed the crime are the main focus.In our opinion,one’s appreciate and control ability at the time when he committed the crime determines his responsibility.To assess one’s criminal responsibility,his mental status should be considered first.Once he is found to be normal,he has complete criminal responsibility.If he has any mental disorders,then impairment of his appreciate and control ability should be considered,and the criminal responsibility should be assessed according to his impairment.In order to avoid subjective judgment,standardized assessing tools should be designed.
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