Wang Xiaoping, Zhang Dengke, Jiang Shaoai, Bai Yining, Cucolo Heather Ellis, Perlin Michael L
Mental Health Institute, 2nd Xiangya Hospital of Central South University, Changsha, Hunan, 410011, China.
Aust N Z J Psychiatry. 2007 Apr;41(4):337-42. doi: 10.1080/00048670701213252.
The purpose of the present paper was to examine the disposition of individuals in Hunan, China who are found not criminally responsible due to a mental disorder or defect.
Self-developed questionnaires were mailed to the family members of 240 patients who had received forensic psychiatric evaluations at the forensic psychiatric assessment center of Central South University, between 2001 and 2002.
One hundred and seventy questionnaires were fully completed and returned by the patients' family members. According to the answers, 64.1% (109 patients) were found not criminally responsible due to a mental disorder or defect. In 87.6% of the cases, a judgement of guilty was in agreement with the psychiatrist's recommendation concerning criminal responsibility. A total of 61.8% of the patients found not guilty were discharged to their families and did not receive any further psychiatric treatment.
In most cases, judicial decisions are consistent with a psychiatrist's opinion of criminal responsibility due to a mental disorder or defect. After such adjudication, further psychiatric treatment is often neglected due to the lack of resources and information. Hunan, China must make a continued investment into the availability and quality of outpatient mental health treatment for forensic patients after they have been discharged.
本文旨在研究中国湖南地区因精神障碍或缺陷而被判定无刑事责任能力者的处置情况。
自行设计问卷,邮寄给2001年至2002年间在中南大学法医精神病鉴定中心接受法医精神病鉴定的240名患者的家属。
患者家属共返回170份完整填写的问卷。根据回答,64.1%(109名患者)因精神障碍或缺陷被判定无刑事责任能力。在87.6%的案例中,有罪判决与精神科医生关于刑事责任的建议一致。总计61.8%被判定无罪的患者被送回家属处,未接受任何进一步的精神科治疗。
在大多数情况下,司法判决与精神科医生关于因精神障碍或缺陷导致的刑事责任的意见一致。在此类裁决后,由于缺乏资源和信息,进一步的精神科治疗常常被忽视。中国湖南必须持续投入,以提高法医患者出院后门诊心理健康治疗的可及性和质量。