Melamed Y, Elizur A, Kimchi R
Abarbanel Mental Health Center, Bat Yam.
Harefuah. 1994 Apr 15;126(8):475-81, 491.
Legal responsibility for the mentally ill has long been a dilemma. Public opinion with regard to the current law, which holds that the mentally ill are not responsible for their actions, is divided. We assessed 30 cases of psychiatric patients committed by court order following a criminal act. No relation was found between the nature of the transgression and the nature or seriousness of the psychiatric disorder. Interestingly, those who committed the more serious crimes, such as murder, usually had committed fewer criminal acts in the past. The functioning of the psychiatric committees in charge of releasing patients committed by court order has improved substantially under the new law for the treatment of the mentally ill. They now assess patients with considerably greater frequency. The reports to the courts of examining physicians tend to be general, with little attempt to differentiate ability to stand trial and responsibility for actions. On the other hand, treating physicians relate mainly to the patient's illness, rather than to the crime for which he was committed.
长期以来，对精神病患者的法律责任一直是个难题。公众对现行法律（该法律认为精神病患者对自己的行为不负责任）的看法存在分歧。我们评估了30例因犯罪行为而被法院下令收治的精神病患者案例。未发现犯罪行为的性质与精神疾病的性质或严重程度之间存在关联。有趣的是，那些犯下更严重罪行（如谋杀）的人，过去通常犯罪次数较少。根据新的精神病治疗法，负责释放被法院下令收治患者的精神病委员会的运作有了显著改善。他们现在评估患者的频率大大提高。检查医师向法院提交的报告往往比较笼统，几乎没有尝试区分受审能力和行为责任。另一方面，治疗医师主要关注患者的病情，而非其被收治所涉的罪行。
