河南省刑事案件司法精神病学鉴定案例的随访研究

Following up Investigation of Forensic Psychiatry Judicial Expert Mental Testimony

目的研究司法精神病学鉴定后各方对结论及处理的看法及社会影响等随访因素。方法作者通过通信函调、电话随访和登门拜访等三种方法,用自编调查表对208例鉴定案例分别向委托机关、被鉴定人本人或家属、受害人本人或家属进行随访。结果被鉴定人受教育年限平均为4.84年,以30岁左右已婚男性农民居多。暴力犯罪(129例占83.77%)远较非暴力犯罪(25例占16.23%)为多,前者又尤以杀人(44例占28.57%)为最常见。本资料再鉴定率为2.93%。被鉴定人及其家属对34例无责任能力的处理意见认为恰当的占76.47%,对判为无罪释放的28例,认为处理恰当的占71.43%,认为不恰当的占10.7%。对就医者几乎全都满意,对判刑或关押的认为恰当与不恰当者各占43.18%。受害人目前现状为死亡7例,残废10例,恢复健康10例。被鉴定人及其家属的意见与司法机关认为案件引起的社会影响似乎无关。被司法机关无罪释放的41例(26.62%)被鉴定人中,再杀人2例(4.87%),放火2例(4.87%),盗窃2例(4.87%),回归社会后有破坏行为但尚未构成犯罪者3例(7.31%)。结论建议政府有关部门尽快建立违法犯罪精神病人的监管和医疗机构。

Objective To study different viewpoints to the conclusion and treatment,And the following up factors concerning social effect after the judgment of forensic psychiatry. Methods By letters,calls,visits and by investigation forms made by myself, 208 testirnonied cases were followed up separately from judicial organ or other organizations and institutes ,individuals testimonied or their family members,victims and their family members. Results Most testimonied individuals were married man of 30 years old or so whose arerage education were 4.84 years and testimonied by the public security organs. In criminal eases, violental criminals （129 cases, 83.77%）were much more than non-violental criminals（25eases, 16.23%） and homicide criminals（44cases,28.57%） were most common in the former but civil cases were few. The rate of retstinvony was 2.93%.The testimonied individuals and their family members thought the condemn were appropriate （76.47%） for the people without criminal capacity and thought the condemn were appropriate （41.94%） or not appropriate（41,94%）for the people with criminal capacity. The opinions of the condemn for partial criminal capacity were between the former two cases. And they thought the condemn for 28 cases of non-guilty were appropriate （71.43%） and not appropriate（10.7%）,7 victims were dead. 10 victims were crippled. 10 victims restored to health. In 41 persons testimonied and set free with a verdict of ＂not guihy＂,4 homicided again （4.87%）,2 set on fire （4.87%）,2 stealed （4.87%） and 3 had wrecked behavior （7.31%）. Conclusion So it is suggested that the department concerned should keep criminals with mental disorder under control and treatment.