精神病人刑事责任能力之认定

The Criminal Capacity Identification of the Patients with Mental Disorder

一般来说,行为人达到刑事责任年龄即被推定为精神正常,具备相应的刑事责任能力,但可能基于精神疾病,行为人的刑事责任能力有所减弱乃至丧失。那么,如何认定精神状态对已达刑事责任年龄者刑事责任能力的影响及其程度呢?怎样的精神疾病属于影响行为人刑事责任能力的精神状态呢?就精神病人刑事责任能力的认定标准及具体运用进行了探讨。

Generally speaking,the actor of having reached criminal responsibility age,and namely be presumed as normal mental,have the corresponding criminal responsibility ability,but may be due to mental illness,the doer mental activity occurs when the obstacles to its ability to recognize or control decreased ability and even lost.How to recognize the mental state has reached the age of criminal responsibility of the effect and the ability How does mental disease belong to those of influencing ability of criminal responsibility of behavior person The determination standards of the mental patient criminal responsibility ability and the specific application were discussed.