浅议精神病人的强制医疗程序

Compulsory Medical Procedure of Non-negative Criminal Responsibility Patients According to Law

精神病人的强制医疗程序关乎刑罚的正确实施和公民人身自由的保护,在制度设计上必须细致。2012年新《刑事诉讼法》修改之后,专门规定了依法不负刑事责任精神病人的强制医疗程序并进行了较为详细的规定。但是由于适用对象以及启动主体过窄和救济程序不完善的问题,其社会防卫功能受到限制。我国还需要进一步严格规定精神病人刑事责任的判断标准,适当扩大适用范围及启动主体,设立解除后的跟踪防范程序,进一步完善强制医疗程序。

The compulsory medical procedure of the mental patients is related to the correct implementation of the penalty and the protection of the personal freedom of citizens. After the new ＂ Criminal Procedure Law＂ was revised in 2012, the compulsory medical procedure of the patients who had not been held criminally responsible according to law has been set up, and the detailed provisions have been carried out. However, due to the application of the object and the start of the subject is too narrow and the relief process is not perfect, the social defense function is limited. Our country also need to further strict provisions of the criminal responsibility of mental patients to determine the standard, appropriate to expand the scope of application and start the subject, set up after the lifting of the tracking and prevention procedures, and further improve the compulsory medical procedures.