分离性身份识别障碍患者犯罪的刑事归责路径

Criminal Imputation for Crimes Committed by Patients with Dissociative Identity Disorder

司法实务中分离性身份识别障碍患者的犯罪刑案引起理论界的重视;对该类患者犯罪如何进行刑事归责,是中外法律界的争议焦点。本文认为,对该类患者刑事责任的认定,可予“三步法”分析:首先鉴定嫌疑人是否诈病;其次要识别其实行犯罪行为时的犯罪人格;最后,据主人格对犯罪人格控制力的有无和强弱,以细分和认定不同的刑事责任程度。

In judicial practice, crimes committed by DID patients has been attached greater importance;and the imputation has always been a point of controversy?in legal field both at home and abroad. This paper argues that the determination of criminal responsibility committed by DID patients shall adhere to a “three-step method”: the first step-to identify that if the criminal suspect is a malingerer;the second step-to identify the patient's personalitywhen committing a crime;the third step-to make different determinations of criminal responsibility according to the major personality's control ability towards criminal personality.