精神病罪犯保外就医若干问题研究

Study on Some Problems of Mental Criminals on Bail for Medical Treatment

按照现行法律规定,符合一定条件的精神病罪犯可以办理保外就医,但实践中很少有精神病罪犯能够得到保外就医。监狱是刑罚执行机关,对有服刑能力的罪犯实施关押和改造。重性精神病罪犯没有服刑能力,就不应当关在监狱里。精神病罪犯保外就医制度应该废除,用强制医疗取代精神病罪犯的保外就医。

According to the current law, the mental criminals who meet certain conditions can apply for medical parole, but in practice, few of them can get medical parole. Prison is the executive organ of penalty, which imprisons and reforms the criminals who have the ability to serve sentence. Criminals with severe mental illness should not be locked up in prison if they have no ability to serve sentence. The system of mental criminals’ medical parole should be abolished, and compulsory medical treatment should be used to replace mental criminals’ medical parole.