LAWS REGULATIONS
The responsibility capacity of individuals with mental illness.
In practice, patients with mental illness typically fall into two categories. The first is the completely and truly mentally ill patient. Currently, these patients are entirely unable to recognize or control their own behavior, and this inability to recognize and control cannot be restored; it will persist and remain permanent. The second category is patients with intermittent episodes of mental illness, commonly referred to as intermittent mentally ill patients. These patients do not completely lack the ability to recognize and control their own behavior; rather, their ability to recognize and control their behavior is determined by their physical condition or the state of their mental illness. In other words, intermittent mentally ill patients are capable of recognizing and controlling their behavior when they are not experiencing an episode.
In practice, patients with mental illness usually fall into two categories: first, those who are completely and truly mentally ill. Currently, these patients are entirely unable to recognize or control their own behavior, and this inability to recognize and control cannot be restored; it will persist and remain permanent. Second, there are intermittently ill patients, commonly referred to as intermittent mental patients. These patients do not completely lack the ability to recognize and control their behavior; rather, their ability to recognize and control is determined by their physical condition or the state of their mental illness. In other words, intermittent mental patients have normal mental and conscious states when not experiencing an episode, and their ability to recognize and control behavior is in a normal state, similar to other normal individuals; during an episode, their mental and conscious states are abnormal, and they lack the ability to recognize and control their behavior. Therefore, these two situations of mental patients should be treated differently.
In light of this situation of mental patients, China's Public Security Administration Punishment Law categorizes the legal responsibility of mental patients for public security violations into two situations:
First, mentally ill patients who cannot recognize or control their behavior have no legal responsibility for public security violations. Article 13 of the Public Security Administration Punishment Law clearly states: "When a mentally ill person violates public security management while unable to recognize or control their behavior, they shall not be punished, but their guardian shall be ordered to supervise and treat them strictly." When dealing with mentally ill individuals who lack responsibility, two points should be noted: first, it is necessary to legally assess whether the individual violating public security management is a person without legal responsibility; second, individuals without responsibility for public security violations shall not be punished, but their guardians shall be ordered to supervise and treat them strictly. Guardians should properly supervise the mentally ill; if there is a possibility of recovery, they should provide treatment. If a mentally ill person causes damage to public or private property due to violations of public security management, the guardian shall bear civil liability according to the law.
Second, intermittently mentally ill patients have legal responsibility for public security violations when they are in a normal mental state. The characteristic of intermittent mental patients is that they experience episodes of illness and periods of normalcy. Therefore, when intermittently mentally ill patients violate public security management during their normal mental state, they should bear legal responsibility for their violations.
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