Criminal responsibility

刑事责任
  • 文章类型: Case Reports
    额颞叶痴呆(FTD)影响大脑的额叶和颞叶,导致人格改变,语言障碍,和行为障碍,包括冲动和抑制。由于FTD的不断发展,在法医评估中评估责任和累犯风险具有挑战性。尽管文献有限,我们介绍了一个45岁的男性,没有法律或病史,由于与额颞叶痴呆(bvFTD)的行为变异相关的行为变化而实施犯罪行为。初步评估发现他不负责任,具有不可评估的累犯风险。随后的评估显示,基于临床演变,累犯风险较低。我们将考虑现有文献和瑞士法学来讨论这些发现。
    Frontotemporal dementia (FTD) affects the frontal and temporal lobes of the brain, leading to personality changes, language impairments, and behavioral disturbances, including impulsivity and disinhibition. Assessing responsibility and recidivism risk in forensic evaluations is challenging due to the evolving nature of FTD. Despite limited literature, we present a case of a 45-year-old man with no prior legal or medical history, who committed criminal acts due to behavioral changes linked to the behavioral variant of frontotemporal dementia (bvFTD). Initial assessment found him irresponsible, with a non-evaluable risk of recidivism. Subsequent evaluation showed a low recidivism risk based on clinical evolution. We discuss these findings considering existing literature and Swiss jurisprudence.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

       PDF(Pubmed)

  • 文章类型: Case Reports
    背景:刑事责任评估是法医精神病学中最具争议和争议的问题之一。尽管建议了明确的程序,法医精神病学家对决策过程的研究很少。我们提出了一个案例,评估了一名凶手的刑事责任,该凶手因氯仿中毒和吸毒后的性侵犯而窒息致死。
    方法:A.S.,一位30岁的女性,被发现死在S.P.家,一个50岁的男性.S.P.叙述了通过强制吸入氯仿杀死A.S.的说法,当女性在无意摄入唑吡坦后出现感觉模糊时,催眠剂.采取了多学科方法来解决此案。尸检,组织学,遗传,毒理学检查由法医病理学家进行,而数字法医检验员分析了电子设备。三名法医精神病学家和两名心理学家被要求评估犯罪时S.P.的精神状态。
    结论:A.S.的死因被确定为唑吡坦引起的意识改变中致命的氯仿中毒,同时也描述了杀人窒息。移动取证证明S.P.对犯罪现场进行了录像,清楚地表明A.S.在死前曾被S.P.性侵犯。通过各种心理测试和对被告的七次面谈,评估了S.P.的刑事责任,每次平均持续180分钟。专家得出结论,S.P.不能免除对凶杀案的责任。
    BACKGROUND: Criminal responsibility evaluation represents one of the most controversial and debated issues in forensic psychiatry. Although clear procedures have been recommended, little research exists on decision-making process by forensic psychiatrists. We present a case assessing the criminal responsibility of a murderer who committed femicide as a result of chloroform poisoning and suffocation after a drug-facilitated sexual assault.
    METHODS: A.S., a 30-year-old female, was found dead in the home of S.P., a 50-year-old male. S.P. recounted killing A.S. by forced inhalation of chloroform, when the woman had experienced sensory clouding following unintentional ingestion of Zolpidem, a hypnotic agent. A multidisciplinary approach was taken to resolve the case. Autopsy, histological, genetic, and toxicological examinations were performed by a forensic pathologist, while a digital forensic examiner analysed electronic devices. A pool of three forensic psychiatrists and two psychologists was asked to assess the mental state of S.P. at the time of the crime.
    CONCLUSIONS: The cause of death of A.S. was identified as a lethal chloroform intoxication in altered consciousness caused by Zolpidem, while homicidal suffocation was also described. Mobile forensics demonstrated that S.P. had videotaped the crime scene, clearly revealing that A.S. had been sexually assaulted by S.P. before dying. Criminal responsibility of S.P. was evaluated through various psychological tests and seven interviews with the accused, each lasting an average of 180 min. Specialists concluded that S.P. could not be exempted from being responsible for the homicide.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

    求助全文

  • 文章类型: Case Reports
    Doppelgänger现象是指与自我直接相遇的经验,特征是:(i)对具有自己相同身体特征的人物的感知;或(ii)对感知到的人物具有相同的个性和身份的理解。Doppelgänger不仅看起来像同一个人,这是他/她的两倍。感知元素通常是幻觉,尽管有时可能涉及对实际数字的错误感知。这种现象已经在遭受压倒性恐惧的个体中描述过,严重的焦虑或中毒,癫痫,以及在睡眠-觉醒的过渡中。在主要精神病中也有报道。对即将死亡的恐惧通常先于Doppelgänger的经历。这份报告介绍了一名30岁男子的案例,Y先生,被X先生刺死,他的“双”。侵略者和他的受害者,虽然不相关,是真正的两倍;值得注意的是,他们有相同的名字和姓氏,年龄,专业活动和工作地点。此外,他们参加了同一个体育中心,但彼此几乎不认识。X先生的法医精神病学评估,在犯罪之后,都暗示了精神病.这种情况在科学文献中是独一无二的。在最严重的精神病形式中,“双重”的问题不仅质疑该疾病的病因中涉及的分离过程,还有生物心理社会因素,以及这种情况下的个人数据,这使得受害者和侵略者“完全相同”。在精神病理学功能的背景下,在谵妄发展之前的妄想情绪(Wahnstimung)是一种即将到来的精神病的门户,涉及妄想意识或情绪(气氛)。在精神病中,分裂是主要问题,这种影响被视为邪恶,外国,即使在物理意义上,世界末日和未知的一面也不再被认为属于自我。在这种情况下,人们认为,生存的唯一途径是压制自己的双重防御,以防止自我的混乱。
    The Doppelgänger phenomenon refers to the experience of a direct encounter with one\'s self, characteriswed by: (i) the perception of a figure with one\'s own identical physical features; or (ii) the apprehension that the perceived figure shares the same personality and identity. The Doppelgänger does not only look like the same person, it is his/her double. The perceptual element is usually a hallucination, although occasionally a false perception of an actual figure may be involved. This phenomenon has been described in individuals suffering from overwhelming fear, severe anxiety or intoxication, epilepsy, as well as in the sleep-wakefulness transition. It has also been reported in major psychoses. The fear of imminent death often precedes the Doppelgänger experience. This report presents the case of a 30-year-old man, Mr. Y, who was stabbed to death by Mr. X, his \"double\". The aggressor and his victim, although not related, were truly doubles; remarkably, they shared the same name and surname, age, professional activity and place of work. Moreover, they attended the same sports center but barely knew each other. The forensic psychiatric evaluations in Mr. X, subsequent to the crime committed, were suggestive of a psychotic condition. This case is unique in the scientific literature. In the most serious psychotic forms, the issue of the \"double\" calls into question not only the dissociative processes involved in the etiopathogenesis of the disorder, but also bio-psycho-social elements, as well as personal data in this case, which made the victim and the aggressor \"identical\". In the context of psychopathological functioning, the delusional mood (Wahnstimmung) that precedes the development of delirium is a sort of gateway to an impending psychotic illness, involving delusional awareness or mood (atmosphere). In psychosis, splitting is the main issue and this influence is seen as an evil, foreign, apocalyptic and unknown side no longer recognised as belonging to the self even in a physical sense. In such a situation, it is felt that the only way to survive is by suppressing one\'s double as a defense against disorganisation of the self.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

       PDF(Pubmed)

  • 文章类型: Journal Article
    背景:在中国,警察部门通常在精神障碍患者犯罪后启动刑事责任评估。然而,法律没有明确规定要求评估的具体条件。关于精神障碍患者的流行病学特征和刑事责任评估的研究很少。本研究旨在分析单中心队列中精神障碍患者刑事责任评估的特征并确定影响因素。
    方法:在法医学中心接受刑事责任评估的案件,上海华东政法大学(CFS,2010年至2020年之间的ECUPL)进行了回顾性审查。刑事责任被归类为刑事不负责任,减轻刑事责任,并承担全部刑事责任。然后对各组之间的差异进行统计学分析。
    结果:在研究期间,437名患者,包括361名男性(82.61%)被转介进行刑事责任评估。他们的年龄从15岁到91岁不等。经过评估,不负责任的案件数量,减轻刑事责任,负全部刑事责任196人(44.85%),181(41.42%),和60(13.73%),分别。卡方检验和名义回归分析表明,刑事责任评估的影响因素包括公共场所犯罪(OR=14.734;95%CI:1.463-148.424)。受害人居住地的犯罪(OR=10.852;95%CI:1.068-110.214),犯罪嫌疑人的住所(OR=9.542;95%CI:1.046-87.092),F1X的法医精神病学诊断(OR=0.014,0.011;95CI:0.001-0.261,0-0.5),F2X(OR=5.75;95CI:1.315-23.145),F4X(OR=0.077;95CI:0.016-0.38,)和F6X(OR=0.112,0.075;95%CI:0.022-0.558,0.006-0.959),财产犯罪对象(OR=9.989;95%CI:1.305-76.455),盗窃案件(OR=0.09,0.087;95%CI:0.013-0.648,0.012-0.654),和危害公共安全的案件(OR=0.152,0.205;95%CI:0.034-0.678,0.045-0.931)。
    结论:公共场所犯罪,嫌疑人的住所和受害者的住所,F1X的法医精神病学诊断,F2X,F4X和F6X,财产的犯罪对象,盗窃和危害公共安全的案件类型是刑事责任评估的影响因素。因此,在这种情况下,应特别注意精神障碍患者,以避免对刑事责任评估的偏见。
    In China, police departments usually initiate assessment of criminal responsibility after patients with mental disorders commit crimes. However, the specific conditions demanding assessment are not clearly stipulated by law. Few studies have been conducted on the epidemiological characteristics and assessment of criminal responsibility in patients with mental disorders. This study aimed to analyze the features and identify influencing factors for assessment of criminal responsibility for patients with mental disorders in a single-center cohort.
    Cases undergoing criminal responsibility assessment at the Center of Forensic Science, East China University of Political Science and Law in Shanghai (CFS, ECUPL) between 2010 and 2020 were retrospectively reviewed. Criminal responsibility was categorized as criminal irresponsibility, diminished criminal responsibility, and full criminal responsibility. Differences among the groups were then statistically analyzed.
    In the study period, 437 patients including 361 males (82.61%) were referred for criminal responsibility assessment. Their ages ranged from 15 years to 91 years. After assessment, the number of cases with criminal irresponsibility, diminished criminal responsibility, and full criminal responsibility were 196 (44.85%), 181 (41.42%), and 60 (13.73%), respectively. The Chi-square test and nominal regression analysis showed that influencing factors for assessment of criminal responsibility comprised crime in public places (OR = 14.734; 95% CI: 1.463-148.424), crime in victim\'s residence (OR = 10.852; 95% CI: 1.068-110.214), crime in suspect\'s residence (OR = 9.542; 95% CI: 1.046-87.092), forensic psychiatric diagnosis of F1X (OR = 0.014,0.011; 95%CI:0.001-0.261,0-0.5), F2X (OR = 5.75; 95%CI:1.315-23.145), F4X (OR = 0.077; 95%CI:0.016-0.38,) and F6X (OR = 0.112,0.075; 95% CI: 0.022-0.558,0.006-0.959), criminal object of property (OR = 9.989; 95% CI: 1.305-76.455), cases of theft (OR = 0.09, 0.087; 95% CI: 0.013-0.648,0.012-0.654), and cases of endangering public security (OR = 0.152, 0.205; 95% CI: 0.034-0.678, 0.045-0.931).
    Crime in public places, suspect\'s residence and victim\'s residence, forensic psychiatric diagnosis of F1X, F2X, F4X and F6X, criminal object of property, case types of theft and endangering public security were influencing factors in assessment of criminal responsibility. Therefore, special attention should be paid to patients with mental disorders under such circumstances in order to avoid bias on assessment of criminal responsibility.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

    求助全文

  • 文章类型: Case Reports
    COVID-19大流行的中介化造成了很大的压力,有时会导致心理健康问题。我们介绍了一个三十岁的妇女,没有精神病史,但有一些弱点,也没有犯罪记录,在对冠状病毒的恐惧背景下,她在一次短暂的妄想事件中试图杀死她7岁的儿子。她通过药物治疗和心理治疗成功。法医精神病医生对她进行了检查,得出的结论是她的责任大大减少了,她的再犯风险很低。我们在文献中补充说,COVID-19大流行对精神脆弱的人来说是一种压力源,它可能导致严重的精神病代偿失调,甚至是犯罪行为。
    The mediatization of the COVID-19 pandemic has created a lot of stress leading sometimes to mental health issues. We present a case of a thirty-year-old woman with no history of psychotic disease but some vulnerabilities and no criminal record, who attempted to kill her seven-year-old son during a brief delusional episode in the context of fear of the coronavirus. She was successfully treated by pharmacotherapy and psychotherapy. She was examined by forensic psychiatrists leading to the conclusion that her responsibility was highly diminished, and her reoffending risk was low. We add to the literature that the COVID-19 pandemic has been such a stressor for mentally vulnerable people that it could lead to severe psychiatric decompensation and even criminal acts.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

       PDF(Sci-hub)

       PDF(Pubmed)

  • 文章类型: Case Reports
    亲子乱伦是一种创伤性事件,会给受害者造成长期的心理后果。虽然父性乱伦是最常见的形式,众所周知,母亲也会对孩子进行性虐待。母女乱伦是一种被认为是罕见的虐待。本文讨论了一个母亲的案例,该母亲虐待了她4岁的双胞胎女儿之一进行手淫,并将其用于与伴侣的性幻想。法院将她送往法医精神病观察部门,以确定她的刑事责任。在关于母女乱伦的文献中,施虐者的童年创伤,早婚,低自尊,和无价值的感觉是经常看到的。我们的案子,没有精神病史的人,仅仅因为她虐待了她的女儿,就被指控患有精神疾病。研究人员发现,在大多数情况下,与共同的期望相反,母亲没有严重的精神疾病。对乱伦案件采取基于性别的方法可能会导致虐待的循环继续,这使得受害者很难说话和寻求帮助。更多针对肇事者的研究将扩大我们对母女乱伦的看法。
    Parent-child incest is a traumatic event that causes long-term psychological consequences for victims. Although paternal incest is the most common form, it is known that mothers can also sexually abuse their children. Mother-daughter incest is a type of abuse that is thought to be rare. This article discusses a case of a mother who abused one of her 4-year-old twin daughters for masturbation and used them in a sexual fantasy with her partner. She was sent to the forensic psychiatric observation unit by the court to determine her criminal responsibility. In the literature on mother-daughter incest, the abuser\'s childhood traumas, early marriage, low self-esteem, and sense of worthlessness are frequently seen. Our case, who did not have a history of psychiatric illness, was referred to us with suspicion of mental illness simply because she abused her daughters. Researchers have found out that in most cases, contrary to common expectations, mothers did not have a severe mental illness. A gender-based approach to incest cases may contribute to the cycle of the abuse continue, and it makes it difficult for victims to speak up and seek help. More studies focused on perpetrators will expand our perception of mother-daughter incest.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

       PDF(Sci-hub)

  • 文章类型: Case Reports
    Organic brain disturbances particularly related to frontal cortex structures and subcortical areas including the basal ganglia may play a role in behavioral disinhibition disorders. Kluver-Bucy syndrome (KBS), which is one of the better knowns of these syndromes, includes hyperorality, visual agnosia, and hypersexuality, has been reported to occur after temporal lobe and amygdala lesions; however, several patients who had focal lesions in areas other than the temporal cortex and amygdala have been reported to present partial KBS symptoms. Nucleus lentiformis refers to a large portion of the basal ganglia including the putamen and globus pallidus, and specific structures within this broad area are known to be important for reward and value-based decision making. To date, KBS symptoms including hypersexual behavior associated with nucleus lentiformis lesions have never been reported. Here, we present a 38-year-old male patient who developed increased sexual interest and hyperorality after infarctions in the right lenticular nucleus and right occipitotemporal region and committed a first-degree sexual assault. He was sent to our institution for the assessment of criminal responsibility to the index sexual crime. According to a comprehensive and thorough forensic psychiatric evaluation, he was diagnosed as having an organic personality disorder with partial KBS symptoms. To the best of our knowledge, this is the first reported case of deviant sexual behavior and hyperorality developing after nucleus lentiformis infarction. We aimed to discuss possible neurobiologic explanations of late-onset deviant sexual behavior, which resulted in sexual criminal behavior following a cerebrovascular infarction.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

       PDF(Sci-hub)

  • 文章类型: Case Reports
    We reported a case of sexual assault in a 60-year-old male with no history of mental illness. The lack of memory about the time of the assault and the patient\'s uncharacteristic behaviour suggested sexual deviant behaviour secondary to a brain lesion. Further investigations revealed a lentiform stroke. A possibility of abnormal sexual behaviour due to an epileptic seizure and/or a destructive brain lesion is suggested. We summarized the history of our patient in this paper and provided a review of the medico-legal aspects of hypersexuality and sexual deviant behaviors due to brain disorders.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

    求助全文

  • 文章类型: Case Reports
    Pseudologia fantastica, a psychological phenomenon that has been described in the literature for at least a century, is an understudied and poorly understood entity. Sometimes referred to as pathological lying, pseudologia fantastica involves disproportionate fabrication that may be present for many years or a lifetime. In a forensic context, it can significantly complicate the evaluation of capacity to stand trial and, in certain jurisdictions, criminal responsibility. We review the current literature regarding pseudologia fantastica and present a case to highlight the clinical and forensic challenges it may create. We specifically discuss the complications that pseudologia fantastica may have on the assessment of a defendant\'s rational ability to consult with an attorney, a required element of capacity to stand trial. In addition, we discuss the implications of pseudologia fantastica in the evaluation of criminal responsibility.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

       PDF(Sci-hub)

  • 文章类型: Journal Article
    尽管对暴力的神经和遗传基础的理解取得了进展,对精神障碍的生物学基础的调查很少包括在精神错乱的精神病学评估中。在这里,我们报告了一个案例,其中认知神经科学和行为遗传学方法被应用于对一名年轻女性进行的精神病学法医评估,J.F.,因暴力和冲动谋杀而受审.被告有滥用多种药物和酒精的病史,非法医临床评估得出的结论是诊断为边缘性人格障碍。我们分析了被告的大脑结构,以掩盖与病理性冲动相关的可能的大脑结构异常。基于体素的形态计量学表明左前额叶皮层灰质体积减少,在与反应抑制特别相关的区域。此外,对J.F.的DNA进行基因分型,以鉴定与各种形式的暴力和冲动行为相关的遗传多态性。已知与冲动有关的五个多态性,暴力,在J.F.的DNA中发现了其他严重的精神疾病。一起来看,这些数据为以高冲动性和攻击性倾向为特征的精神障碍的生物学相关性提供了证据.我们的主张是,神经科学和行为遗传学的使用不会改变确定刑事责任的基本原理,这必须基于精神障碍和犯罪之间的因果关系。相反,它们的使用对于提供被告精神紊乱的生物学基础的客观数据至关重要。
    Despite the advances in the understanding of neural and genetic foundations of violence, the investigation of the biological bases of a mental disorder is rarely included in psychiatric evaluation of mental insanity. Here we report on a case in which cognitive neuroscience and behavioral genetics methods were applied to a psychiatric forensic evaluation conducted on a young woman, J.F., tried for a violent and impulsive murder. The defendant had a history of multidrug and alcohol abuse and non-forensic clinical evaluation concluded for a diagnosis of borderline personality disorder. We analyzed the defendant\'s brain structure in order to underlie possible brain structural abnormalities associated with pathological impulsivity. Voxel-based morphometry indexed a reduced gray matter volume in the left prefrontal cortex, in a region specifically associated with response inhibition. Furthermore, J.F.\'s DNA was genotyped in order to identify genetic polymorphisms associated with various forms of violence and impulsive behavior. Five polymorphisms that are known to be associated with impulsivity, violence, and other severe psychiatric illnesses were identified in J.F.\'s DNA. Taken together, these data provided evidence for the biological correlates of a mental disorder characterized by high impulsivity and aggressive tendencies. Our claim is that the use of neuroscience and behavioral genetics do not change the rationale underlying the determination of criminal liability, which must be based on a causal link between the mental disorder and the crime. Rather, their use is crucial in providing objective data on the biological bases of a defendant\'s mental disorder.
    导出

    更多引用

    收藏

    翻译标题摘要

    我要上传

       PDF(Sci-hub)

       PDF(Pubmed)

公众号