Criminal responsibility

刑事责任
  • 文章类型: Journal Article
    BACKGROUND: The extent to which rates of homicide by people with or without schizophrenia vary over time has theoretical and practical implications in understanding homicide by people with mental illness.
    OBJECTIVE: The aim was to report on the rates of homicide by people diagnosed with schizophrenia over time in a region in which there were dramatic changes in the overall rates of homicide.
    METHODS: An examination of homicide by people diagnosed with schizophrenia in the course of judicial psychiatric examination, and the rate of other homicide in the Chuvash Republic of the Russian Federation between 1981 and 2020 was undertaken.
    RESULTS: During the 40 years of the study a total of 5741 people faced legal proceedings for a homicide offence, of whom 179 (3.1%) were diagnosed with schizophrenia. During the study period the average annual total homicide rate rose from about 9 per 100 000 in the 1980s, peaked at 17 per 100 000 in the 1990s before falling to 13 per 100 000 in the 2000s and 6 per 100 000 in the 2010s. Rates of homicide by people with schizophrenia also rose and fell over this period and were significantly associated with the rates of other homicide (r = 0.503, d.f. = 38, P = 0.001).
    CONCLUSIONS: The rise and fall in rates of homicide by people diagnosed with schizophrenia in parallel to total homicide suggests that homicidal behaviour might not be intrinsic to the clinical manifestations of the illness, and might instead reflect a heightened vulnerability to social factors that are associated with homicide by people without schizophrenia.
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  • 文章类型: Journal Article
    The criminal responsibility of offenders with mental disorders is a key issue in forensic psychiatry. Japan\'s implementation of the Medical Treatment and Supervision Act and Lay Judge Act in the early 2000s raised public awareness of this issue. To determine how criminal court judges in Japan assess the criminal responsibility of offenders, we examined 453 district court verdicts that mention psychiatric evidence. We extracted elements from each verdict that may be associated with courts\' decision-making regarding criminal responsibility and analyzed the relationship between each element and the adjudication of criminal responsibility. We investigated the changes in each element\'s prevalence over time. A logistic regression analysis revealed that the following were independently associated with the court decisions that offenders\' criminal responsibility was intact: understandable motivation for committing the offense, homogeneity of the offense from the defendant\'s usual behavioral pattern, a coherent process used to commit the offense, alertness while offending, and absence of psychotic symptoms. We observed that recent verdicts are more focused on the offender\'s perception of illegality and the coherence of the offending process while disregarding the defendant\'s consciousness and memory while offending. Thus, the courts focus on some specific elements for evaluating the criminal responsibility of each offender.
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  • 文章类型: Journal Article
    精神病患者有权依法获得公正审判和适当待遇。精神病罪犯在刑事司法和精神卫生保健系统之间的转移与法医精神病学评估有关,并基于两种心理法律结构,适合受审(FTST)和刑事责任(CR)。因此,法医精神病评估是刑法中的重要组成部分,在法院判决判决中起着重要作用,拘留,placement,或治疗精神病罪犯。该立法旨在确保精神病患者的权利与精神护理和社会安全之间的平衡。对文献进行了叙述性概述,总结了有关规范FTST和CR评估的立法及其在世界不同地区的实践的发现。它提供了对各种方法的优缺点的见解,并研究了法院程序在这些不同的地理和社会心理法律背景下的运作方式。这可能会对个别系统产生政策影响,并使各国能够考虑可行的机制来完善相关立法,以改善其在法医精神病学评估中的做法。全球,相关立法被认为是保护精神病罪犯权利的关键;它已经建立了多年关于规定的程序和责任的精神卫生保健和刑事司法系统。尽管不同国家的心理法律结构的原则相似,立法的实施方式有所不同,通常取决于可用的资源。
    Mentally ill offenders have a right to a fair trial and adequate treatment in terms of the law. The diversion of mentally ill offenders between the criminal justice and the mental health care systems is linked to the forensic psychiatric assessment and based on two psycho-legal constructs, fitness to stand trial (FTST) and criminal responsibility (CR). Forensic psychiatric assessment is therefore an important element in criminal law and plays a major role in the court\'s decisions regarding the sentence, detention, placement, or treatment of mentally ill offenders. The legislation aims to ensure balancing the rights of mentally ill offenders to psychiatric care and society\'s safety. A narrative overview of the literature summarizing the findings on legislation regulating FTST and CR assessment and their practice in different areas of the world was conducted. It offers insight into the advantages and disadvantages of the various approaches and examines the way court proceedings function in these different geographical and psychosocial-legal contexts. This may have policy implications for individual systems and allow countries to consider feasible mechanisms to refine the relevant legislation to improve their practices in forensic psychiatric assessments. Worldwide, relevant legislation is considered as essential in protecting mentally ill offender\'s right; it has been established for many years regarding specifying the procedures and responsibilities for the mental health care and criminal justice systems. Despite similarities in the principles of the psycho-legal constructs in different countries, there are differences in the way legislations are implemented, often depending on the available resources.
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  • 文章类型: Journal Article
    预防性暴力是性健康的主要目标。在被指控的性犯罪者的案件中,对被告刑事责任减少的评估是德国法律制度专家采取的最重要程序之一。该评估遵循两阶段方法,首先评估亲合性障碍的严重程度,然后评估针对或针对能力减弱的第二个标准。本研究考察了在性交障碍和性犯罪的背景下评估刑事责任的两套不同标准的预测有效性。开发了两个涉嫌性犯罪者的示例性案例,以评估标准。对于每个参与者,随机呈现了两个示例性案例中的一个。两组不同标准的呈现也是随机的,因此,每个参与者只被分配了两个标准集中的一个,以评估其中一个案例。来自不同专业背景(心理健康和法律专业人员)的349名参与者完成了他们的评估,并被纳入数据分析。使用逻辑回归对数据进行评估。结果表明,最近公布的标准集(Briken和Müller,2014)预测疾病的严重程度以及减少的能力是Boetticher等人的旧标准集的两倍。(2005)目前经常用于法医法院报告。在初步结论中,Briken和Müller(2014)的新标准形成了对刑事责任的基于经验的评估。然而,拟议的标准不能取代对被告的广泛探索和仔细的档案分析。由于插图研究的方法选择,结果的有效性和可靠性也受到限制。
    The prevention of sexual violence is a major goal of sexual health. In cases of accused sexual offenders, the assessment of diminished criminal responsibility of the accused is one of the most important procedures undertaken by experts in the German legal system. This assessment follows a two-stage method assessing first the severity of a paraphilic disorder and then second criteria for or against diminished capacity. The present study examines the predictive validity of two different sets of criteria for the assessment of criminal responsibility in the context of paraphilic disorders combined with sexual offending. Two exemplary case vignettes of two suspected sexual offenders were developed to assess the criteria. For each participant, one of the two exemplary case vignettes was randomly presented. The presentation of the two different sets of criteria was also randomized, so that each participant was assigned only one of the two criteria sets to rate one of the presented cases. N = 349 participants from different professional backgrounds (mental health and legal professionals) completed their assessments and were included in the data analysis. The data were evaluated using logistic regression. Results show that the more recently published criteria set (Briken and Müller, 2014) predicts both the severity of the disorder as well as the diminished capacity twice as good as the older criteria set of Boetticher et al. (2005) currently used regularly for forensic court reports. In preliminary conclusion, the new criteria of Briken and Müller (2014) form an empirically based assessment of criminal responsibility. However, the proposed criteria cannot replace an extensive exploration of the accused person and a careful file analysis. Validity and reliability of the results are also limited due to the methodical choice of a vignette study.
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  • 文章类型: Journal Article
    计算机断层扫描和本德尔格式塔测试是根据1977年《刑事诉讼法》第51条第77条和第78条提及的评估被指控罪犯的常规测试。在自由状态精神病综合体进行了一项探索性回顾性研究。这项研究的目的是确定Bender格式塔测试结果和计算机断层扫描与评估自由状态精神病学复合体(FSPC)观察单位的个人受审能力和刑事责任能力的结果相关的程度。这是一项横断面研究,2013年收治的全部患者都被纳入研究。从患者档案中获得临床和人口统计学数据。大多数参与者是黑人,男性,单身和失业。最常见的诊断是精神分裂症。目前的研究表明,Bender格式塔测试Hain的分数与刑事责任和受审能力的结果之间没有统计学上的显着关联。同样,该研究还显示,脑部病变的存在与刑事责任和受审能力的结果之间没有统计学上的显著关联.还得出结论,由于CT扫描昂贵,只有在有明确的临床指征时,才应转介患者接受该服务。
    computed tomography and the Bender Gestalt Test are some of the tests used routinely for the assessment of alleged offenders referred under Sections 77 and 78 of the Criminal Procedure Act 51 of 1977. An exploratory retrospective study was conducted at the Free State Psychiatric Complex. The aim of this study was to identify the extent to which the Bender Gestalt Test results and the computed tomography scans are associated with outcomes in the assessment of competency to stand trial and criminal responsibility in individuals referred to the Free State Psychiatric Complex (FSPC) observation unit. This was a cross-sectional study and the entire population of patients admitted in 2013 was included in the study. The clinical and demographic data were obtained from patient files. The majority of participants were black, males, single and unemployed. The most common diagnosis was schizophrenia. The current study showed no statistically significant association between the Bender Gestalt Test Hain\'s scores and the outcome of criminal responsibility and competency to stand trial. Similarly, the study also showed no statistically significant association between the presence of a brain lesion and the outcome of criminal responsibility and competency to stand trial. It was also concluded that as CT scans are expensive, patients should be referred for that service only when there is a clear clinical indication to do so.
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  • 文章类型: Journal Article
    这项研究的目的是检查和比较成年罪犯实施的自杀类型之间的异同。回顾性筛选了2009年至2011年土耳其法医学理事会第四届专业委员会的法医精神病学评估报告。一百三十五名成年杀人犯(125名男性,检测到10名女性),其中51.9%的人犯有杀母鸡罪,其中40%的杀人犯和8.1%的肇事者犯有双重杀人罪。大多数肇事者使用锋利的工具作为杀人方法。58.5%的肇事者没有发现精神障碍,而在30.4%的病例中发现了精神障碍。这项研究支持在患有精神病的罪犯中,锐器作为杀人方法的优势和杀人的优势。尽管精神病是杀人犯中最常见的精神障碍,他们中的大多数没有患有精神疾病。
    The aim of this study was to examine and compare similarities and differences among types of parricide committed by adult offenders. The forensic psychiatric evaluation reports of the 4th Specialization Board of the Council of Forensic Medicine from 2009 to 2011 in Turkey were screened retrospectively. One hundred thirty-five adult perpetrators of parricide (125 male, 10 female) were detected, 51.9% of whom committed patricide, 40% of whom matricide and 8.1% of the perpetrators committed double parricide. Most of the perpetrators used sharp instruments as the killing method. No mental disorders were detected in 58.5% of the perpetrators, while psychotic disorders were identified in 30.4% of the cases. This study supported the predominance of sharp instruments as the killing method and a preponderance of matricide among the offenders with psychotic disorders. Although psychotic disorders were the most commonly detected mental disorders in the parricide offenders, most of them did not suffer from mental disorders.
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