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.