■为了避免公共卫生风险,所有政府确保监测和治疗精神病患者,如果他们冒犯并评估他们的刑事责任水平。《中华人民共和国刑事诉讼法》(2013)规定了特别程序。然而,很少有英文文章解释强制性处理程序在中国的实施。
■从2013年到2021年,我们从中国在线判决文件中收集了5262份合格文件。我们分析了社会人口特征,试验相关信息以及强制性治疗相关内容,对我国无刑事责任的精神病患者进行强制治疗,从2013年到2021年。使用简单的描述性统计和卡方检验来比较几种类型文档之间的差异。
■文件数量出现了总体变化趋势:新法实施后,从2013年到2019年逐年增加,但在2020年和2021年新冠肺炎大流行期间大幅下降。从2013年到2021年,共有3,854人申请强制治疗,其中3747人(97.2%)接受强制治疗,107(2.8%)的申请被拒绝。“精神分裂症和其他精神障碍”是两组中最常见的诊断,所有接受强制治疗的罪犯(3,747,100.0%)被认为没有刑事责任。共有1,294名病人申请解除强制治疗,其中827人(63.9%)其后获批准纾困,467(36.1%)被拒绝。共有118名病人申请救济两次或两次以上,56人(47.5%)最终松了一口气。
■我们的研究向国际社会介绍了自新法实施以来一直在运作的刑事强制处理制度的中国模式。立法变化和covid-19大流行可能会影响强制治疗病例的数量。患者,其近亲属和强制治疗机构有权申请强制治疗救济,但中国的最终裁决是由法院做出的。
UNASSIGNED: To avoid public health risks, all governments ensure monitoring and treatment of mentally ill persons if they offend and assess their level of criminal responsibility. The Criminal Procedure Law of the People\'s Republic of China (2013) instituted special procedures. However, there are few articles in English which explain the implementation of mandatory treatment procedures in China.
UNASSIGNED: We collected 5,262 qualified documents from 2013 to 2021 from the China Judgments Documents Online. We analyzed social demographic characteristics, trial-related information as well as the mandatory treatment-related content, to investigate the mandatory treatment of China\'s mentally ill offenders without criminal responsibility, from 2013 to 2021. Simple descriptive statistics and chi-square tests were used to compare differences among several types of documents.
UNASSIGNED: There was an overall change trend of the number of documents: increasing year by year from 2013 to 2019 after the implementation of the new law, but with sharp decrease in 2020 and 2021 during covid-19 pandemic. From 2013 to 2021, a total of 3,854 people had applications made for mandatory treatment, of whom 3,747 (97.2%) were given mandatory treatment, 107 (2.8%) had applications rejected. \"Schizophrenia and other psychotic disorders\" was the most common diagnosis in both groups and all offenders receiving mandatory treatment (3,747, 100.0%) were considered to have no criminal responsibility. A total of 1,294 patients had applications made for relief of mandatory treatment, of whom 827 (63.9%) were subsequently approved for relief, 467 (36.1%) were rejected. A total of 118 patients had applications for relief two or more times, and 56 (47.5%) were finally relieved.
UNASSIGNED: Our study presents the Chinese model of a criminal mandatory treatment system to the international community which has been in operation since the implementation of the new law. Legislatory changes and covid-19 pandemic can have effect on the number of mandatory treatment cases. Patients, their close relatives and mandatory treatment institutions have the right to apply for relief from mandatory treatment, but the final decision in China is taken by the court.