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目的:了解涉案精神病人经司法鉴定后的处理和医疗情况。方法:通过对2011年1月-2012年7月经我院法医精神病鉴定所鉴定完结后涉及责任能力评定的487例案进行反馈调查,用自制表格调查案件的处理情况,用SPSS11.0软件对存档数据进行统计。结果:(1)462例刑事或社会治安案件中涉及责任能力评定的精神病人,71.00%接受了非刑罚处理,29.00%接受了刑罚处理,非刑罚处理的比例较高,共234例的处理与评定意见不一致或有差异。(2)非刑罚处理案例中43.6%案后实施医疗,56.4%例未经任何医疗直接流入社会,强制医疗的比例低,政府参与、执行的少。结论:(1)鉴定意见只是一种专家意见,法官对案件的判定需考虑诸多因素,案件的最后处理与鉴定结论不对应是很常见也是很正常的,但不同地区存在较大差异。(2)政府执法机关应提高对精神病犯罪的认识,健全强制医疗制度,加强强制医疗的具体实施。
Objective: To understand the psychiatric patients involved in the judicial identification of the treatment and medical conditions. Methods: Through the feedback survey on 487 cases involving the assessment of responsibility after the conclusion of the forensic psychiatric appraisal in our hospital from January 2011 to July 2012, we investigated the handling of the cases with self-made forms, and used the SPSS11.0 software to archive Data statistics. Results: (1) Of the 462 criminal cases or social security cases, 71.00% of the mental patients who accepted the non-punishment and 29.00% of the patients were sentenced to punishment, the proportion of non-punishment was higher. A total of 234 cases were handled Assessment of inconsistent or different opinions. (2) 43.6% of non-penalty cases were treated after medical treatment, 56.4% cases were not directly infiltrated into the society without any medical treatment, and the proportion of compulsory medical treatment was low, and the government did not participate in the implementation of the medical treatment. Conclusion: (1) Appraisal opinion is only an opinion of experts. Judges judge many factors in judging cases. It is very common and normal that the final treatment of cases does not correspond with the conclusion of appraisal. However, there are big differences in different regions. (2) The government law enforcement agencies should raise their awareness of the crime of mental illness, improve the compulsory medical system, and strengthen the concrete implementation of compulsory medical treatment.