Is it true that mentally ill individuals who kill are not punished? Behind the prejudice lies tragedy and helplessness
Compiled from: Jufa Cases, Shandong High Court
Case review
Around 10:00 on March 8, 2019, inside the family compound of the Qiaocheng District Civil Affairs Bureau in Bozhou City, Ge Mouchen chased and hacked at his seventh brother, Jia, with a kitchen knife. After Jia fell to the ground, Ge Mouchen slashed wildly at Jia's body and head. When Jia tried to protect himself with his hands, Ge Mouchen cut his fingers with the knife. Jia's wife, Yang, was slashed on the head by Ge Mouchen while trying to stop him. Later, when Ge Mouchen's third brother, Yi, called out to him, Ge Mouchen chased and hacked at Yi with the knife, injuring Yi's hand.
According to the Bozhou Public Security Judicial Appraisal Center, Yang's injuries were assessed as minor injury level two. The Hefei Psychiatric Hospital Judicial Appraisal Institute determined that Ge Mouchen suffered from alcohol-induced psychotic disorder and was assessed as having limited criminal responsibility.
It was further found that Yang, Jia, and Yi expressed forgiveness toward Ge Mouchen. On January 30, 2019, Ge Mouchen was sentenced to one year of fixed-term imprisonment, suspended for one year, for intentional injury. He was criminally detained on September 20, 2018, and released on bail pending trial on September 29 of the same year.
Relevant legal provisions
Article 18 of the Criminal Law of the People's Republic of China
If a mental patient causes harmful results when unable to recognize or control their own conduct, and this is confirmed through legal procedures, they shall not bear criminal responsibility, but their family members or guardians shall be ordered to strictly supervise and provide medical treatment; when necessary, the government may enforce compulsory medical treatment.
An intermittent mental patient who commits a crime while in a normal mental state shall bear criminal responsibility.
A mentally ill person who has not completely lost the ability to recognize or control their own conduct shall bear criminal responsibility for their crime, but may be given a lighter or mitigated punishment.
A person who commits a crime while intoxicated shall bear criminal responsibility.
Criminal Procedure Law of the People's Republic of China Article 284
A mentally ill person who commits violent acts, endangers public safety, or seriously endangers the personal safety of others, and who, after legal procedures, is determined not to bear criminal responsibility, and who may continue to pose a danger to society, may be subjected to compulsory medical treatment.
[1] Court Opinion
This court finds that the defendant, Ge Chen, struck the victim's head with a knife, causing one person to suffer a minor injury of the second degree. His actions demonstrated an intent to deprive another of life and constitute the crime of intentional homicide. Ge Chen had previously been sentenced to fixed-term imprisonment for an intentional crime, with a suspended sentence. During the probation period, he committed a new crime, so the suspended sentence should be revoked, and multiple crimes should be punished concurrently. During the commission of the crime, Ge Chen failed to achieve his goal due to reasons beyond his will, constituting an attempted crime. After evaluation, he was found to be a person with limited criminal responsibility. Having obtained the victim's forgiveness, his punishment may be mitigated.
Regarding the defense and arguments of Ge Chen, his legal representative, and his counsel that Ge Chen's actions did not constitute a crime, upon investigation, the case file contains Ge Chen's confession and relevant witness testimony, which can prove that Ge Chen intentionally struck the victim's head with a knife, causing one person to suffer a minor injury of the second degree. His actions constitute the crime of intentional homicide. Therefore, this defense and argument are not accepted.
After deliberation by this court's judicial committee, the judgment is as follows: The probation portion of the criminal judgment (2018) Wan 1602 Xing Chu No. 878, in which the defendant Ge Chen was convicted of intentional injury and sentenced to one year of fixed-term imprisonment with a one-year probation, is revoked. The defendant Ge Chen is convicted of intentional homicide and sentenced to five years of fixed-term imprisonment. This is combined with the previous sentence of one year of fixed-term imprisonment for intentional injury, resulting in a total sentence of five years and six months of fixed-term imprisonment.
[1] The author's perspective
It can be seen that in this case, the court did not acquit Ge Mouchen simply because he was a mentally ill person (a person with limited criminal responsibility). Instead, it only mitigated his punishment after considering the forensic psychiatric evaluation and obtaining the victim's forgiveness. This shows that neither legal principles nor judicial decisions excessively shield the criminal acts of mentally ill individuals.
In my view, rather than focusing on whether the law provides "special protection" for mentally ill individuals, it is better to pay attention to how to supervise and treat them. Only by nipping the crime in the bud at its source can tragedies be avoided.
China's Criminal Law has long stipulated that mentally ill individuals who lack criminal responsibility and are not criminally liable are not simply left unchecked. Instead, their family members or guardians should be ordered to strictly supervise and provide medical treatment, and if necessary, the government may enforce compulsory medical treatment.
However, in practice, due to reasons such as scarce medical resources, the difficulty of supervising patients, neglect by patients' families, and social discrimination, this provision is not fully implemented. If a patient slips through the cracks, it can lead to another tragedy, and ultimately, the entire society bears the consequences.
