(Source: Legal Daily)

Sourced from: Legal Daily

#What are the consequences of doctors issuing forged mental-illness assessment reports?##Look back at the progress of China’s rule of law together with the nation’s resolute drive#【Watch together (with Respected/“Heavyweight”), learn together—win benefits by learning the law! Like and comment to have a chance to win an iQIYI VIP card and even signed photos of the starring cast!】Recently, the period legal drama ensemble (with Respected/“Heavyweight”)@电视剧重器 starring Huang Jingyu @黄景瑜, Jiang Qiming @蒋奇明, Yan Peilun @闫佩伦Ypl, Zhang Jianing @张佳宁, and Jiang Peiyao @姜珮瑶 is currently airing. The series, with its roots in the real historical course of legal development, tells the story of generations of legal professionals who uphold justice and protect the original intention of the rule of law. #Have thoughts about the show#Today, join the Legal Daily host @法报君 to watch (with Respected/“Heavyweight”), and learn the law together to win benefits! In the “high-ranking official’s son’s chain rape case,” Song Xiaoguang, as the organizer of a criminal gang, was deemed to have no criminal responsibility because he was found to suffer from a mental disorder. The judge in charge of the case, Yu Gaoyuan, after conducting visits and investigations, doubted the conclusion of Song Xiaoguang’s mental-illness assessment report. This assessment report bears the signatures and seals of five psychiatric doctors locally. If the conclusion was forged, what responsibilities would they bear? If Song Xiaoguang truly has a mental disorder, does it mean he bears no legal responsibility at all? (Legal Daily) Li Hongxuan, a member of the Legal Experts database and a partner at Beijing Dacheng Law Offices, said that according to Article 305 of China’s Criminal Law, in criminal proceedings, a witness, forensic expert, record-keeper, or translator who intentionally provides false testimony, forensic findings, records, or translations regarding key circumstances related to the case, with the intent to frame another person or conceal criminal evidence, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The subject of this crime includes “forensic experts.” A judicial forensic professional who issues a false assessment report commits this crime. In addition, if a person who is not a forensic expert (such as hospital administrative staff or other medical personnel assisting in providing a forged report) helps to forge the assessment report, it may constitute the offense of assisting in destroying or forging evidence under the second paragraph of Article 307 of the Criminal Law. Furthermore, if Song Xiaoguang does have a mental disorder, then according to Article 18 of the Criminal Law: when a person with a mental disorder causes harmful results because they are unable to recognize or control their own conduct, and this is confirmed by legal procedures, they shall not bear criminal responsibility, but the person’s family members or guardian shall be ordered to provide strict supervision and medical treatment; when necessary, the government may impose compulsory medical treatment. A person with a mental disorder who commits a crime during periods when they are mentally stable shall bear criminal responsibility. For a person with a mental disorder who has not completely lost the ability to recognize or control their own conduct, they shall bear criminal responsibility, but the punishment may be given a lighter sentence or reduced. Article 302 of the Criminal Procedure Law stipulates that if a person who is mentally disordered—having been determined by legal procedures to bear no criminal responsibility—commits violence, endangers public security, or seriously endangers citizens’ personal safety, and may continue to endanger society, compulsory medical treatment may be imposed. Even if a person with a mental disorder is found to have no criminal responsibility, it does not mean they are simply released back into society. For a person with a mental disorder who committed violence and may continue to endanger society, the court may decide to impose compulsory medical treatment. Follow @法治日报 and repost/comment on this post. Tonight at 10:00, we will randomly select 12 lucky fans. We will give out iQIYI VIP monthly cards (10 cards), iQIYI VIP quarterly cards (1 card), and random signed photos of the starring cast (1 set)! What are you waiting for? Act now!