Citation

Sun Y, Hu JN. Fa Yi Xue Za Zhi 2006; 22(5): 361-364.

Affiliation

Department of Forensic Psychiatry, Beijing Ankang Hospital, Beijing 100055, China.

Copyright

(Copyright © 2006, Si fa bu Si fa jian ding ke xue ji shu yan jiu suo)

DOI

unavailable

PMID

17190151

Abstract

OBJECTIVE: To explore the main factors that most influence the psychiatrists in the process of assessing the capacity for criminal for perpetrators of homicide. METHODS: 105 homicide cases were retrospectively analyzed. RESULTS: The number of cases for no responsibility, reduced responsibility and full responsibility is 41 (39.0%), 28 (26.7%) and 36 (34.3%) respectively. The assessment of capability for criminal responsibility was significantly correlated with three major factors, they are: whether the homicide was driven by psychopathological factors (Gamma = 0.906, P = 0.000), whether the perpetrator was suffering a severe mental disorders (Gamma = 0.761, P = 0.000) and, whether the victim is the perpetrator's family member or relative (Gamma = 0.412, P = 0.000). CONCLUSION: Forensic psychiatrists take three major aspects into account in their process in assessing capacity for criminal responsibility, in a descending order, they are: was the homicide driven by pathological motivation? Was the perpetrator suffering from a severe mental disorder? Was the victim a family member or stranger?

Language: zh