The "criminal law amendment (Draft)" mental illness forced medical procedures

Law Committee of the NPC Standing committee:

We are long-term research and focus on psychiatric admission system, promote the rule of law and civil society organizations in the mental health field, last year released "Chinese system admitted to psychiatric legal analysis report", and send you to do. We learned that the "criminal law amendment (Draft)" (hereinafter referred to as the draft) is seeking public opinion, we on this "open legislation" initiatives agreed and welcome.

From the published draft for psychiatric problems, especially the addition of fifth parts with fourth chapters "on the implementation of violence, mental patients forced medical procedures" as a special program regulations, in a specific range will be mandatory medical decisions from the previous exercised by the public security organs into a people's court to exercise, change the "ills without justice the program was forced from the process of the rule of law", is the significant progress. As the research on mental health law and long-term concern, we on the repair of the trend of judicial reform is delighted.

After seeing the progress at the same time, we also found that there are still continued to improve in the space in the draft: in the special procedures stipulated in the mental patients to violence forced medical procedures, the lack of the necessary supporting measures, not the thirty-fourth about the legal aid rules applied to psychiatric compulsory medical treatment by the applicant, failed to provide the necessary assistance to the mentally disabled to exercise their right to appeal.

Legal aid, is supporting measures of compulsory medical procedures indispensable

Legal aid system is designed for the special needs of the suspect, the defendant to provide professional counsel, to safeguard their rights is not due to their own difficulties and infringed. In the criminal procedure, the mental patient often because of the mental state and the ability of self doubt and lack of meaning discrimination ability, defense and help without professional lawyers, mental patients will be difficult to exercise their litigation rights, useless. Therefore, to ensure that the mental patients have the right to an attorney to obtain legal aid and help, in the face of restriction of personal freedom, is a mental patient equal litigation rights protection, especially the compulsory matching mechanism of medical procedures necessary.

Legal aid, is our country as "legal responsibility parties on the rights of persons with disabilities"

In 2008 China signed and ratified the Convention on the rights of persons with disabilities "", the provisions of article twelfth of which, in order to implement the equal recognition in front of the law, States parties shall take appropriate measures, in the disabled person (including the mentally disabled) may be required to provide assistance in exercising their legal capacity. The provisions of article thirteenth, for the implementation of the spirit of the disabled equal access to judicial protection of rights, States parties shall ensure that persons with disabilities on an equal basis with others effective access to justice, in order to facilitate them in all legal proceedings, the proper exercise of their litigation rights, in litigation.

Therefore, will be for compulsory psychiatric care, included in the scope of legal aid, is our country as "States parties on the rights of persons with disabilities" commitment.

To provide legal aid to the mental patient, have feasibility

China has established a relatively perfect legal aid system, according to official statistics at the end of 2009, persons with disabilities around the Chinese legal aid (service) center has 2870, the legal aid object extension to the mental patient through amendment to the Criminal Procedural Law, appropriate training, can improve the forced medical procedures complete, high feasibility.

Therefore, we propose to modify "Criminal Procedure Law" article thirty-fourth, "is for compulsory treatment of mental patients" into the scope of the provision of legal aid, in order to protect the rights of the defendants.

Specific comments to modify our proposed provision for:

Draft article fourth "Criminal Procedure Law" article thirty-fourth [legal]

[] proposed amendments

The suspect, the defendant due to economic difficulties counsel did not entrust, himself and his near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies shall appoint lawyers to defend the.

The suspect, the defendant is blind, deaf, dumb,Be for compulsory mental careWhile not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.

The suspect, the defendant may be sentenced to life imprisonment, death has not entrusted a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions appoint lawyers to defend the.

Contact person: Huang Xuetao

Shenzhen balance mechanism

Psychiatric and social observation

Two, one one September 29th