Thirty-fourth criminal suspects, defendants due to financial difficulties or other reasons, has not entrusted a defender, and near relatives may apply to legal aid institutions. To meet the conditions of legal aid, legal aid agencies should be assignedLawyerProvide justification for the.
The suspect, the defendant is blind, deaf, mute, or is a mental patient who has not completely lost the ability to recognize or control his own conduct, not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions assignedLawyerProvide justification for the.
The suspect, the defendant may be sentenced to life imprisonment or death, did not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions assignedLawyerProvide justification for the.
   Interpretation.

The mental patient has not completely lost the ability to recognize or control his own conduct regulations "the provisions of the second paragraph". The provisions of this paragraph is some patients belong to limited liability in the crime, and not completely unable to recognize or control his own conduct, still retain a part of identification or control his own conduct. The consequences of this have on others and society but also the negative part of criminal responsibility. So the legal provisions on the criminal suspect does not entrust a defender, the people's court, the people's procuratorates and the public security organs shall inform the legal aid institutions assignedLawyerTo defend its, fully protect the people's legitimate rights and interests.

 

The relevant provisions of the criminal law of our country a, in

By July 1, 1979 fifth session of the National People's Congress of the second meeting of the China's first criminal law of 1997, as revised. There are legal provisions about the psychosis criminal punishment in the criminal law in the original 1979.

   The original article fifteenth of the criminal law: "mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, he shall not bear criminal responsibility; but he shall command his relative or guardian strict custody and medical.

   Intermittent mental illness is a crime, he shall bear criminal responsibility.

   An intoxicated person who commits a crime, he shall bear criminal responsibility."

   The following problems should be clear in the law:

   1, for the recognition of mental illness is unable to recognize or control their behavior problems. For the solution of this problem is the main identification rely on psychiatric medical experts, combined with the investigation and handling of these two aspects of work to identify. To find the relevant witness at the time of the survey, such as working with comrades, neighbors, behavior person if you are a student, to his classmates and teach the teacher survey. For the behavior of relatives can also be investigated, when the evidence of poor reliability.

   2, how to identify the mental patients have the ability not to recognize his own conduct. For mental patients if lost judgment ability and the ability to protect themselves, do not know the consequences of their actions, can be identified as unable to account for his own conduct; the behavior of great important things or lack of judgment and self protecting ability, and can not see the consequences of their actions, can be identified as not fully account for his own conduct people.

   3, the law specifically provides for the drunken crime shall bear criminal responsibility, this provision is connected with international ones, most of the countries in the world are basically of the provisions of this. But in judicial practice there are some special provisions and laws is not used, that is to say the clause is usually drunk, for some special drunkenness is not applicable, such as disease, complexity of rational drunk drunk.

   According to China's criminal law provisions of article fifteenth of the original, the intoxicated person's criminal crime is not forgive, is mainly based on alcohol consumption is a personal act, is of its own will, drunkenness is the sense of All the world knows., heavy drinking, deliberate self indulgence. Is quite different from the ordinary drunk for pathological drunkenness. Pathological drunk people are not drinking normally, that is to say that people don't drink, it does not exist the problem of BOT. This man when a small amount of alcohol, which is a severe reaction to alcohol drunk, also is a kind of acute allergic reaction, also is a kind of acute toxic reactions. Poisoning manifestations of consciousness disorder, serious accompanied by hallucinations, mental symptoms delusion and bitty covet, finally lead to the things around the environment, characters, distorted judgment, violence can appear a variety of, various consequences of the crime. These serious consequences, is poisoning in poisoning due to lost the ability of recognizing and controlling behavior, does not belong to the intentional and negligent, no subjective elements, do not constitute a crime. Therefore, China has consistently for the pathological intoxicated person who commits a crime were carried out by irresponsibility processing, so the countries all over the world.

   For the identification of pathological drunkenness must carefully, with the survey materials widely, on-site inspection, fully grasp the details of the case, the understanding of the whole process of the crime. And was observed and the objective examination strict on the behavior.

   4, the provisions in the law with criminal intermittent mental patient. Intermittent mental patients in mental normal crime shall bear criminal responsibility. The mental patient symptom appears when HERSHEY'S bad, sometimes clear and sometimes consciousness is not clear, intermittent period significantly in the course of the disease.

"Intermittent psychosis" is not a clinical diagnosis of nouns, in the spirit of medicine does not exist in diagnosing this disease name, this is a law. But does this kind of diseases in psychiatry, in clinical performance have obvious intermittent attacks, in does not attack the clinical symptoms can complete remission, the spirit appears completely normal, the integrity of personality, social function and the ordinary people. For example: affective psychosis, periodic mental disease, hysteria, these mental disease in law called intermittent psychosis.

There are some mental disease, for example: schizophrenia, epilepsy and mental illness, the disease in the first episode, or after treatment, symptoms can be relieved or eliminated, but if not adhere to medication maintenance therapy can also relapse. These patients had normal mental intermittent period.

   5, the original criminal law fifteenth emphasized in recognition ability is a very important, the ability to identify only the complete loss of the degree is not bear criminal responsibility. The ability of criminal responsibility identification capacity, refers to the act of meaning, with their behavior in the criminal law's nature, function, the consequences of the resolution ability of cognition. The ability to identify is a legal term, refers to the behavior person has the ability to recognize their own behavior is illegal and legal, is legally prohibited or not prohibited.

   The ability to identify and everyday people said discrimination, such as a person can identify the men and women, children and adults, daytime and dark days, but this may also lose the mental patient identification ability.

   6, the control ability of understanding is sometimes very abstract, in the judicial practice often meet expert judicial personnel and mental medical knowledge inconsistencies in the. Control ability in the science of criminal law is a legal term, refers to the behavior of people have the ability to choose your actions are implemented or not implemented is prohibited by the criminal law, also is the act that their behavior is forbidden by the criminal law, even in the case of any changes they can control not to violate the law, this person is called a good control.

   This some judicial personnel and medical experts have different understandings, that some criminals knowing that a crime is not allowed by law, but is unable to control, there are chances in crime, for example, thief in after being captured, a thousand, million promise never steal, sometimes I put a finger amputated, but still bad habits do not change, the person also is the loss of control ability?

In short, the implementation for mental patients in the identification of crime, you should recognize and control ability together to discuss, in general do not separate. If a person completely lost the ability to recognize, there is no ability to control how, if his ability to identify normal, his ability to control can be normal, can also be weakened or even loss.

In the criminal law of the criminal liability is divided into with and without the two, then in 1997 after the revision of criminal law is divided into a, and no grade three. In the previous criminal law although divided into with and without two level, but not completely in accordance with the provisions of the operation in the judicial practice, because of the dichotomy is divorced from reality, which is not according to the theory of criminal law and judicial practice. In the long-term judicial practice, psychiatry has been divided into three parts, has also been recognized by the judicial trial, so in the 1997 revision of criminal law, had to be changed to three points method.

   No responsibility in three by the behavior, is completely lost ability to recognize or control results; complete responsibility, is the act of no loss of ability to recognize or control ability of the mental patients; third is not completely unable to recognize or control his own conduct crime, shall be given a lighter or mitigated punishment.

   For the identification of forensic psychiatry psychiatric patients after the crime, no responsibility or liability capability of the two are relatively easy to assess, not very good grasp of this kind is diminished responsibility. Sometimes the appraisal conclusion when disputes occur, the controversial are mostly concentrated in this limited liability ability. In practice, only a very clear that human behavior is no ability to recognize or control ability in the case of completely lost, to seek truth from facts for the partial ability of responsibility (also called the limit responsibility ability or diminished responsibility). Never place the identification of cases with uncertainty, or controversial identification, when not to identify consensus, simply to the appraisal conclusion the last part of responsibility.

   Eighteenth of the criminal law amended in 1997 stipulates: "the mental patient harm results in time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to strict surveillance and medical; when necessary, by the government of compulsory medical.

   Intermittent mental illness is a crime, he shall bear criminal responsibility.

   Mental patient who has not completely lost the ability to recognize or control his own conduct crime, shall bear criminal responsibility, but may be given a lighter or mitigated punishment.

   An intoxicated person who commits a crime, he shall bear criminal responsibility."

   One nine nine seven article eighteenth of the criminal law revised contents and the original one nine seven nine article fifteenth of the criminal law has made great changes, the first three points method allows the crime mental patient in identification of responsibility of, this is a breakthrough, can be in the form of text from the penal code is fixed, it shows the rigor of the law, seriousness. The provisions of the seek truth from facts so that the majority of law enforcement of a "law enforcement idea of law". The original article fifteenth of the criminal law. There is no such provisions. But because of the need of judicial practice, the majority of law enforcement and law enforcement professionals are in flagrant violation of the provisions of the criminal code, using three points method. If strictly speaking, three points before the psychosis criminal application is wrong, is illegal, but China's legislature has always respect the facts, respect the objective, firmly believe that practice is the sole criterion for testing truth. So in the later revision of criminal law, the original fifteenth were larger changes, so that the legalization of the three law of real. The law also stipulates "the accreditation of legal procedures" provisions, which mainly solves the problem of convergence with the criminal procedure law, in order to solve the problem is identification of chaos in judicial practice.

(89) seventeenth, is composed of five departments jointly issued the "Interim Provisions" of forensic psychiatric identification, this paper though issue for many years, most of the provinces, municipalities and autonomous regions according to the file, but there are few studies of psychiatric hospital, and forensic despite the documented act as one pleases,, self identification, caused a lot of error identification, bring adverse effect to the trial. In order to standardize the identification procedures, in 1996 the amended criminal procedure law made a unified regulations on judicial psychiatric expertise, will be designated by the people's government at the provincial level hospital for identification, identification of other institutions and individuals to make invalid. The provisions of this law, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of justice, the Ministry of public security, security, Law Committee of the NPC Standing Committee and the judicial interpretation.

The Supreme People's court in June 29, 1998 989th trial committee meeting adopted the "on the implementation of (Criminal Procedure Law of the people's Republic of China) interpretation of several issues". Among the two judicial interpretations are further emphasized the problems of implementation of article 120th of the criminal procedure law. Provisions in the interpretation: psychiatric medical identification will be determined by the provincial people's government designated hospital, the people's court in the trial, the appraisal conclusion to designated by the provincial people's government by the hospital, after examination, that is in question, not as a final basis, to other hospitals to employ separate provincial governments were specified supplementary identification or re identification. Can't be hired other authentication institutions supplementary identification or re identification. Now the criminal procedural law of new psychiatric judicial authentication cancelled hospital appraisal of provincial government designated by the society for the judicial organ, shall be approved by the specialized psychiatric judicial authentication institution identification.

 

Two, the relevant provisions of China's criminal procedure law in the original

   China first criminal procedure law by July 1, 1979 Fifth National People's Congress second conference, was revised in 1996. In the criminal procedure law, some legal provisions is specially to the judicial authentication and provisions, which also has a part is the appraisal problem of mental illness.

   Eighty-eighth of the criminal procedural law stipulates: "in order to find out the case in 1996, when the need for some specific problems to solve in the case, shall appoint, hire an expert who were identified after the."

   Rule eighty-ninth: "after verification, shall write a conclusion of expert evaluation, and signature."

   Article ninetieth stipulates: "the appraisal conclusion used as evidence shall inform the defendant. If the defendant's request, can complement the identification or re identification."

   These three rules are identified to all criminal cases means, medical identification of course also fully applicable to psychosis.

   In order to find out the truth, to solve specific problems, such provisions apply to all aspects of the program, the first is the investigation stage if encounter special problems such as some time, people's behavior motive unknown, found in the questioning spirit is not normal, can apply for psychiatric medical expertise. In the trial process and Sue link if need can also apply for psychiatric medical expertise.

   The criminal procedure law in 1979 the implementation of more than ten years, from March 17, 1996 eighth session of Fourth National People's Congress revised. The criminal procedure law revised, with clear legal provisions for medical evaluation of mental illness, to criminal proceeding brought great convenience.

   The criminal law forty-eighth stipulation modified: "those who know the circumstances of the case, have the obligation to testify.

   Physiological, mental defects or young, can not distinguish between right and wrong, cannot properly express themselves, not witness."

That provision is the witness of the qualifications and conditions, is not as a witness for the mentally defective person, because certain mental patients can not distinguish between right and wrong, cannot properly express the true meaning of things, so the provisions of this one belongs to non competency. Of course, is to go through the psychiatric medical expertise to evaluate whether the witness has the ability to testify.

In accordance with the law requires the weight of evidence, investigation and study, the evidence here include the testimony of a witness. The testimony of a witness for the defendant not guilty, guilty of the crime or light or heavy crime has very important role. Testimony at trial, including testimony of witness in court on the explanation and demonstration. If a very important witness, really need this to testify in court, but if one of the parties the case put forward this person is a mental patient, do not let this man to testify in court, only after the psychiatric medical expertise have a look this person have no competence, if the appraisal conclusion is mentally normal, as capacity in his testimony, the effective. If a mental patient, can not distinguish between right and wrong, can not express their true meaning, this is no competence, his testimony will be ineffective, but also can not appear in court as a witness.

   Analysis on the reasons why some people are not willing to testify now is in many aspects, some timid by take revenge, some is afraid of the future of their own personal safety can not be guaranteed, but also some is afraid of his relatives of children by revenge. Also because of some time and money problems. In the judicial practice also do encounter some people, knowing that no safety hazard is not to testify, is not recognized in the field, do not admit what know to the case. There are people behind the conversation can speak out some problems, but in the trial for the court to prove, he was afraid. There are very important witnesses to testify the news know after the installation into psychosis. In short, the mental state of expert witness, in judicial practice is also a lot of.

   The original 1996 criminal law stipulates that the 119th revised: "in order to find out the case, when the need for some specific problems to solve in the case, shall appoint, hire an expert who was identified."

   Article 120th: "after verification, shall write a conclusion of expert evaluation, and signature.

   Medical identification of personal injury controversial needs to be identified or medical expertise on mental illness, designated by the people's government at the provincial level hospital. After verification, shall write a conclusion of expert evaluation, and signed by the appraiser, a hospital official seal.

   Identification of intentionally makes a false verification, he shall assume legal responsibility."

    Article 121st: "identification of the conclusions will be used as evidence in the investigation organ shall inform the criminal suspect, the victim. If the criminal suspect, the victim can apply, supplementary identification or re identification."

   Article 122nd: "during the psychiatric appraisal on a criminal suspect shall not be included in the deadline."

In the 120th article of the provisions in the first paragraph, authenticators shall sign. This article is very good, because there is no identification signature behind the identification book before there are many, there is only one identified dedicated seal, such a situation in the identification of medical malpractice, psychiatry identification. Identification of the person is a full-time staff and authorities will not exist in this situation, identification of human is non political and legal organs staff, part-time community identification, professional appraisal committee etc.. In short, when the appraisal conclusion after the announcement, the party is extremely professional identification of adverse, generally do not want to signature identification. This is a kind of social phenomenon, does not belong to the professional moral problem of a person. Before the social atmosphere is very good, identification of human has been signed, not what any menace from the "rear". But in recent years the social atmosphere of corruption and social disorder, often appraiser siege beaten situation. As long as it is not injured, no one to the investigation report.

Before the law also clearly stipulates the appraiser shall be signed and sealed after identification, which can not be identified in some areas, much of the seal without signet, only the conclusion without signature. In the law enforcement staff of the grass-roots work also learned of this practical problem, and not fully guarantee the identification of the personal safety, but only the seal does not recognize the signature.

   Still the provisions of identification the identification of the criminal procedure law amended in 1996, shall write a conclusion of expert evaluation and signature. The rules will be able to be implemented in every corner of the country, in each committee professional identification can be implemented, mainly depends on the public security organs, judicial organs have no protective measures, the identification of effective preventive measures, after the events occur revenge at penalties. If some measures are not implemented, identification of personal security is not the real security, identification of signatures will be empty talk.

   The public security organs, procuratorial organs, judicial organs and the judicial organs and other judicial organs, if because of the need to handle cases of criminal suspects, identified, mental state, must be entrusted to the provincial (municipal, autonomous region) society oriented government approved hospital of forensic mental state identification of human behavior, this is criminal provisions procedure law in the new implementation, everyone.

 

The suspect fortieth defender collected not at the scene of the crime, does not reach the age of criminal responsibility, mental patients belongs to not bear criminal responsibility in accordance with the law of evidence, it shall timely inform the public security organ, the people's procuratorate.
   Interpretation.

 The only explanation to the "mental patient" do not bear criminal responsibility according to law. This provision is mainly the provisions in criminal cases, and to advocate the evidence provided by the attention. In the case of some staff on the suspect's defenders, the evidence is very important, this is a sign of the sound of our rule of law, must not take counsel as not essential, to fully listen to their views, to seriously study the statement of defense, the new evidence on the defender has to be investigated verify. As a defendant to collect the criminal suspect does not bear criminal responsibility evidence to inform the people's Procuratorate, public security organ.

 As a qualified lawyer and the case handling personnel, all of the suspect shall not bear criminal responsibility to the scientific master, not because the defenders put a evidence investigation, prosecution and trial was postponed, this is not conducive to the case handling. As a defender should be more knowledge of psychiatry, what kind of situation will assume full criminal responsibility, what kind of situation to the negative part of criminal responsibility, and what types do not bear criminal responsibility. There is no scientific evidence don't inform public security organs, people's procuratorates, which also shows the professional level of a lawyer.

The ability of criminal responsibility, referred to as the responsibility, is a concept of law. Responsibility is including the nature, significance and consequences for behavior understanding, identification and control ability, but also includes the understanding of the law and the ability to correct these errors, these two aspects are usually the same. There is no responsibility, is the premise to bear criminal responsibility. Reached the legal age and normal mental person, have the responsibility. No responsibility is due to a minor or mental defects. Patients with mental disorders due to illness and loss of implement harm behavior identification or control ability, is free of responsibility; patients with mental disorders due to illness resulting in the implementation of harm behavior identification or control ability were significantly decreased, which belongs to the diminished responsibility. In our country, has not reached the legal age of young people (under 14 years), due to their physical and mental development is not mature, accept social education is often just the beginning, their nature, their behavior consequences due to the lack of ability to identify, to the social phenomenon is the ability to judge the lack of non adults. So, whether or not suffering from a mental illness, and no matter how it actually identification, control, legal provisions are no responsibility. The provisions of the criminal law: full already 16 years old person who commits a crime shall bear criminal responsibility; full already 14 years old people under the age of 16, criminal responsibility of several serious crimes murder, serious injury, robbery, fire, who commits a crime the legal limit; has over 14 years of age under 18 years old who commits a crime, shall be given a lighter or mitigation of punishment. Intermittent mental patients should bear criminal responsibility in the crime the spirit of the normal time.

   The constitution of crime in criminal law, including the object of crime, objective aspect of crime, subject of crime, subjective aspect of crime. On the subject of crime, the age of criminal responsibility and criminal responsibility, is whether the actor has become the two necessary conditions of subject of crime. Whether a person has the criminal subject, is a prerequisite for he can constitute criminal law on the crime or criminal negligence. The mental patient without ability of responsibility does not have the crime, he in the implementation of harm behavior, on the surface seems to have "intentionally", but this is distorted by the pathological cognition, emotion, volition "intentionally", does not constitute a crime in the criminal law. Can only be due to mental disorder caused him lose substantial recognition or control ability.

   A measure of responsibility from the perspective of law, application of standard is the behavior of the identification and control how the force. All weaken the perception or ability to control or lose their behavior, the responsibility has lost or reduced. But in actual judicial psychiatry appraisal, must combine legal standards and medical standards to measure, this is because apart from medical standard, simple to judge a person's behavior is the loss or weakening of the identification and control force is often not possible. So, medical diagnosis is the basis, as has been diagnosed with a serious mental disease, often due to the abnormal mental function, make the recognition ability and control ability to lose. Then from the legal conditions to be tested, and strive to do the same. Any pure emphasize medical standards or simply emphasize law standard trends are not appropriate. In medical diagnosis or on disease severity judgment as the basis, to determine the responsibility of ability, and to identify the ability or control ability as the specific judging criteria, namely the combination of two standard trend is more in line with the actual situation, more reasonable, more accepted. At present, China's judicial psychiatry circles have made an agreement, the responsibility is the basis of law, medicine, the standard is the norm, in medical diagnosis and assess the severity of the disease at the same time, should seriously study the identification and control, if the perception or control exists and has the psychological and social factors normal, should return to examine whether the disease in remission or intermittent period, in short, to coordinate the medical standards and legal standards. In so doing, is safe and beneficial to determine responsibility.

   The provisions of the criminal law: "mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, he shall not bear criminal responsibility......". "Intermittent when he is in a normal mental crime, criminal responsibility shall be borne". It indicated that not all people who suffer from mental illness, all belong to the non criminal responsibility.

   1, can not account for his own conductA person is suffering from mental illness, but if there are still recognize his own conduct, or to bear a corresponding responsibility. Must be in the suffering from mental illness, at the same time, because of the influence of mental disorders and other symptoms and can not understand things with non, cannot understand their legal and illegal, is judged as no responsibility.

   2, unable to control their behavior. some psychiatric patients is the ability to recognize his own conduct, but because of the impact of the disease, unable to control their behavior, should also be assessed for no responsibility. This patient is more affective disorder or volitional activity is impaired.

   3, must be in the occurrence time of behavior is unable to recognize or control his own conduct state. If the spirit disease occurred in the harm behavior before, to understand the past condition is yet, psychiatric symptoms and its harm his can link behavior, i.e. whether there exists inevitable causal relation between their past and present condition of the harm behavior, otherwise cannot be assessed as no responsibility.

   4, in the intermittent period of mental disease or remission of harm behavior of the disease, because of their mental activity has returned to normal, that is not classified as no responsibility.

    5, in the intelligent defect state. Regardless of its intelligent defect is inborn or acquired, if the defect degree is serious, should be judged as no responsibility. If the intelligent defect is moderate or mild, then according to the specific circumstances, decide to make no responsibility or diminished criminal responsibility.

On the judicial psychiatric appraisal conclusion, the judicial organs shall review its scientific nature, objectivity, as determined by examination is adopted, the conclusion that the legal effect. Because in the process of authentication, identification of people inevitably influenced and restricted by the people around himself or the subjective and objective factors, so the individual identification of the conclusions may be incomplete, one-sided, even is not correct. Especially when the material collected is not sufficient, not not accurate, reliable, make the wrong conclusion is possible, so experts psychiatric appraisal conclusion should not be used as the final conclusion, and subject to review after the adoption.

 

Sixtieth those who know the circumstances of the case, have the obligation to testify.
Defective or young physically, mentally, to distinguish right from wrong, cannot properly express themselves, not witness.
   Interpretation.

Here only to "correct defective in the expression" the spirit of the people can't tell right from wrong, not man, not as a witness. The provisions of both criminal cases, civil cases, legal effect without the testimony, the court should not allow such people to testify in court.

   In China's criminal proceedings, felony witness testimony for the defendant's guilt or innocence or light offence has play a decisive role, the role of the judicial personnel in accordance with the law, so collecting the testimony of witnesses, must and expression form of it, carefully review from the main, the objective aspect. For the qualification of the witness of our country without limit, those who know the circumstances of the case have the obligation to testify, but in the witness has no competence, Chinese law clearly stipulates: any physical, mental defects or young, can not distinguish between right and wrong, not the right expression of human, not witness.

   In the civil procedure in China, those who know the circumstances of the case, have the obligation to testify in court. If it is the mental patient, though once on site, but due to mental disorders and cannot properly express will, should be identified as non competency. So, when the abnormal mental state, the judiciary candidates please forensic psychiatry expertise of the mental state and the competency assessment. Identification of the person is entitled to the case materials necessary to understand identification, ask the parties and the relevant personnel. Identification of the end, write written expert opinion and certifying documents, the signature or seal in the identification of the book.

Determine whether the competence is based on medical standards and legal standards to judge. Medical standards is still a medical diagnosis, determine the nature and extent of mental disorders. To determine if a person has no competence of medical standards than other legal capacity limit is much more strict. This is due to the nature of the evidence and the position in the criminal procedure. But this is not absolute, there are many mental patients have obvious mental symptoms, but can clearly identify mental symptom and unrelated things with non, also can correctly express. Such as psychiatric symptoms in patients with paranoid psychosis is limited to a particular aspect of delusion, other mental activities to keep in good condition. The specific circumstances of the case of this video, as long as it does not involve the disease rational spirit activity content, cannot be exempt from the competency from the medical standards. The legal standard to determine competency is to be identified whether due to mental defects, loss of non discrimination of objective things, can not correctly through language express facts, legal standard is no witness ability. If the identified people with psychosis, enable him to objective things is not can't identify, or can not correctly understand and fulfill the rights and obligations of the legal. It should be judged as no competence. For some a mental disorder onset of disease, such as in the spirit of good condition, but the testimony, but have a recurrence of an old illness. At this time should be a concrete analysis of concrete conditions. If the case must be the witness, and the course of the disease is short, quick recovery, should be first to treatment, the mental state is recovered, can testify to restore its ability.

 

The sixty-fifth people's court, people's Procuratorate and the public security organs shall, in any of the following circumstances of criminal suspects, defendants, can bail:
(a) may be sentenced to public surveillance, detention or independent additional penal apply;
(two) may be sentenced penalty above, release on bail will not take the danger to the society;
(three) suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby, release on bail will not take the danger to the society;
(four) detention period expires, the case has not yet completed, need to take bail.
Bail enforcement by the public security organs.
   Interpretation.

 Here only for third to explain: "suffering from a serious illness, the life cannot provide for oneself, pregnant or breast-feeding her baby,"

 Affected with a serious disease, is not a clear definition of the word, for serious illness, if not a precise definition of the condition is difficult to master. The same disease happening in different people, will have different performance, such as occurred in the elderly, children, pregnant women and the frail body, can have more severe manifestations, if a disease also occurs in young people, is not to regard it as right. In the one nine nine 0 years, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of Justice jointly issued the "medical parole way" and "parole" disability range (Si 1990 ) Document No. 247. This file defines what kind of disease is a serious disease, what kind of disease can be released for medical treatment, this document although lists of disease is not complete, but at that time is a good standard, basically do have no time, end the chaos of the standard, this is a progress, is a milepost a construction of rule of law. Below the standards are as follows:

"Parole": the range of disability

   Is serving a sentence has one of the following circumstances and in accordance with the provisions of the disabled, and other conditions, may be granted medical parole:

   One, the psychiatric hospital (according to the judicial organ designated forensic forensic hospital) with all kinds of mental illness often attack, such as schizophrenia, manic depression, periodic mental disease.

   Two, various organic heart disease (rheumatic heart disease, coronary heart disease, hypertensive heart disease, cardiomyopathy. Pericarditis, pulmonary heart disease, congenital heart disease), cardiac function in grade three or above.

   Caused by organic heart disease arrhythmia, such as multiple multi-source extrasystoles, atrial fibrillation, two degree atrioventricular block.

   Myocardial infarction after treatment, there are still serious coronary insufficiency, change or complications.

   Three, hypertension stage.

   Four, cavitary pulmonary tuberculosis, hemoptysis, after two courses of treatment does not heal, bronchiectasis, hemoptysis, and complicated with pulmonary infection.

   Suffering from pulmonary and pleural disease, at the same time there are serious respiratory dysfunction, such as pleurisy with effusion, empyema, traumatic hemopneumothorax, diffuse interstitial pulmonary fibrosis.

   Five, all caused by cirrhosis decompensation, such as portal cirrhosis, postnecrotic cirrhosis, biliary cirrhosis, cardiac cirrhosis, Schistosoma cirrhosis etc..

   Six kidney function, chronic kidney disease caused by incomplete, the treatment can not be restored, such as chronic glomerulonephritis, chronic pyelonephritis, renal tuberculosis, renal arteriolar sclerosis.

   Seven, cerebrovascular disease, intracranial organic diseases caused by paralysis of limbs, obvious language barriers or visual disorders, the treatment does not heal.

   Cerebral vascular diseases, such as cerebral hemorrhage, cerebral thrombosis, subarachnoid hemorrhage, cerebral embolism.

   Intracranial organic diseases, such as intracranial tumor, brain abscess, forest encephalitis, tuberculous meningitis, purulent meningitis, severe craniocerebral trauma.

   Eight, all kinds of disease of spinal cord and peripheral nerve induced limb paralysis, incontinence, life can not take care of themselves.

   Various spinal diseases, such as inflammation of the spinal cord syringomyelia, high, compression of the spinal cord, motor neuron disease.

   Peripheral nerve diseases, such as multiple neuritis, peripheral nerve injury, treatment is invalid, life can not take care of themselves.

   Nine, frequent grand mal epilepsy, associated with mental disorders.

   Ten, diabetes and heart, brain, kidney disease or severe secondary infections.

   Eleven, collagen diseases resulting in organ dysfunction, therapy, such as systemic lupus erythematosus, dermatomyositis, nodular multiple arteritis.

   Twelve, the diseases of the endocrine glands, difficult to cure, to lose labor ability, such as the pituitary tumor, diabetes insipidus, acromegaly, Cushing's syndrome: primary aldosteronism, pheochromocytoma, hyperthyroidism, hypothyroidism, hyperthyroidism, hypoparathyroidism.

   Thirteen, leukemia, aplastic anemia.

   Fourteen, parasitic diseases of lung, brain, liver and other important organs, cause secondary damage, life can not take care of themselves. Parasitic diseases, including cysticercosis paragonimiasis, clonorchiasis, filariasis, schistosomiasis.

   The important organs, such as liver damage or fifteen left with severe dysfunction, a variety of important organs of operation after the treatment, the left have severe dysfunction, lose labor ability.

   Sixteen, the digestive organs and abdominal operation with severe complications such as severe, recurrent adhesive intestinal obstruction, should not be cured.

   Seventeen, lung, kidney, adrenal gland and other organs side to side resection, still have disease become obvious dysfunction.

   Eighteen, severe pelvic fracture complicated with urethral injury, after the treatment in bone and joint left motor dysfunction, or left with urethral stricture and treatment of urinary tract infection.

   Nineteen, brain, spinal cord trauma sequela have dementia, aphasia (including serious language not clear), loss, paraplegia or a limb function size can not be controlled, the function is difficult to restore the.

   Twenty, upper limbs, lower limbs, an upper and a lower limb amputation because of injury, illness or loss of function, can not be restored.

   The upper limb amputation in the wrist, ankle joint of lower extremity in.

   Loss of function of limb rigidity, deformity, muscle atrophy, upper limb must reach the hand can not extract, lower limb should reach the foot not discreet.

   Complete loss of function or injury to the fingers of both hands defect more than six persons, twenty-one hands. And the six defects of the finger in more than half of the metacarpophalangeal joint disarticulation, must include double thumb total loss.

   Twenty-two, more than two major joints (shoulder, elbow, knee, the hip ankylosis deformity) due to injuries, treatment did not improve, the equivalent of double lower limbs or double upper limbs or an upper and a lower degree of loss of function, complete loss of spinal function.

   Twenty-three, malignant tumor after treatment did not improve their.

   Twenty-four, other types of cancer, seriously affect the body function and not thorough treatment, or body condition, large tumors, tumor and major organs with serious adhesion for reasons not operation treatment or have serious sequelae.

   Other types of cancer refers to various benign tumors or it is difficult to determine the nature of the tumor.

   No thorough treatment of thyroid tumor, thymoma, bronchial cyst, mediastinal tumor, tumor compression effect goes on organ, respiratory and circulatory function.

   Serious sequelae and seizures, hemiplegia, paraplegia, gastric fistula, fistula etc..

   Twenty-five, the injury caused by binocular bright or near blindness (of binocular vision are meters index). The inner ear injury, disease caused by imbalance, the treatment can not restore.

   Twenty-six, the jaw injury, disease after treatment with slurred speech, serious masticatory obstacle, both existence.

    Twenty-seven, the specialist control mechanism (province, city occupation disease prevention Institute) identified two or three silicosis, coal silicosis, asbestosis; all kinds of lung disease and other occupation disease treatment of occupation after the poisoning, left limb paralysis, epilepsy, dementia, aphasia, blindness, mental disease, occupation of radiation disease the main organ of serious injury.

   Occupation poisoning, refers to the production conditions, a kind of occupation disease contact poison caused by industry and agriculture.

   Twenty-eight, with two ($two) of these diseases, one condition must be close to the extent of the disease.

   Twenty-nine, the HIV positive person.

   Thirty, other medical treatment of disease.

Any serious illness, disability of injury, there are subjects of this standard, there are some infectious diseases, there are also some occupation damage etc.. This file is published, in most of the forensic medical parole is operated according to the standard, but this is a list of terms, could not all diseases and disability are very full, according to the judicial practice, the identification process can also be on identification, but the general principle is identified by analogy the identification is based on the provisions of the documents.

Although this standard has been used for more than 20 years, not much change in medical science, the overall is still in line with the current judicial expertise in the use of. The suspect, the defendant if suffering from these disabilities or diseases, can also be identified by this standard, through the identification results to decide whether to probation or compulsory measures change etc..

The release of "parole execution measures", in a notice issued, judicial organs at all levels should perform requirements,

   Any a good law, regulations are not always the same, must follow the development of society, political situation and economic system reform and perfect constantly revised. China's new criminal law has been implemented for many years, the new criminal law will be implemented, these two laws on parole, probation and coercive measures and introduced new regulations, so the "parole" in the way some provisions have conflict with the relevant provisions of the criminal procedure law. In some departments, suggest that the formulation of the regulations as soon as possible to make amendments, make it more perfect.

   The Department of justice, the Supreme People's Procuratorate, the Ministry of Public Security jointly issued the "medical parole method" is introduced as follows, that conflict with the criminal procedure law place according to the Criminal Procedure Law shall prevail.

"Medical parole way":

   The Ministry of justice, the Supreme People's Procuratorate, the Ministry of Public Security Department issued (1990) No. 247 document

   Article 1 in order to strengthen and improve the criminal's medical treatment management, according to the "Regulations" labor reform of the people's Republic of China, these measures are formulated.

   Article second sentenced to life imprisonment, or criminal detention in prison, one of the following circumstances during the transformation, may be granted medical parole:

   (1) suffering from serious illness, short-term risk of death.

   (2) the original life imprisonment and the death penalty was suspended for two years reduced to life imprisonment, life imprisonment sentence from the execution has more than seven years, or sentence in Prison Criminals executed (the original term has commutation, commutation of sentence according to calculation) more than 1/3 (including commutation time), patients with severe chronic diseases, long-term cure is invalid. But if the deterioration in danger of death, the transformation of the performance good, can not subject to the time limit.

   (2) physical disability, life to oneself.

   (4) the old and sick, has lost its harm to society possible.

   Article third the following criminals not released for medical treatment:

(1) was sentenced to two year stay of execution of the criminals in execution period;

   (2) serious crimes, anger big;

   (3) to escape punishment of self self - mutilation in the prison.

   Article fourth for recidivist, recidivist, counter revolutionary crime for medical treatment, strict control, medical treatment for juvenile delinquents, Lao make, female medical, appropriate to relax.

   Fifth of the need for medical treatment of criminals, by the place the prison, the labor camp, camp squadron team meeting discussed and approved, the newspaper unit prison, discussed and invite in reform through labour Institutions of the Procuratorate (Group) staff attendance, preliminary approval, for disability identification. (editor's note: the hospital designated by a people's government at the provincial level appraisal)

   And the identification of sixth medical treatment by prison labor camp, camp hospital, fight, no hospital, can send a Labour Bureau central hospital or above the county level hospital inspection identification nearby. Identification of the conclusions should be signed by the president of the hospital business, official seal, and a single laboratory, photos and other relevant records.

   Article seventh in accordance with provisions of article second of criminal, prisons, juvenile team, should fill out the "parole" advice book for the family members of the criminal location of the public security organs, and contact with family members, for bail formalities.

   The guarantor shall have the ability to bundle and education on medical parole criminals, and has a certain economic conditions. The public security organs shall be responsible for the qualification review. The guarantor and the insured should be in the "parole" recognizance book shall affix their signatures or seals.

   Eighth of the need for medical treatment by criminals, prisons, juvenile team, fill out the "parole approval form", together with "parole", ask for advice about disability identification and the local public security organs, the provincial, autonomous region, municipality directly under the Central Government Labor Bureau for examination and approval. At the same time, the agency responsible for the copy to the task. Labor Bureau approved medical parole, parole should be "approval form" in three copies to be submitted for examination and approval units.

   Ninth of the approved medical parole criminals, prisons, juvenile team, shall go through the procedures for "prison, parole certificate", and the criminals are law-abiding and accept the supervision of the public security organs of education, at the same time, should will "parole approval form", "medical parole prisoners out of the prison the appraisal table", the people's court judgment or copies of transcripts, served the family members of the criminal is located in the county public security organs and the people's procuratorate.

   Article tenth released on medical parole criminals by the guarantor who brought back to the local public security organs. The medical parole criminals is not within the specified time, the public security organ shall promptly notify the prison, the labor camp, camp, the reform through labour institutions responsible for.

   Eleventh Home Furnishing provinces, autonomous region, municipality directly under the central government, the criminals to return to their hometowns for medical treatment, prisons, juvenile team, it should be transferred to the former residence of archival material labor bureau, juvenile prison management nearby prisons, team designated by the labor bureau.

   Article twelfth in accordance with this approach to article second (a), (two) the circumstances stipulated in criminal, regular medical parole system. On the basis of the criminal condition, can a decision of approval for medical treatment time of six months to one year. Before the expiration of the term, prisons, juvenile team, shall send the police investigation or sent a survey. The medical parole criminals basic condition improves, performed by the prison, prison labor camp, camp; the hospital at or above the county level that has not improved, by the prison labor camp, camp, put forward opinions, approved by the provincial, autonomous region, municipality directly under the Central Government Labor Bureau, for the extension of medical parole period procedures, each time can be extended for six months to one year.

   Decision and committed to prison or extension of medical treatment time, the prison; labor camps, juvenile shall promptly notify the local public security organ and the people's procuratorate.

   Article thirteenth parole period of life and medical costs, which have the obligation of the family burden; the individual is difficult, by the local public security organs, prisons, juvenile team, could be appropriate to grant. Who is disabled due to accidental disability or medical treatment outside the prison, criminals, by the labor camps, camp for treatment, can also be given regular or one-off subsidy.

   Article fourteenth released on medical parole criminals, by the local public security organs shall be responsible for the daily supervision and inspection, labor authorities should send officers or sent a comprehensive investigation, understanding the criminal condition and performance, processing according to the situation. Sent police investigation, shall be responsible for supervision and inspection of public security organs and meet with the offender, released; sent investigation, public security organs shall be responsible for supervision and investigation shall reply in a timely manner.

   The criminals on medical parole, died during the migration address or re crime, the local public security organ shall timely inform the responsible for the management of prisons, team, juvenile; of true repentance or rendered meritorious service, shall be responsible for the management of the prison, the labor camps, prisons, the juvenile, juvenile team, can make suggestions to the people of commutation the court.

   Article fifteenth parole period term expires, prisons, juvenile team, should be scheduled for release procedure.

   Article sixteenth parole period in prison, but take illegal means to cheat on medical parole, verified except.

   The medical parole execution is not included in the term of criminals period did not approved by the public security organs to go out.

   Article seventeenth released on medical parole criminals in any of the following circumstances, be committed to prison:

   (1) re crime;

   (2) by illegal means for medical treatment;

   (3) after treatment, disease or condition of basic.

   Article eighteenth in accordance with the provisions of the criminal by the public security organ in custody in the need for medical treatment, with reference to the present measures.

This the nineteenth method is effective as of the date of promulgation.

 

It is relatively easy for pregnant determined, is the most easy to tell science, say the evidence, so for pregnant women to check and confirm. In the judicial practice more controversial is the minor pregnant women to identify problems, this situation occurs in the female victims. Comparison of commonly used examination methods are as follows:

A, menstrual and reproductive history

Women are the examiner should ask menstruation, including age at menarche, menstruation, menstrual cycle and the last menstruation or amenorrhea age time. Record the following:

Menstrual period (days)

Age of menarche -- -- -- the last menstrual period of time (or amenorrhea time)

The menstrual cycle (days)

For married women, should ask the number of pregnancy and delivery times, each time the production situation, there is no abortion, premature birth, stillbirth, production operation, puerperal fever and the use of birth control measures.

 

Two, female sexual development in check

Female puberty generally 1~2 years earlier than male, puberty is the girl from childhood to maturity stage of transition state. In this process, and significant growth, reproductive organs and secondary sex characteristics further development, and the emergence of the phenomenon of fertility. Sexual development in 10~12 years, 17~23 years old mature. The highest growth rate earlier than men, in early adolescence.

Female children in puberty, sexual function regulating hormone gradually changed, regulate the function of neuroendocrine also develops gradually, gradually increase the amount of hormone secretion of hypothalamus, pituitary and ovary, sexual organs is also growing, development. In reproductive organs, performance for the labia minora plump mast; vaginal deep, its surface cells thickened; especially the uterine body growth significantly. Ovarian follicles affected pituitary gonadotropin and gradually development and sex hormone secretion, breast gland duct and gland hyperplasia make breast enlargement, body fat deposition is feminine body, pubic hair and armpit hair growth.

(a) development

1, the development of the reproductive organs. Mature woman, the outer genital and vaginal developed into adult type, labia majora hypertrophy, fat, and cover the labia minora labia, clitoris is thin, well developed; vaginal size have coital condition. In general, girl under the age of 14, has not yet been developed to this extent, still can not adapt and a man have sexual intercourse. So the criminal law of our country stipulates: and under 14 years old girl had a sexual act, regardless of the girls agree with rape, shall be given a heavier punishment.

Before sexual maturity, vaginal epithelial thin, Yin Dan content without animal starch and vaginal bacteria, pH neutral; mature epithelial thicker, vagina with animal starch and a small amount of vaginal bacillus, because the two chemical changes in the vaginal contents of acidic (PH4.5) reaction.

The development of uterus: infant uterine body and cervix ratio is a ratio of two; sexual maturity is one; maternal adult has a ratio of two to one, the length of about 7~9cm, width 5~6cm, thickness of 3~4cm, not the maternal uterine smaller.

The ovarian development: immature ovarian small; sexual maturity becomes large and oval, about the size of 3.5 * 2.5 * 1.5cm, smooth surface, a small amount of transparent follicular. With the formation of scar and ovulation is rugged, if the bundle of follicular volume increases, located at the surface, and the surface uplift, indicating the mature follicle has formed, which is one of the characteristics of sexual maturity.

The fallopian tube development: with the mature, fallopian tube from thin and bent state development becomes thick and straight state. At the same time the fallopian tube umbrella also obvious elongation.

2, the development of secondary sexual characteristics. The emergence of the secondary sex characteristics is an important sign of maturity. In the role of sex hormones, breast and internal and external genital organs mature adipose tissue distribution, also gradually display feminine body. The development of secondary sex characteristics gradually obvious, such as voice pitch high, breast swelling is hemispherical, nipple increase, pigmentation, monsveneris subcutaneous fat and slightly uplift processes and size labium, pigmentation, pubic hair and armpit hair growth, chest and buttocks of the subcutaneous fat, the formation of female body; pelvic variable wide.

3, fertility and pregnancy ability. One of the fertilization ability is an important sign of maturity. General according to the presence or absence of menstruation, ovulation to judge whether. Menarche is in 13~15 year old. Menstruation, ovarian function is not yet mature, part of the menstrual cycle is only anovulatory. To ovarian function mature, menstrual cycle completely stable, and the periodic ovulation, fertilization and pregnancy has the ability of ability.

4, delivery capacity. The delivery capacity is also an important mark that can reflect the mature, depends on the size of the pelvis. Generally 16~17 year old female pelvis has been developed to fit the degree of fetus. Mature woman pelvic dimensions see content development behind the examination.

Effect of mature time can be affected by genetic factors, nutritional status, metabolic status, the body's own social environment and geographical environment factors. Sexual maturity from rape could lead to pregnancy, sexually immature who raped after from physical and mental damage and affect the normal growth and development. So the provisions of the criminal law of China should be based on the rape of having sexual intercourse with a minor, he shall be given a heavier punishment.

Also some female sexual maturation time significantly in advance or delay, called the precocious puberty or developmental delays. Precocious puberty or retardation sometimes qualitative for sexual crimes, such as under the age of fourteen young girls, because of sexual precocity, claiming to have been 17 years old and a young men fall in love, sex. The young man did not know the actual age of the young girl, this situation can not to rape crime. On the other hand, knowing that if the women under 14 years of age, even if the young female attains full maturity, sexual behavior, also constitute the crime of rape (carnal knowledge of a child or young young girl crime). If a 17 year old female voluntary sexual intercourse, even if the female is not mature, nor does it constitute the crime of rape, so the decision mature is important.

Is generally believed that the girl under the age of 9, if the development of secondary sexual characteristics improved, such as breast swelling, genitals, pubic and armpit hair growth is good, body length increased rapidly, weight gain, subcutaneous fat, menstrual cramps, which belongs to the precocious puberty. Precocious puberty and precocious puberty and precocious puberty in two class. True sexual precocity and normal sexual maturation, ovulatory menstrual, have fertility and pregnancy ability. If rape, have pregnant possibility, precocious puberty only secondary sexual characteristics has been developed, ovarian have not mature, so for anovulatory menstrual cycle, does not have the ability to conceive. Delayed development: to adolescent age limit is asexual development, 17 years later of development is called delayed puberty. At the age of 19 sexual maturity, sexual organs still agenesis or hypoplasia, secondary sexual characteristics absent or defective called sexual infantilism. Women's sexual retardation can be divided into physiological and pathological characteristics of retardation retardation two. The former refers to the development of secondary sexual characteristics, but does not have the menstruation. The latter refers to no menstruation, secondary sex characteristic is not development.

 

Three, pregnancy check

(a) to determine the early pregnancy

According to the following performance diagnosis of early pregnancy.

1, pregnancy signs

The menopause. The normal menstrual cycle of child-bearing age in healthy women, once menstruation expired more than 10 days, should be suspected of pregnancy. If the menopause has reached 8 weeks of pregnancy, the greater possibility. Menopause is often a sign of married women in pregnancy the earliest and most, but due to ovarian insufficiency or due to ovarian lesions and other endocrine dysfunction caused amenorrhea.

The early pregnancy reaction. About half of all pregnant women in menopause 6 weeks appear dizziness, fatigue, lethargy, loss of appetite, nausea and vomiting and so early in the morning, called the pregnancy reaction. About at about 12 weeks of pregnancy, the pregnancy reaction disappear.

The frequency of micturition. The early stages of pregnancy, anterior uterine enlargement in pelvic oppression bladder, urinary frequency. After 12 week pregnancy, uterine body into the peritoneal cavity will no longer oppress bladder, urinary frequency disappear.

The breast changes. Starting at 8 weeks of gestation, increases the breast, breast mild pain and sore nipples. Color depth around the nipple areola appear larger, the value of early maternal diagnosis.

The reproductive organ change. 6~8 gestational weeks, the vaginal wall and cervix hyperaemia, purple blue, as evidence of pregnancy. With the progress of pregnancy, the uterus increases become soft, at the beginning of uterine anteroposterior diameter becomes wide and full, 5~6 weeks pregnant uterine body is spherical, 2 times at 8 weeks of gestation uterine body approximately equivalent to the non pregnant uterus, 3 times at 12 weeks of gestation uterine body approximately equivalent to the non pregnant uterus, uterine bottom beyond the pelvic cavity when, can touch in above the pubic symphysis.

The other signs. Such as skin pigmentation, skin of abdomen striae of pregnancy, pregnancy spots visible.

2, auxiliary examination

The ultrasonic inspection. B type ultrasonic examination can see the round gestational ring from the amniotic sac in the enlarged uterus contour, middle pregnancy ring for liquid dark area (Yang Shui), the earliest at 5 weeks of gestation, gestational ring to see the rhythm of the fetal heart beat and fetal movement, can be diagnosed in early pregnancy.

The pregnancy test. Now using enzyme immunoassay detection of pregnant women are human chorionic gonadotropin (HCG), this method requires simple equipment and low cost, reagent storage for long time, simple operation, fast.

The progesterone test. Use of progesterone in vivo suddenly subsided by principle of uterine bleeding in the past, the normal menstrual cycle, the menstruation expired suspected pregnancy women, daily intramuscular injection of progesterone 20 mg, QD for 3~5 days, 3~7 days if the vagina bleeding after discontinuation of, can rule out pregnancy, if the withdrawal of more than 7 days without vagina bleeding in early pregnancy, is a great possibility.

The cervical mucus examination. If the cervical mucus less quality thick, smear microscopic examination after drying only aligned ellipsoid, not see the fern leaf crystallization, should be considered for early pregnancy.

(two) determine, in late pregnancy

To the late pregnancy, even if there is no specialized knowledge, and usually can be identified.

1, pregnancy signs

The uterine enlargement. The normal uterine body such as egg size, shape, such as the "inverted pear". 1 months of pregnancy, close to normal; 2 months of pregnancy, oval, oval; 3 months of pregnancy, hand fist, spherical; 4 months of pregnancy, fetal head; 5 months of pregnancy, adult head. More months, on the abdomen is very easy to touch.

The fetal movement. At 18~20 weeks pregnant women can self-conscious quickening, 3~5 times per hour.

The fetal heart sound. At 18~20 weeks of gestation with general receiver auscultation, in the maternal abdominal wall can be heard on the fetal heart sound, 120~160 times per minute.

The carcass. Pregnant for 20 weeks later, can touch the body contour in the uterus of pregnant women in the abdominal wall, after 24 weeks of gestation, palpation can be divided into head, back, buttocks and fetal gestational fetal limb.

2, auxiliary examination

The ultrasonic inspection. Can display fetal position, number, there is no fetal heart beat and placental location.

The fetal ecg. General in pregnant 12 week hind can display graphics ECG regular.

(three) the fertilization time judgment

Fertilization time is time of pregnancy, the pregnancy cases caused by rape is rape time, if can accurately determine the fertilization time for the analysis of rape suspect whether has the time of crime is very important. But due to the normal human pregnancy length, to accurately determine the fertilization time are often very difficult, therefore, fertilization time can only be inferred is a general term.

The judgment of 1, according to the duration of amenorrhea. In women with normal menstrual cycles, once menstruation expired for more than 10 days is the future tide, the first consideration should be to be pregnant, pregnancy and menopause is the earliest and most main performance, therefore, can determine the fertilization time according to the duration of amenorrhea, normal ovulation time in menstrual period, namely the 14~16 days after menstruation begins around (namely next time before menstruation 14 days or so). The general opinion of the best fertilization of the egg 15~18 hours, 24 hours can also be fertilized, and shoots female vaginal sperm fertilizing capacity can also maintain about 20 hours (although individual reports of sperm in the female reproductive tract survived for 1~2 weeks, but may not be able to keep the fertilization ability). Therefore, in the period after the start of the day 13~17 coitus has pregnant possibility. And the menstruation and people, because there may be changes, calculated the time of pregnancy may have a certain error. There have been reports in the menstrual period or menstruation just after sex and pregnancy case, should be noted.

2, according to the gestational duration judgment. People usually call October be pregnant, in fact is not a 10 full term, but that time of pregnancy for 10 menstrual cycles, because women's menstrual cycle is 28 days, so pregnant time is generally 280 days or so, due in the most obstetrics is based on last menstrual period of the day, with its month minus 3 or plus 9, plus 7 date, so calculated during pregnancy in 281 days. So the general can according to delivery time in turn from time to time of fertilization, birth month plus 3 or minus 9 minus 7, date of last menstrual period, as the starting date, this date plus 13~17 days as a possible cause of pregnant coital time. For example, a woman in the November 8th term delivery, projection of their last menstrual period starting time for the February 1st, then lead to possible sexual time this tire is in February 14~18 day. However, as each woman menstruation has long have short, pregnancy period also has some differences, in general, a week ahead of time or date more than a week is also normal, from the first day of the last menstrual period is less than 259 days is called premature birth, more than 294 days were known as prolonged pregnancy. But others think the pregnancy period of mature fetal 250~306 days.

The judgment of 3, according to the size of uterus. The normal uterine body such as egg size, shape such as the "inverted pear", bimanual examination of uterine size was 1 months pregnant when close to normal, 2 months have oval, oval shaped, large, hand fist 3 months were spherical, big head 4 months, in 5 adult head month. It may also be judged according to the table below.

      Uterine height and the length in different weeks of pregnancy       

Gestational weeks     Hand measuring uterine height     Suprapubic uterine length measurement

 Twelfth weeks The symphysis pubis 2~3 finger               

 Sixteenth weeks        Between umbilical shame                  

 Twentieth weeks       Below hilum 1 cross refers to   18 (15.3~21.4) cm

 Twenty-fourth weeks       Umbilical 2 horizontal   24 (22~25.1) cm

 Twenty-eighth weeks       Umbilical 3 horizontal   26 (22.4~29.0) cm

 Thirty-second weeks    Between the umbilicus and xiphoid    29 (25.3~32.0) cm

 Thirty-sixth weeks     Subxiphoid 2 cross refers to   32 (29.8~34.5) cm

  Article40Week  Between the umbilicus and xiphoid or slightly higher   33 (30.0~35.3) cm

The judgment of 4, according to the development of the fetus. Clinical calculation date in pregnancy for 280 days as the basis, but in fact of human from fertilization to birth, in the uterus after about 266 days, according to the development of the fetus, can determine the gestational age, namely the fertilization time. Calculation of gestational age standard has two kinds: one is the menstrual age, calculated from the first day of the last menstrual period, to a total of 40 weeks after delivery of fetus. Two is the fertilization age, from fertilization date, general calculating fertilization age is from minus 2 weeks menstrual age. Generally with the fertilization age to calculate the embryonic age.

 Examination of above also apply to the victim, especially young girls and mental hypoplasia of the people.

 On the determination of the prisoners, the suspect, the defendant is feeding her own baby, is confirmed by forensic evidence of paternity.

 

The seventy-second people's court, the people's procuratorates and the public security organs to meet the conditions of arrest, in any of the following circumstances of criminal suspects, defendants, to residential surveillance:
(a) with a serious disease, the life cannot provide for oneself;
(two) pregnant or breast-feeding her baby;
(three) the only supporter, life can not take care of the people;
(four) because of the need for the special circumstances of the case or the handling of cases, take measures are more suitable for residential surveillance;
(five) detention period expires, the case has not yet completed, need to residential surveillance measures.
To meet the bail conditions, but the suspect, the defendant cannot provide a guarantor, do not pay the deposit, to residential surveillance.
Residential surveillance shall be executed by a public security organ.
  Interpretation.

How to determine is breast-feeding her own baby, can be identified by the following aspects. For the determination of breast-feeding their babies easier, but through the DNA to identify the judicial authentication institutions base still has certain limits, medical machine to specify some of the provincial people's government has not carried out the test, in the traditional medical examination to determine the situation is not too difficult, if the examination can not determine the lactation the baby is women's own, then do DMA inspection is not late.

One, first of all to the delivery inspection:

Identification of whether women childbirth, detailed knowledge of the pregnancy after childbirth, production process, and the examination of postpartum puerperal signs signs, i.e.. Postpartum more bed rest, accept puerperium care, but some women such as rural women, often in the postpartum soon get out of bed, had to hide, like getting out of bed early puerperium, deliberately pretend not produce attitude. There are a few women claimed to not feel Mian production occurs, it may be lying fast asleep, or due to stroke, eclampsia, hysteria, syncope or sudden coma, or due to intoxication, hypnosis or anesthesia, was unconscious Mian production process, especially by women may happen.

1, identify the delivery: determine whether the birth of a (forward or recent) can be made by check. Mainly according to the signs of childbirth postpartum puerperium, which features (see childbirth or suspend relevant content change of women's body after pregnancy) to judge.

2, identification of delivery time: delivery time judgment, mainly according to infer the puerperium involution phenomenon. A bloody lochia: within 3 days after delivery (lochia rubra), 4~7 daily for serous (pink), about 2 weeks after the white lochia, 4~6 weeks. If the poor involution of uterus, uterine cavity, or residual placenta fetal membranes, or combined infection, lochia volume increase, duration and smelly. Birth: birth, often cause perineal vaginal wall or uterine laceration wound healing, according to the law to predict the delivery time.

Determine the delivery time after childbirth, in 3 weeks, but after making. Time is longer person are hard to be based only on the examination made, and according to the survey, analysis to determine.

 

Two, nursing examination

Lactation is determined to determine whether breast-feeding, and lactation time.

1, determine whether in the lactation: mainly determined according to the phenomenon of lactation, under normal circumstances, can be second days postpartum women in extrusion colostrum. Endocrine and neural mechanism of lactation is complicated, progesterone, estrogen, placental lactogen, prolactin, and breast growth and lactation function. After delivery of the placenta, progesterone and estrogen levels decline rapidly, release hormone suppression of lactation, pregnancy and secretion juice. Then the secretion of milk depends very much on the suckling stimulus. Every newborn sucking milk can stimulate prolactin secretion.

2, determine the duration of lactation: mainly to infer according to changes in composition of milk. The composition of human milk may be due to postpartum period and there are great differences. From birth to postpartum 12 days of the milk for milk, 13~30 for the transition period of 2~9 months of milk, milk for late milk. Colostrum less fat, more protein (mostly globulin). The content is more immunoglobulin IgA and lactoferrin, there are IgM, IgG and complement C3, C4 etc.. Maintain a high level of serum immunoglobulin IgA, lactoferrin and lysozyme in colostrum and later the emulsion, but IgM, IgG and complement C3, C4 decreased more quickly. The concentration of IgA in emulsion than serum concentration.

Transitional milk and evening milk immunoglobulin and complement components decreased gradually, while the fat content is relatively higher.

Three, the life cannot provide for oneself

 "The life cannot provide for oneself" this clause, this one is more difficult to define, the provisions of this article shall have the elements of law, there are elements of medicine, the terms elastic greatly in the course of execution, if not grasp the will shall not execution outside prison to go, if you know too Yan, there may be a real life can not take care of the prisoners, criminal suspects, defendants continued detention adverse consequences. If what judgment elements of the life cannot provide for oneself can have several the following conditions:

Nursing dependency classification

Including the ability of daily life: A. sits; B. standing; C. walking; D. E. wash dress; cough; F. eating meal size; g.; H. writing.

The ability of daily life is the basic activity of people life sustaining activities, can achieve a count as 1 points, according to the degree of completion is divided into four levels.

 

Level	The degree of	Performance	Score
Class A	Totally dependent on care	The above activities even with appropriate equipment or help others cannot do, all the functions required by the others do	0~2
Level two	Most of the care dependency	The activities of most need others to help to complete	3~4
Level three	Dependent care	The movable part need others to help to complete	5~6
Level Four	Self care	Some difficulties to complete the activity, but not others, language and physical help, can take care of themselves	7~8

The above those who reach level three or above, or to reach 6 points or more appropriate execution outside prison (including three).

 

Ninety-ninth the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action. The victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action.
If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action.
   Interpretation.

In this clause only carries on the explanation to the "lost capacity.". Act in law are used in civil, criminal generally "the ability to recognize or control their own behavior".

"The behavior is interpreted Chinese judicial dictionary" Jiang Ping, Jilin people's publishing house, Ninth:

The ability or capacity refers to the qualification of subject of legal relationship can through their own behavior actually obtained the rights and obligations. The ability of certain rights is the premise of certain behavior ability. But with the right skills but not necessarily with capability. Citizens are incapacitated, depends on its ability to realize the consequences of their actions. Therefore, whether citizens reached a certain age, sanity, you become a symbol of civic incapacity. Infant, idiots, severe neuropathy patients, although the law gives them the right ability, but can't give them with capacity, some of their rights and obligations, to their guardians to exercise and perform. Problem behavior ability of citizens, is to be provided by law. Many countries in the world, usually their citizens into the capable person, limiting the ability of people and incapacitated person. Due to the nature of the behavior ability is different, the legal age to have full capacity citizens tend to make different provisions. The legal age of our country citizen has the political capacity is 18 years; the legal age for criminal behavior ability is 16 years old (except for some serious damage to social order crime); the legal age of civil behavior ability is 18 years old, also with their labor income as the main source of living is 16 years old the above does not full citizens 18 years of age; the legal age for marriage behavior ability is 22 years old male, female 20 years old. Limit the capacity of citizens is the behavior that the ability is limited, only with some ability of people. Limit the capacity of only refers to the civil and criminal behavior ability, as for other behavioral ability (such as politics, marriage behavior ability), citizen or has completely, or simply do not have the limitation, does not exist. Our general principles of the civil law: mental patients 10 to 18 years old minors and can not identify their behavior is a person with limited capacity for civil conduct. The criminal law of our country has reached the age of 14 but not the age 16 years old citizens as limited capacity that has the legal responsibility ability incomplete person. This age citizens, only the murderer, serious injury, robbery, arson, who commits a crime or other serious damage to social order, crime, criminal liability. Incapacitated person refers not to their own behavior of the actual enjoyment of the rights and obligations of the people. China's general principles of civil law will not full 10 years old minors, mentally ill patients can not recognize his own conduct, as incapacitated person. The criminal law of our country under the age of 14, is unable to recognize or not control their own behavior of mental patients, as incapacitated person. In the marriage law, not cure leprosy or other medical illness that should not be married person without capacity, not married. The capacity and civil legal capacity of different. Have full capacity or incapacity of citizens, legal persons without full civil capacity or incapacity. Capacity of corporation legal person according to law by the constraints of the business scope approved, only has a limited capacity. As long as the legal person, legal person limited capacity exists, if the person has no capacity to act, that means the person has been revoked according to law. Legal person's right ability and capacity is produced simultaneously and at the same time loss, namely Corporation was established in accordance with the law, it also have the capacity for rights and capacity, revocation legal person according to law, and its legal capacity and loss.

The relevant provisions of the general principles of the civil law in one:

   The general principles of the civil law thirteenth stipulation: "the mental patient is unable to recognize his own conduct a person without capacity for civil conduct, by his legal agent of the civil war.

   The mental patient can not identify their behavior is a person with limited capacity for civil conduct, may conduct civil activities appropriate to his mental health; in other civil activities by his legal agent, or obtain the consent of his legal representative."

   For his actions cannot recognize as having no capacity for civil conduct. This is totally illegible means no judgment on the behavior and the things around her, but not for self protection ability.

   The mental patient can not identify their behavior is a person with limited civil capacity, refers to this kind of mental patients to their own behavior, things, events and other civil activities cannot be fully understood, some relatively simple can participate in the.

   Article fourteenth: "without person of civil action competence, person with limited capacity for civil conduct guardian is his statutory agent."

   For a person without capacity for civil conduct or a person with limited capacity for civil conduct guardian is held by who, Is it right? What people can hold, not what people related to do good, care volunteering for mental patients can? For this question, please see the provisions of article seventeenth:

   "The mental patient without civil capacity or with limited capacity for civil conduct, by the following person:

   1, spouse;

   2, parents;

   3, the adult children;

   4, other close relatives;

   5, close other relatives, friends willing to bear the responsibility of guardianship, the units of mental patients belongs or the local residents' committee, villagers' committee agreed.

   In case of a dispute over guardianship, specified by the unit to which the mentally ill or domicile residents' committee, villagers' committee in the near relatives. To specify any objections to a lawsuit, the people's court ruling by.

   No provision of a guardian, by the mental patient unit or domicile residents' committee, villagers' committee or the civil affairs department shall act as his guardian."

   The mental patient incapacitated, or limit the capacity of mental patients, according to the legal provisions shall be designated guardian, activities that civil acts should be guardian of civil activities, mental patients without capacity to handle are null and void.

   A mental patient behavior ability must undergo a psychiatric evaluation to determine whether he is suffering from mental illness, to what nature had mental illness, severity, can identify and control their own behavior, or designated guardian etc..

   For the identification of mental patients civil behavior ability, the original has been the local national psychiatric appraisal committee to complete. Some are qualified to psychiatric hospitals, psychiatric research center, Institute of appraisal agencies.

   The 1997 Criminal Law Article 120th stipulated in the revised since, for identification of mental patients civil capacity is also a bit of a mess, no matter what the nature of identification, criminal or civil, all the people's government at the provincial level to the designated hospital for identification. This is a bit too much, the rules of the criminal procedure is applicable to all criminal cases, it only on the criminal proceedings to adjust the role of civil proceedings, no adjustment function. Therefore, identification of all mental patients civil capacity, not what will be provided to the designated by the people's government at the provincial level hospital, criminal procedural law has no ability to adjust to the civil cases.

   Before the right mental patients civil cases to make all kinds of identification, still can do, psychiatric medicine identification book to still have the force of law. However, psychiatric hospital medical identification of the provincial people's government designated, also have a mental patient behavior ability appraisal qualification in civil cases. Just have this qualification, judicial organs and other departments are hired as a judicial authority and judicial authenticators, that is the problem, right to entrust the authority not mandatory, voluntary only, the key is the identification of institutions entrusted with no identification of qualification.

   Rule nineteenth: "mental patients interested people, may apply to the people's court for a declaration that the mental patient is a person without civil capacity or a person with limited capacity for civil conduct.

   By the people's court to be without civil capacity or a person with limited capacity for civil conduct of man, according to his health condition, upon his own application or that of an interested person, the people's court may declare him to be a person with limited capacity for civil conduct or a person with full capacity for civil conduct."

   The mental patient has no capacity for civil conduct is not a mental patient oneself said to calculate the problem, said even number problem is not relatives of mental patients, must by the people's court declared to be effective, only recognized by law have legal effect. That the mental patient is without civil capacity or with limited capacity for civil conduct of the court, not what the court announced that are effective, but must by the mental patients account for the location of the court to declare.

   The local court before announcing the mental patients belongs to a person with no civil capacity or with limited capacity for civil conduct, must have the right (qualified) accepted psychiatric medical expertise agencies entrusted, and identified by psychiatrists, identification of written proof of documents, the signature or seal in the identification of opinion.

   Why are people interested mental patients to request the court to declare the mental patient without person of civil action competence? This problem is mainly considered from the civil issues. Because the mental patient due to the loss of all or part of the capacity for civil conduct, and can not correctly handle their work, life matters, cannot keep their property, not all social activities. This is required by the court in the form of law to declare him as having no capacity for civil acts, and must be designated guardian. All the guardians have the right to the protection of the person without capacity property, responsible for personal care, the right agent by guardian exercise of civil rights.

   If the spirit after the treatment of patients with mental status returned to normal after treatment, the hospital for mental patients to assess write comments, and the judicial authentication institutions specialized appraisal qualification written expert opinion or the appraisal conclusion, identification of the signature or seal of the person. I, spouses, relatives or its original application declared as person of no capacity for civil conduct of the parties, may apply to the local people's court for a declaration of the lifting of persons of no capacity for civil conduct, which is declared by guardian to full capacity.

   The court for announcement is a guardian for a person with full capacity for civil conduct, I, spouses, relatives or its original application declared as person of no capacity for civil conduct did not provide relevant psychiatric healing documents, the court also can hire qualified psychiatric medical experts in identification, experts believe that the guardian is completely normal, have full capacity for civil conduct, and issue the psychiatry appraisal, the court according to the appraisal conclusion, combined with the other evidence, finally announced.

   The general principles of the civil law 133rd stipulation: "no one, with limited capacity for civil conduct causes damages to others, his guardian shall bear civil liability. The guardian as the duty of guardianship, his civil liability may be appropriately reduced.

   Property, no person with limited capacity for civil conduct causes damages to others, compensation shall be paid from his property. Part of the problem, his guardian shall make appropriate compensation, except the guardian is a unit."

   In this article the obligations and rights of guardian. Rights and obligations are equal, the obligation to have the right, the guardian has the power management is the guardian of the property, the guardian is the exercise of all civil activities. But when the guardian is caused damage to property of others, personal injury, also have the obligation of compensation.

This article pointed out: "the guardian as the duty of guardianship, his civil liability may be appropriately reduced." The guardian is a thing, how to determine whether the guardian as the responsibility of guardianship, because this problem relates to the civil liability of guardians. The guardian is harm others after the accident, should be the relevant survey guardian, such as physical condition, mental status, and the guardian is usually between contact is close, damage occurs when the accident situation.

   The civil code of civil capacity of conduct a is divided according to age, medical civil capacity is according to their behavior has no ability to recognize to points. According to the age difference is more easily by the people, civil spirit, dementia degree to points must have psychiatric experts to assist.

Two, the relevant provisions of the Civil Procedure Law of the:

Article 170th: "an application for ascertainment of a citizen without civil capacity or with limited capacity for civil conduct, by their close relatives or any other interested person at the basic people's court at the domicile of a citizen is proposed.

   The application shall clearly state the citizens without civil capacity or with limited capacity for civil conduct according to the facts and."

   Article 171st: "the people's court after the acceptance of the application, when necessary, to identify the requested as without civil capacity or with limited capacity for civil conduct of civil. The applicant has provided an evaluation conclusion, shall examine the identification conclusion."

   In applying for a mental patient without civil capacity or with limited capacity for civil conduct, the interested party, the respondent's close relatives, if there is no close relatives of the unit can be used as the applicant, regardless of their close relatives or any other interested person can provide some proof material, because it is a civil case, you can collect evidence and burden of proof of litigation. Psychiatry appraisal is a more important evidence, prior to the psychiatric medical expertise can only be the investigation organs, procuratorial organs, judicial organs and the judicial organs entrust Party can accept, never accept individuals entrusted appraisal institution. Make an appraisal conclusion in the appraisal organ, the appraisal conclusion never give identified people or their relatives, are generally to the authorized agencies, even to the identified people, is sealed by the identified people generation to the entrusting organ.

   In a word before involving legal problems of forensic psychiatric identification, all kinds of institutions entrusted to the organization or government department, do not accept personal identification.

   The provisions of article 171st of the civil procedure law, "the applicant has provided an evaluation conclusion, shall examine the identification conclusion." The law stipulates that the applicant can obtain the appraisal conclusion, the appraisal conclusion applicants get is legal, after the court can review approval to use evidence.

   This fact expert conclusions from the applicant, the appraisal committee, all levels of various psychiatric hospital, identification center, Research Institute and the designated hospital for as long as is the identification of identification, identification of eligible institutions, have a legal right to accept psychiatric expertise can handle personal commissioned the capacity for civil conduct.

   At present there are still identification difficult problem, not only psychiatry forensic identification difficult, but also other difficult, difficult identification department does not accept the individuals in a civil case identification. Identification of organ is still require that the judicial organs and commissioned, say repeatedly repeatedly to strict identification procedures, which only emphasize the entrustment formalities, no emphasis on strict law enforcement, in fact, is a kind of violations of the law. Specific provisions of the identification of departments at all levels shall earnestly study the law, to facilitate the masses, respect the rights of the people, as long as the law give a right of the people, we should let the people fully enjoy. The applicant is an identification of the power, they can get the conclusion of power, and then carefully think about it, the appraisal conclusion the applicant to provide their own, must be approved by the court after the review and approval can be classified as evidence, review does not comply with the objective situation, the appraisal conclusion is a blank sheet of paper. So finally decided to provide authentication conclusion right is still in the people's court.

   Article 172nd stipulates: "the people's Court of ascertainment of a citizen's incapacity or restricted capacity for civil action, should be a close relative of the citizen as an agent, but the applicant except. Close relatives mutually making excuses, the people's court shall appoint one of them as agent. The citizens of health permits, should also ask my opinion.

   The people's court finds that the application is based on facts, the verdict of the citizens of legal incapacity or restricted capacity for civil conduct; that the application is not based on facts, it shall reject the."

   Article 173rd stipulates: "the people's court according to the civil capacity or a person with his guardian without person of civil action competence, restricted to be identified, confirmed that the cause of the citizens without civil capacity or with limited capacity for civil conduct have been removed, it shall make a new judgment, revocation of the original sentence."