105例凶杀案责任能力评定分析

目的探讨鉴定医生评定凶杀案例责任能力时的主要依据及影响因素。方法对总计105例凶杀案的精神病司法鉴定案例进行回顾性分析。结果无责任能力者41例(39.0%);限定责任能力者28例(26.7%);完全责任能力者36例(34.3%);与刑事责任能力的评定密切相关的因素有:凶杀行为是否由精神病理因素引起(Gamma=0.906,P=0.000),临床诊断是否为重性精神病(Gamma=0.761,P=0.000),被害人是否为家人亲属(Gamma=0.412,P=0.000)。结论从技术层面看,鉴定医生评价责任能力考虑的三个主要方面按重要性依次是:凶杀行为是否由精神病理因素引起,被鉴定人是否患有重性精神病,被害对象是否为家人亲属。

Assessment of criminal responsibility for perpetrators of homicide: analysis of 105 cases

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