精神障碍与刑事责任能力的判定

刑事责任能力应当是指行为当时的犯罪能力,即责任应答的能力,而并非刑罚适应能力.根据刑法立法史,我国刑法中的精神病概念应当作广义的理解,而在其判定中,应当明确法官判断的优越性,医学鉴定不能约束法官的判断.

Determination of the Criminal Capacity

The criminal capacity indicates the capacity to commit a crime when the act is done, that is the capacity of liability response but not the capacity of penalty adaptation. According to the history of criminal legislation, the concept of lunacy in the criminal code of China should be comprehended in broad sense. However, during the trial, the determination made by the judge should be of superiority, and should not be restricted by the medical authentication.