篇名

有關被告精神鑑定之目的與方法的若干事項   免費試閱

並列篇名

Certain Matters about the Purpose and the Method of the Psychiatry Assessment for the Accused

作者
中文摘要

患有思覺失調症之被告始於2015年12月出現症狀,2016年4月與2018年3月均有發病並於2018年4月犯下殺人、妨害公務與非法攜帶刀械等諸罪而遭起訴。地方法院依鑑定報告,根據被告犯行前仍有求職、各地移動與短期工作等行為,因而判斷其犯行時幻覺、幻聽症狀已消退,而僅有不直接或顯著影響犯行之輕度症狀,是以謂其具完全責任能力。被告不服遂主張其鑑定乃有不正當質問方法,以及鑑定時已脫離思覺失調症之急性期,據之質疑鑑定結果。惟高等法院駁回其上訴,認為就鑑定訪問的實質內容並無誘導或違背被告己意之陳述,且鑑定非以治療為目的,於看守所進行亦無不可。又鑑定乃以被告犯行前之行為為根據,縱實施鑑定時被告已脫離思覺失調症之急性期,仍無礙於醫師判斷。

英文摘要

The accused suffering from the schizophrenia has symptoms since December 2015 and had morbidities in April 2016 and March 2018. In April 2018, he was accused because of committing murder, interfering with public affairs and bringing knives illegally. According to the assessment that the accused had looked for a job, moved around and had part-time jobs before the committing, the District Court judged that the symptoms the accused suffered from like hallucination as well as auditory hallucination had been recessed, so that he had the complete criminal responsibility even though suffering from light symptoms causing indirectly and inapparently the committing. The accused didn’t satisfied with the result of the assessment and questioned it by arguing over the unproper interrogation and the symptoms of the Schizophrenia had been recessed during the assessment. Nevertheless dismissed the High Court the appeal, believing that the interrogation during the assessment didn’t induce the accused to make the statement, nor against his own will. Not to be aimed at giving medical treatment, an assessment could also be held in a detention center. Furthermore depends the assessment on the behaviors of the accused before the committing. It should be available for the medical judgment that the accused had been out of the acute phase of the Schizophrenia during the assessment.

起訖頁

102-106

出版單位
DOI

10.3966/241553062020100048007  複製DOI  DOI查詢

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