عنوان انگلیسی مقاله:
Exploring criminal responsibility of PTSD patients; findings from a survey in Chinese Mainland courts
ترجمه فارسی عنوان مقاله:
بررسی مسئولیت کیفری بیماران مبتلا به PTSD؛ یافته های یک نظرسنجی در دادگاه های سرزمین اصلی چین
Sciencedirect - Elsevier - Annales medico-psychologiques, 178 (2020) 510-516. doi:10.1016/j.amp.2018.10.021
Li Xiao-fu a, Li Xiao-fan b,*,c
Background. – The Wenchuan Earthquake in Sichuan Province is China’s deadliest natural disaster in a
generation; after such disturbance, a kind of mental illness named post-traumatic stress disorder (PTSD, also
called delayed psychogenic reaction) raises concern in Mainland China, but probably not rapidly sufficient.
Different from that in the USA, earthquake is both the reason and focus of PTSD research in China.
Methods. – In order to find out the relationship between the PTSD defense and criminal responsibility in
Mainland China, the authors decided to use certain academic tools and analysis judicial decisions
(816 cases). The authors identified key information from government official websites.
Results. – Data demonstrated that research regarding PTSD increases considerably after the Wenchuan
earthquake in 2008. However, data also showed that Chinese courts are hesitant in accepting PTSD as a
mental defense for criminals, despite relevant existing rules. Some legal ambiguities, such as lack of
procedures or instructions for the connection between diagnosis and judgment, can be observed when
courts encounter criminals with PTSD.
Conclusions. – PTSD patients occur in all races, classes, religions, and nationalities and some would
unfortunately be criminals. This pattern reveals concern for the boundary between the reasonable use
and abuse of PTSD in view of medico-legal expertise practice. Expert testimony or opinion cannot replace
the judges’ decision. Chinese courts should learn from the American Bar Association and accept the
three-part analysis for forensic consideration of PTSD. Further details regarding the regulations for
resolving the criminal responsibility of PTSD patients should be obtained.
Keywords: Criminal Responsibility | Legal Identification | Mainland China | Post-traumatic Stress Disorder