Assessment of criminal responsibility for perpetrators of homicide: analysis of 105 cases / 法医学杂志

ABSTRACT

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?