Abstract

Forensic assessment of capacity for criminal responsibility of offenders with drug-induced mental disorders is very complicated and challenging. The Guidelines for assessment of capacity for criminal responsibility of offenders with mental disorders (SF/Z JD0104002-2016) by the Ministry of Justice, PRC. was issued in order to standardize the assessment in this kind of cases. Both evidence and proof problems related to this regulation were discussed. Drawn on practice experience and judicial proof theory, the author argued that the principle of presumption of not-drug-induced mental disorder and the proof standard of beyond a reasonable doubt shall be followed in psychiatric assessment of this kind of cases. Comments on this regulation are made as well.

Keywords:Drug-induced mental disorder; Capacity for criminal responsibility; Forensic assessment; Evidence; Proof