创伤后应激综合症在国内的适用问题――刑法角度.docVIP

创伤后应激综合症在国内的适用问题――刑法角度 　　摘要： 2008年赤峰中级人民法院审理了一起杀人案件。法官采纳了被告辩护律师提出马玉霞患有PTSD的意见，进而认定其为间歇性精神病人。虽然在目前的中国依靠PTSD进行刑事辩护的案例凤毛麟角，但是随着科学技术的发展，此类案件将会增多。PTSD在美国的刑事辩护中得到了广泛的运用，人们甚至开始反思滥用的现状。随着中国医学界的研究进展，笔者相信在未来的法院中，相关规定与程序将会出现。 　　Abstract： At first, this article introduces a criminal case of post-trauma stress disorder (PTSD) as a defense in China. Though few lawyers are using it as a tool before court nowadays, the author believes PTSD will be popular in future since court shall give proper weight to relevant factors. The writer also illustrates the origination of PTSD and its development in USA with some relevant cases. Even the Americans consider PTSD abuse as a problem. And there will be detailed regulations in China to keep pace with the development of scientific technology. 　　关键词： 法医学；实证主义；创伤后应激障碍；刑事辩护 　　Key words： Forensic Medicine；positivism；PTSD；criminal defense 　　中图分类号：D924 文献标识码：A文章编号：1006-4311（2010）35-0328-02 　　 　　1Introduction-a murder case 　　In 2008, a special criminal case was reviewed before the Intermediate People’s Court of Chifeng city which is located in north China. 42-year-old woman Ma Yuxia testified to an unhappy married life, and to frequent incidents where her husband Mr. Yuan beaten or chocked her and humiliated her in various ways. They divorced in 2003 and then remarried and lived together after family members persuading them. One day, before Yuan lying on bed, they had a quarrel. Afterwards, Ma could not sleep and used an ax to attack and smashed Yuan on October 2nd, 2007. Court of Chifeng delivered the opinion that her committing since long-term state of physical and psychological hurt which caused PTSD (post-trauma stress disorder). Meanwhile, the court considered the killer was diminished criminal responsibility. 　　In the second clause of Article 18 of Criminal Law, any person whose mental illness is of an intermittent nature shall bear criminal responsibility if he commits a crime when he is in a normal mental state; any mental patient