This usually happens in criminal acts involving mental patients, or when a person's mental state may affect public safety or the interests of others. However, whether to carry out psychiatric appraisal must follow legal procedures and legal provisions.
First, the legality of psychiatric appraisal.
Police stations require psychiatric expertise, usually based on the following considerations: ensuring public safety, preventing mental patients from causing harm to others, and determining the responsibility of offenders. In some cases, this is completely legal.
Two. Legal procedures and regulations
When conducting psychiatric appraisal, the police station must follow the following legal procedures and regulations:
1. Respect for individual rights: No one shall be forced to have a psychiatric appraisal without his consent or legal procedures.
2, follow the medical ethics: psychiatric appraisal must be carried out by qualified medical experts, follow the medical ethics and diagnostic norms.
3. Notify family members or guardians: For persons with no capacity or limited capacity, the police station shall notify their family members or guardians of the psychiatric appraisal.
Three. Legitimacy under certain circumstances
Under the following specific circumstances, it is legal for the police station to ask for psychiatric appraisal:
1, involving criminal offences: when a person's mental state may affect his criminal responsibility, the police station may request a psychiatric appraisal.
2. Involving public security: When a person's mental state may threaten public safety or the interests of others, the police station may request a psychiatric appraisal.
To sum up, it is legal for the police station to ask for psychiatric appraisal in some cases, but it must follow legal procedures and medical ethics. Personal rights should be respected, and relevant information should be informed to family members or guardians.
Legal basis:
Criminal law of the people's Republic of China
Article 18 stipulates:
"A mental patient who causes harmful results when he can't identify or control his behavior, and is confirmed by legal procedures, shall not bear criminal responsibility, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. A drunken person who commits a crime shall bear criminal responsibility. "
People's Republic of China (PRC) Mental Health Law
Article 24 provides that:
"If patients with suspected mental disorders have behaviors that harm themselves or endanger the safety of others, or are in danger of harming themselves or endangering the safety of others, their close relatives, their units and local public security organs should immediately take measures to stop them and send them to medical institutions for mental disorder diagnosis."