Who will bear the compulsory medical expenses for mental patients?

Due to the high cost of treatment, the treatment time takes several years or even more than ten years, which is unbearable for the families of mental patients. Neither the Criminal Procedure Law nor the Criminal Procedure Rules of the People's Procuratorate (Trial) stipulates the expenses of mental patients involved in the compulsory medical treatment. The Criminal Law only stipulates that the government forces medical treatment when necessary, but there are no provisions on which mental patients it applies to, the specific procedures for filing and deciding, and the evaluation of treatment effect during implementation. The provisions on the treatment expenses of mental patients are generally scattered in the normative documents formulated by various provinces and cities. Due to the restriction of local economic development level and other factors, the treatment cost of mental patients can not be guaranteed.

legal ground

Article 284 of the Criminal Procedure Law stipulates: "If a mental patient commits acts of violence, endangering public safety or seriously endangering the personal safety of citizens, and is not criminally responsible according to law after legal procedures, he may continue to endanger society, and may be forced to receive medical treatment."

Article 285 of the Criminal Procedure Law stipulates: "If a public security organ finds that a mental patient meets the requirements of compulsory medical treatment, it shall write a compulsory medical opinion and transfer it to the people's procuratorate. The people's procuratorate shall apply to the people's court for compulsory medical treatment if the mental patient transferred by the public security organ or found in the process of examination and prosecution meets the requirements of compulsory medical treatment. In the course of hearing a case, the people's court may make a compulsory medical decision if it finds that the defendant meets the compulsory medical conditions. "

Article 287 of the Criminal Procedure Law stipulates: "After hearing, the people's court shall make a decision on compulsory medical treatment within one month if the respondent or defendant meets the requirements of compulsory medical treatment. If the person, the victim, his legal representative or close relatives who are determined to have compulsory medical treatment are dissatisfied with the decision on compulsory medical treatment, they may apply to the people's court at the next higher level for reconsideration. " Article 288 stipulates: "Compulsory medical institutions shall regularly diagnose and evaluate people who have been subjected to compulsory medical treatment. For those who are no longer in personal danger and do not need to continue compulsory medical treatment, they shall promptly put forward opinions on dissolution and report them to the people's court that decided on compulsory medical treatment for approval. Compulsory medical personnel and their close relatives have the right to apply for termination of compulsory medical care. "