Paragraph 18 of the Criminal Law stipulates: "If a mental patient causes harmful results when he cannot identify or control his own behavior, he shall not bear criminal responsibility after being identified by legal procedures, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, the government forces medical treatment. " This shows that: first, whether mental patients should bear criminal responsibility depends on whether they have the ability to identify or control their own behavior when they act; Second, whether an act has the ability to identify or control can neither be determined according to the confession of the actor nor the subjective judgment of the case-handling personnel, but must be confirmed through legal appraisal procedures; Third, mental patients who are not criminally responsible because they are incapable of criminal responsibility should not be left unattended, but their families or guardians should be ordered to take strict care of and treat them, and the government can force them to treat them when necessary.

Legal objectivity:

Article 25 of the General Principles of Judicial Appraisal Procedure: In the process of appraisal, if it is necessary to have a physical examination of a person without or with limited capacity for civil conduct, the guardian or close relatives shall be notified to be present to witness; When necessary, the client may be notified to be present to witness. If a forensic psychiatric appraisal is conducted on the appraiser, the client or the close relatives or guardians of the appraiser shall be notified to be present to witness. If an autopsy is required, the parties concerned or the close relatives or guardians of the deceased shall be notified to be present to witness. The on-site witness shall sign the appraisal record. If the witness is not present, the judicial appraiser shall not carry out relevant appraisal activities, and the delay time shall not be included in the appraisal time limit.