1, the identification of mental illness needs to be identified in a mental hospital;

2. It can be identified in the neuropsychiatric department of a third-class hospital or a designated hospital;

3. Identification involving disputes shall be entrusted by the corresponding case-handling organ. If a party, agent or defender of a case requests an appraisal, he shall apply to the case-handling organ, and the case-handling organ shall decide and entrust the appraisal with the consent of the case-handling organ.

Two, psychiatric appraisal should include the following contents:

1. Determine whether the appraiser suffers from mental illness, what kind of mental illness he suffers from, his mental state when he commits the harmful behavior, and the relationship between mental illness and the harmful behavior.

2. Determine the mental state of the appraiser in the process of litigation and whether he has litigation ability.

3. Determine the mental state of the appraiser during his sentence, and put forward suggestions on the legal measures to be taken.

Three, the need for judicial psychiatric expertise in litigation are:

1, in criminal cases

(a) to determine whether the appraiser suffers from mental illness, what kind of mental illness he suffers from, the mental state when he commits the harmful behavior, the relationship between mental illness and the harmful behavior, and whether he has the ability of criminal responsibility;

(2) to determine the mental state of the appraiser in the process of litigation and whether he has litigation ability;

(3) Determine the mental state of the appraiser during his sentence and the legal measures to be taken.

2. In civil cases

(a) to determine whether the appraisee suffers from mental illness, what kind of mental illness he suffers from, his mental state during civil activities, the influence of mental illness on his ability to express his will, and whether he has civil capacity;

(2) Determine the mental state of the appraiser at the mediation or trial stage, and whether he has litigation capacity; In addition, we should also look at the mental state of the victims when their legitimate rights and interests such as personal and property are infringed, and whether they have the ability to identify the infringement or the ability to defend and protect themselves properly, and determine the mental state of the witnesses concerned in the case and whether they have the ability to testify.

legal ground

Article 146 of the Criminal Procedure Law of People's Republic of China (PRC), when it is necessary to solve the specialized problems in the case in order to find out the case, a person with specialized knowledge shall be appointed and hired for appraisal.

Article 147 After conducting an appraisal, an appraiser shall write an appraisal opinion and sign it. If an appraiser intentionally makes a false appraisal, he shall bear legal responsibility.

Article 148 The investigation organ shall inform the criminal suspect and the victim of the expert opinions used as evidence. If a criminal suspect or victim applies, he may make supplementary appraisal or re-appraisal.