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China is considering mandating treatment in the cases of some mental health patients.
A draft regulation on establishing compulsory medical institutes is currently soliciting public opinions on the website of the Legal Affairs Office of the State Council until July 7. It aims to better manage lawbreaking mental health patients and protect social security, while protecting the legal rights of such patients.
According to the regulation, drafted by the Ministry of Public Security, such compulsory medical institutes are law enforcement agencies, instead of medical agencies.
Under China’s criminal law, mental patients who cannot recognize or control their behaviors cannot be prosecuted for criminal actions, but those who commit crimes, per the regulation, should be supervised and be hospitalized by their family or guardians.
Government can mandate hospitalization of such patients under specific “necessary conditions.”
The draft regulation has also specified conditions under which the patients be discharged from forced hospitalization.
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