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The ability of mentally ill individuals to stand trial in criminal proceedings is stipulated in Article 294(1) of the Criminal Procedure Law of our country. However, due to the requirement of “mental loss” in the law, the court’s judgment on the ability to stand trial is not consistent. This article first clarifies the connotation of the ability to stand trial and the legislative purpose and regulatory objectives for subsequent examination. In order to further examine the reasonableness of the interpretation of the ability to stand trial requirements in practice.
In terms of determining the requirements for the ability to stand trial, there are several different judgment models in our country’s practice, and these different judgment models also produce inconsistent standards. Some opinions may cause situations where the defendant’s procedural safeguards are insufficiently protected, causing the defendant’s procedure to not receive effective protection, violating constitutional due process rights, litigation rights protection under criminal procedure law, fair trial rights and lawyer assistance rights.
In addition, this article believes that it is possible to think about the ability to stand trial from the perspective of punishment theory. Although the ability to stand trial is part of a legitimate legal procedure and is stipulated in criminal procedure law, if we discuss the impact of implementing legitimate legal procedures on punishment from the perspective of retributive theory in punishment theory, if the defendant himself lacks the ability to stand trial and causes a lack of legitimate legal procedures for overall trials, it may also affect subsequent punishments imposed on defendants. The preventive and retributive effects that are intended to be achieved are greatly reduced or even directly cause the state to lose legitimacy in imposing punishments.
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