[Case Summary]This case involves an application for the termination of the special procedure of compulsory medical treatment. The defendant suffered from severe depression and committed serious violent acts. After being assessed as having no criminal responsibility by a judicial appraisal, the court decided to subject him to compulsory medical treatment and admitted him to a specialized medical institution for treatment. Since he was subjected to compulsory medical treatment in 2021, the defendant's family has applied for termination of the compulsory medical treatment four times in a row, but all applications were rejected. In 2026, the family submitted their fifth application for termination, and the application was handled by Beijing Henglu Law Firm.The Party Education and Training CenterUnder the guidance of the lawyer, the guardianship plan was prepared and improved, the commitment letter was issued, and the judge's questions were fully answered. The court ultimately made a decision to agree to the release, ordered the legal representative to strictly supervise and provide medical care, and the party regained his freedom.

I. Review of the case facts

Many family members will ask after their loved ones are subjected to compulsory medical treatment:How to lift the compulsory medical treatment order?When will the family member who is under compulsory medical treatment be able to go home? Since the case subject was placed under compulsory medical treatment in 2021, the family has submitted four applications for terminating the compulsory medical treatment to the court for four consecutive years, but none of them were granted. The court decided to continue the compulsory medical treatment. Compulsory medical treatment is not a criminal punishment, but a medical treatment and protection measure specifically aimed at individuals with mental disorders who are not criminally responsible.

The origin of this case is that the defendant committed a serious violent homicide due to severe depression. After being evaluated by a judicial appraisal as having no criminal responsibility capacity, the court decided to subject him to compulsory medical treatment and sent him to a specialized medical institution for systematic treatment. Compulsory medical treatment must simultaneously meet three conditions: the act of violence, endangering public safety or seriously endangering citizens' personal safety; the lack of criminal responsibility capacity, as determined by a judicial appraisal of mental illness through legal procedures; and the risk of continuing to endanger society. All three conditions are indispensable.

In 2026, the family filed their fifth application to lift the compulsory medical treatment order. Previously, the court had repeatedly rejected the application on the grounds that: first, the patient still posed a danger to others; second, the family's guardianship measures were inadequate. This time, under the guidance of a lawyer, the family prepared a comprehensive guardianship plan, submitted a commitment letter, and answered the judge's questions in detail. As a result, the court finally granted the application to lift the order.

II. The focus of the case

  • Whether the person subject to compulsory medical treatment no longer poses a danger to others, no longer requires continued compulsory medical treatment, and whether they meet the statutory criteria for terminating compulsory medical treatment.
  • Is the family guardianship program fully implemented, and can it form a supervision loop between families, communities/village committees, and public security authorities to eliminate the guardianship risks after returning to society?
  • Can the evidence such as the diagnosis and evaluation by medical institutions, the guardianship capacity of family members, and the supporting social services jointly persuade the court to make a decision to terminate the guardianship?

III. Professional intervention by Hengluo Lawyers

The review process and the positions of both parties: In the process of lifting the compulsory medical treatment, the person subject to compulsory medical treatment and his/her close relatives have the right to apply for its lifting; the court shall form a collegial panel to review the case and handle it according to the circumstances within one month. The legal supervision opinions of the procuratorial organ are also an important reference for the court. The core of the court's previous rejection was that it believed that the person still posed a danger to society and that the guardianship measures were not in place.

The attorney's opinion on behalf of Henglu Law Firm is as follows:

Firstly, meeting the people who are subject to compulsory medical treatment. Lawyers have face-to-face contact with these people, gaining an intuitive understanding of their mental state, thinking reactions, awareness of their illness, self-control ability, and discharge planning, etc.

Secondly, sort out the complete diagnosis and treatment evaluation materials. Retrieve the hospital's full set of diagnosis and evaluation reports and the opinion letter on lifting the compulsory medical treatment, and verify that after years of comprehensive treatment with medication, psychological counseling, and rehabilitation, the patient's psychotic symptoms have disappeared, their emotions and self-awareness have fully recovered, and they have shown remorse and awareness of their past behaviors. They have not engaged in any dangerous behaviors such as suicide, harming others, or destroying property for a long time.

Thirdly, strengthen supervision measures and evidence. Guide family members to collect proof of their fixed guardianship willingness and ability, materials about their fixed residence, and submit opinions from the village committee and the police station, as well as guardianship commitment letters, in order to form a complete guardianship closed-loop involving family members, the police station, and the village committee.

Fourth, accurately present the attorney's opinion during the trial. Explain to the collegial panel that: the medical institution's diagnosis reports have confirmed for four consecutive years that the patient's condition has been stable for a long time and no longer poses a personal danger; both the medical institution and the procuratorial organ agree to release the patient; the guardianship conditions are complete and the measures are in place, which can ensure 24-hour care, medication supervision, and regular follow-up visits; the local grassroots units are willing to assist in supervision; the purpose of mandatory medical treatment is to provide medical treatment, and the current treatment purpose has been achieved. There is no factual or legal basis for continuing mandatory medical treatment, and the patient should be released according to law.

IV. Outcome of the case

After the court's review, it finally decided to lift the compulsory medical treatment and ordered the legal guardians to strictly supervise and provide medical care. In this case, the diagnosis reports from professional medical institutions for four consecutive years confirmed that the person subject to compulsory medical treatment had a long-term stable condition and was no longer a danger to others, meeting the medical conditions required by law for lifting compulsory medical treatment. Both the medical institutions and the procuratorial organs agreed to lift the compulsory medical treatment. The guardianship conditions are complete and the measures are in place, so there is no risk of supervision being absent.

The legal basis for this case is Article 302 of the Criminal Procedure Law of the People's Republic of China (conditions for the application of compulsory medical treatment), Article 306 (procedures for regular diagnosis and evaluation and discharge), and Article 647 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China regarding the discharge from compulsory medical treatment review and handling. The core statutory standard for discharging from compulsory medical treatment is that the person subject to compulsory medical treatment no longer poses a danger to others and does not require continued compulsory medical treatment. In the end, the court adopted the lawyer's opinion, and the client regained the opportunity to return to his family.

5. Hengluo Law Firm's Reminder

Forced medical treatment is not a criminal punishment, but a medical treatment and protective measure for mentally ill patients who are not criminally responsible according to law. It cannot continue indefinitely. The standards for lifting the review are strict, and it will not be easily lifted just because the medical institution "achieves significant therapeutic effects" or the family guarantees it. It must comprehensively evaluate the patient's medical condition and risk level, the guardian's ability to care for the patient, the availability of social support, the background of previous cases, and the opinions of the procuratorial organs, among other factors. When handling such special procedural cases, the value of lawyers lies in helping clients exercise their right to apply for lifting the review according to the law within the legal framework and convincing judges with comprehensive evidence. This case was handled by Beijing Henglu Law Firm.The Party Building Work ConferenceThe attorney (practice license number: 11101201911130220, subject to the document issued by the judicial administrative organ) acts as the agent.

VI. Common Questions about Compulsory Medical Treatment Cases - FAQ

  1. Q: How to lift the compulsory medical treatment? A: The person subject to compulsory medical treatment and their close relatives can apply for its lifting. The core legal criterion is that the person no longer poses a danger to others and does not require continued compulsory medical treatment. The court must review the case in a collegial panel, making a comprehensive judgment based on the medical assessment and the guardianship plan.
  2. Q: Is compulsory medical treatment the same as imprisonment? A: No. Compulsory medical treatment is a medical treatment and protective measure for individuals with mental disorders who are not criminally responsible according to the law. Its purpose is to treat patients, prevent social risks, and is not a form of punishment.
  3. Q: What do family members need to prepare to apply for the lifting of compulsory medical treatment? A: They need to prepare a diagnosis and assessment report from the medical institution, a letter recommending the lifting of compulsory medical treatment, proof of guardianship willingness and capability, a fixed residence, opinions from the village committee and the police station, a guardianship commitment letter, etc., in order to form a complete guardianship closed loop.
  4. Q: How long does it take for the court to review the application for release? A: The court should complete the review within one month from the date of acceptance. Based on whether the person subject to compulsory medical treatment still poses a danger to others, the court will make a decision on whether to release them or continue the compulsory medical treatment.
  5. Q: What role do prosecution organs play in the forced medical discharge process? A: Prosecution organs exercise legal supervision over discharge applications, and their opinions serve as important references for courts. If both the medical institution and the prosecution organ agree to the discharge, this constitutes an important basis for the court to make a discharge decision.