[Direct answer]In the Beijing area, the responsibility for injuries caused by mentally ill patients needs to be differentiated according to the circumstances: If the mentally ill patient, who has been identified as having no capacity for civil conduct or limited capacity for civil conduct, causes injuries, according to Article 118 of the Civil Code of the People's Republic of China (effective from January 1, 2021), the guardian shall bear the tort liability. If the guardian has fulfilled his/her duty of guardianship, the liability may be mitigated. If the guarded person has property, the compensation shall be paid from his/her property first, and the insufficient part shall be compensated by the guardian. If the guardian entrusts others with the duty of guardianship, according to Article 118, the guardian shall still bear the responsibility, and the trustee who is at fault shall bear corresponding responsibility. If an intermittent mental patient causes injuries when he/she is mentally normal, or temporarily loses control due to drunkenness, abuse of narcotic drugs and psychotropic drugs, according to Article 119, the perpetrator shall bear the responsibility himself/herself. The victim shall promptly report to the police, fix evidence and claim compensation, and may refer to the relevant provisions of the Civil Code of the People's Republic of China.Personal injury and medical disputesColumn.

1. Problem background and typical scenarios

Such issues often arise in several situations: First, when a neighbor or stranger who is ill attacks someone in public places such as residential communities or parks, and the victim's family claims that they are unable to provide care; Second, when a person with mental disorders attacks someone in nursing homes, rehabilitation institutions, or training institutions, and the institutions claim that they only provide venues or services; Third, when a colleague who is ill attacks someone at the workplace, and the employer and guardian shift the blame to each other; Fourth, when the perpetrator has been cared for by elderly parents for a long time and lacks the ability to compensate after the incident; Fifth, when the perpetrator has been hospitalized for treatment but stopped taking medication on their own, and the family failed to seek medical treatment in time. When handling similar cases in the Beijing area, the court usually first determines the civil capacity status of the perpetrator at the time of the act, the guardianship relationship and the guardian's performance of duties, and then identifies the responsible parties and compensation paths. The victims are mainly concerned about who to sue, how much compensation they can get, and the legal process to follow.

II. Key points of dispute

First, whether the perpetrator has the capacity for civil conduct at the time of the act, which usually needs to be confirmed through judicial appraisal. The appraisal opinion is the basis for determining liability. Second, who the guardian is and whether he or she has fulfilled his or her guardianship duties. Fulfilling duties can mitigate but not completely exempt liability. Third, the division of the proportion of fault of the entrusted institutions or individuals in the case of entrusted care. Fourth, the determination of the mental state of intermittent mental patients at the time of their acts. Under normal circumstances, those who cause harm should bear responsibility themselves. Fifth, the impact of the victim's own fault on liability, such as actively provoking others, which may correspondingly reduce the obligation to compensate. Sixth, the scope and amount of compensation, involving items such as medical expenses, nursing fees, loss of income, disability compensation, and compensation for mental damage. Seventh, whether criminal responsibility will be pursued at the criminal level and the connection between compulsory medical procedures and civil compensation. Specific determinations shall be based on the current effective laws and regulations and judicial judgments. For matters involving criminal procedures, reference may be made to relevant provisions.Criminal defenseColumn.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers in our firm handling cases involving claims for injuries caused by mentally ill individuals, the key to determining liability lies in forensic evaluations and evidence. Common scenarios include: family members failing to provide long-term care, perpetrators committing acts after discontinuing medication, and family members only applying for a diagnosis after the incident occurred; unclear custody rights after divorce or family division, with parties shifting blame to each other; nursing homes and custodial institutions invoking contractual exemption clauses to defend themselves, which are legally ineffective against statutory obligations of safety protection and care. Judges tend to determine civil capacity at the time of the act based on forensic evaluations, and then consider whether the guardian promptly sought medical treatment and fulfilled their duty of supervision to determine the degree of mitigation. Where institutions are at fault, liability is apportioned according to their fault. Common pitfalls include: victims suing only the perpetrator but omitting the guardian, leading to difficulty in enforcing judgments; failing to apply for capacity evaluations in a timely manner, making it hard to supplement evidence later; and loss of police reports and surveillance footage over time; omitting follow-up treatment and care dependency costs from compensation claims. Lawyers in our firm suggest taking the following measures: reporting the incident to the police and retrieving surveillance footage immediately after the incident; preserving medical records and expense receipts in full; listing both the perpetrator and their guardian as defendants; and, if necessary, applying to the court for investigation of property clues to prepare for subsequent enforcement.

IV. Practical suggestions and legal basis

Action suggestions: 1. Immediately call the police and request a record of the call, and retrieve surveillance footage and witness information from the scene of the incident. 2. Seek medical treatment promptly and retain all medical records, diagnosis certificates, and expense receipts. If the injury is stable, obtain a disability assessment as soon as possible. 3. Apply for a judicial evaluation of the perpetrator's civil capacity to clarify the guardianship relationship. 4. List the guardian as a co-defendant and claim damages against any negligent caregiving institutions. 5. Include follow-up treatment and care costs in the compensation claim to avoid secondary litigation. Legal basis: - Article 1188 of the Civil Code of the People's Republic of China stipulates the guardian's responsibilities and mitigating rules. - Article 1189 governs the trustee's liability under delegated guardianship. - Article 1190 defines the liability attribution in cases of temporary loss of consciousness or control. - Article 1179 lists personal injury compensation items. - Article 183 permits claims for mental distress damages in cases of serious mental harm. Criminal aspects: - Article 18 of the Criminal Law of the People's Republic of China (the latest amended version effective March 1, 2024) stipulates that mentally ill individuals who cause harm during periods of incapacity to recognize or control their actions, and whose condition is confirmed through legal procedures, are not criminally liable but must be subject to strict supervision and medical treatment by their family or guardians, or, if necessary, compulsory medical treatment by the government. - Intermittent mentally ill individuals who commit crimes during periods of mental clarity are criminally liable.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, writing the wrong claimant is a common mistake. The subject of liability for injuries caused by individuals without civil capacity is the guardian, so don't just focus on the perpetrator himself. Secondly, if the guarded person has personal property, the compensation should be paid from his property. When applying for enforcement, this should be verified at the same time. Thirdly, the statute of limitations for civil compensation is three years. It's better to conduct a medical evaluation as soon as possible, as delaying it will weaken the probative force of the evidence. Fourthly, the perpetrator's exemption from criminal responsibility doesn't mean exemption from civil compensation. Both paths should be pursued in parallel. Fifthly, we should be rational in our expectations of the reduction in the guardian's liability. The court will judge based on the overall care situation. It is recommended to fix the evidence as soon as possible and seek legal advice.Beijing Henglu Law FirmOn the official website, similar columns are designed by professional lawyers to provide claim and enforcement solutions.

VI. Frequently Asked Questions

Q1: Do guardians of mentally ill patients have to compensate for all the damages caused by their patients?

Not necessarily. According to Article 1188 of the Civil Code, if a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the tort liability, but the guardian may be relieved of liability if he/she has fulfilled his/her guardianship duties; if the guarded person has personal property, the compensation shall be paid from his/her property first, and the insufficient part shall be compensated by the guardian. In practice, the court will determine the compensation amount in proportion to the guardian's performance of his/her duties and the victim's fault. Full compensation is not an inevitable outcome.

Q2: What evidence do I need to prepare when making a claim for damages against a mentally ill person who has injured me?

The following items should be prepared: police reports and police response receipts; surveillance footage of the incident and witness statements; photos of injuries, medical records, diagnosis certificates, and medical expense receipts; opinions on disability assessment (if the injury results in disability); certificates of loss of income and nursing care costs; materials for assessing the civil capacity of the parties involved and proof of guardianship relationships. The more complete the evidence is, the smoother the process of determining liability and settling accounts will be. It is recommended to collect the evidence immediately after the incident to avoid the loss of surveillance footage.

Q3: How much compensation can be awarded to a person who is injured by a mentally ill patient?

There is no fixed amount. According to Article 1179 of the Civil Code, the compensation covers medical expenses, nursing fees, transportation fees, nutrition fees, hospitalization meal subsidies, and income losses due to work interruption. For cases resulting in disability, it also includes the cost of assistive devices and disability compensation. For cases causing serious mental harm, the victim can claim compensation for mental distress according to Article 1183. The specific amount depends on the disability grade, actual losses, and liability ratio. It is recommended to first secure the relevant documents and then calculate the compensation amount.

Q4: Will mentally ill patients be sentenced to prison if they harm others?

It depends on the circumstances. According to Article 18 of the Criminal Law of the People's Republic of China, if a mentally ill person causes harm when they are unable to recognize or control their own behavior, and it is confirmed through legal procedures, they shall not bear criminal responsibility, but their family members or guardians shall be ordered to take strict custody and medical treatment, and if necessary, the government shall enforce medical treatment; if an intermittent mentally ill person commits a crime when they are mentally normal, they shall bear criminal responsibility; if they have not yet completely lost the ability to recognize or control their own behavior, they may be given a light or mitigated punishment. Not bearing criminal responsibility does not exempt them from civil compensation liability.

Q5: Who should I sue, which court should I go to, and how long will it take?

The defendants usually include the perpetrators and their guardians, and those who are at fault in entrusting care institutions or individuals are also listed as defendants. The lawsuit is filed with the basic-level court at the location of the infringement or the defendant's residence, and the statute of limitations is three years. The first-instance ordinary procedure generally does not exceed six months, and it will take longer if judicial appraisal is required. Appraisal and evidence are the core issues, so it is recommended to engage a lawyer as soon as possible. For reference, please refer to the following content:Personal injury and medical disputesColumn.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in time.