(Selected from the translated work titled The Criminal Law of the People's Republic of China, authored by Robert Zhang and Steve Li, criminal defense lawyers registered in Shanghai, China.)
Article 18 [Criminal Capacity of Special Persons] Where a person suffering from a mental disease causes harmful consequences when they are incapable of appraising or controlling their conduct, they shall not be held criminally liable if their mental disease has been confirmed through legal procedures; Provided, however, that their family members or guardians shall be ordered to strictly supervise over them and provide medical treatment, and the government may compel them to receive medical treatment if necessary.
A person suffering from an intermittent mental disease shall be held criminally liable if they commit a crime when they are mentally normal.
Where a person suffering from a mental disease who has not completely lost the ability to appraise or control their conduct commits a crime, they shall be held criminally liable; Provided, however, that punishment may be alleviated or mitigated.
Where a person intoxicated by the use of alcohol commits a crime, they shall be held criminally liable.
