1. Family members apply to provide relevant evidence (including the suspect's past medical history, family medical history, etc. ) of the suspect's disease or possible disease, and then identified according to law. 2, the public security organs seized or found that the suspect has symptoms of mental illness, suspected of mental illness, in order to better solve the case, litigation, conviction and sentencing. , will do judicial expertise. The procuratorate suspects that the suspect is mentally ill.

In many criminal and civil cases, criminal suspects often claim to be mentally ill. In order to prevent criminal suspects from lying about their mental illness and escaping legal sanctions, it is necessary to conduct mental judicial expertise on criminal suspects and provide important evidence for the trial of the case through the appraisal results. The most important thing to do psychiatric expertise is to know how to apply for psychiatric expertise.

First, apply for psychiatric expertise.

1, usually the judicial department submits an application and fills in the application form. The contents of the entrustment application shall include: the general situation of the appraiser, a brief case, the physical condition and mental condition before and after committing the crime; The personal resume and family history of the appraiser, the purpose of the appraisal, and finally the official seal. After accepting the entrustment, the appraisal unit shall register, agree on the appraisal date and conduct formal appraisal.

2. According to the Interim Provisions on Judicial Appraisal of Mental Illness jointly promulgated by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice and the Ministry of Health 1989, when the judicial organ entrusts the appraisal, it requires a power of attorney, which explains the requirements and purposes of the appraisal and shall provide the following materials:

(a) the situation of the appraiser and his family;

(2) Relevant materials of the case;

(3) Relevant materials provided by the work unit;

(four) the relevant testimony of the insider on the mental state of the appraiser;

(5) Medical records and other relevant examination results.

Second, the mental judicial expertise institutions

1, the organization or unit that performs the task of judicial psychiatric appraisal is called appraisal institution. At present, all provinces, autonomous regions, municipalities directly under the central government, regions and prefecture-level cities in China generally have psychiatric hospitals to undertake the task of forensic psychiatry appraisal. In addition, some teaching and research institutions engaged in forensic psychiatry are also carrying out this work.

2. According to the Interim Provisions on Judicial Appraisal of Mental Illness, the judicial appraisal of mental illness in China should be led by the judicial appraisal committees of mental illness in various regions. The Committee is composed of a number of responsible cadres and experts from local people's courts, people's procuratorates and public security, judicial and health organs, and is responsible for examining and approving appraisers, organizing technical appraisal teams and coordinating the appraisal work. According to the needs, the appraisal committee may set up a number of technical appraisal groups to undertake specific appraisal work, and its members shall be appointed and appointed by the appraisal committee. The technical appraisal team shall not be less than two members to participate in the appraisal.

"Interim Provisions on Judicial Appraisal of Mental Illness" Article 2 Judicial appraisal of mental illness shall make an appraisal conclusion according to the facts of the case and the mental state of the appraisee, so as to provide a scientific basis for the entrusting appraisal organ on legal capacity.

Third, the content of mental appraisal

1. Determine whether the appraiser suffers from mental illness, what kind of mental illness he suffers from, his mental state when he commits the harmful behavior, the relationship between mental illness and the harmful behavior he commits, and whether he has criminal responsibility.

2. Determine the mental state of the appraiser in the process of litigation, and whether it has litigation capacity.

3. Determine the mental state of the appraiser during his sentence and the legal measures to be taken.

On legal issues, no matter which side you are, you need to do a mental appraisal. As for how to apply for psychiatric expertise? Under normal circumstances, the applicant can write an application power of attorney to entrust the judicial institution to conduct appraisal, and then issue the appraisal result, which is an important reference evidence for the judgment of legal cases.