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被告人有受审能力是美国刑事审判中正当程序原则的要求。虽然受审能力规则与精神病辩护制度有密切的联系,但是两者不能互相包容。当被告人可能患有精神病时,控辩双方和法官均可对被告人的受审能力提出质疑。这种质疑一经提出,法院就应当进行听证。听证前应当由精神病专家或心理学专家对被告人的受审能力进行评估和作出精神病学报告。如果被告人无受审能力,那么法院应裁定将被告人关押于精神病机构接受治疗。美国刑事审判中关于精神病被告人受审能力规则的实践为我国在刑事诉讼法中构建相关的规则提供了有益的经验。
The ability of defendants to be tried is a requirement of the principle of due process in criminal trials in the United States. Although the rule of trial ability is closely related to the system of mental illness defense, the two can not be mutually inclusive. When the defendant may have mental illness, both the prosecutor and the defense and the judge may challenge the accused’s ability to be tried. Once this challenge is raised, the court should hold a hearing. Psychiatry experts or psychologists should be used to assess the accused’s ability to make a trial and make a psychiatric report before the hearing. If the accused is not at trial, the court should rule that the accused should be held in a psychiatric institution for treatment. The practice of the rules on the trial ability of defendants with mental illness in the criminal trial in the United States provided useful experiences for our country to construct the relevant rules in the criminal procedure law.