在刑事审判中对犯罪人进行心理鉴定的思考

犯罪人犯罪的动机、目的、犯罪时的心理状态、以及犯罪后的态度等犯罪心理,是刑事审判中刑罚裁量时可考虑的酌定情节。对酌定情节的分析和认定直接影响到审判机关定罪量刑的准确性,而酌定情节涵盖内容尺度的把握又具有较大的灵活性,因此,十分有必要对犯罪人实施犯罪时的心理(心理态度)进行鉴定,并将鉴定结果作为法官对犯罪进行定罪量刑的依据之一,以提高审判机关定罪量刑的准确性。

On Applying Psychological Appraisal to the Criminals in Criminal Trials

Psychological factors such as the criminals'motive, aim, and mental state when committing the crimes and the attitude after crimes all deserve consideration in the criminal trial. Analysis and determination of the facts concerned will directly influence the accuracy of the judgment made by judicial organs, and a considerable flexibility is likely to occur to the judicial judgment in measuring the degree of a crime. Therefore, this paper points out that it's necessary to make a psychological appraisal of the criminal's mentality, and have the appraisal results as an important evidence for the judges'punishment so as to improve the accuracy of the judicial organs'judgment.