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海滩路谋杀案:法院下令进行评估,以确定患有痴呆症的被告能否进行辩护Beach Road murder: Court orders assessment to determine if accused with dementia can make his defence

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新加坡:法院周一(10月5日)下令,一名被控于2020年在海滨路谋杀的62岁男子被扣留进行精神鉴定,以确定鉴于其认知障碍,他是否有能力进行辩护。

SINGAPORE: The court on Monday (Oct 5) ordered a 62-year-old man accused of murder at Beach Road in 2020 to be detained for psychiatric assessment to determine whether he is capable of making his defence given his cognitive impairment.

庄福春(音译)被控于2020年9月13日谋杀时年67岁的Miskiman Maakip(音译)。

Chng Hock Choon has been charged with the murder of Miskiman Maakip, then 67, on Sep 13, 2020.

当局于当天下午3时许,在海滨路第5座组屋附近的草地上发现Miskiman一动不动地躺着。他随后被送往医院,当天稍晚被宣告不治。

The authorities found Miskiman lying motionless on a grass patch near Block 5, Beach Road at about 3pm. He was taken to a hospital and was pronounced dead later that day.

在周一的高等法院视频聆讯中,副检察官许晞玮(Christina Koh,音译)和蔡恩慈(Grace Chua,音译)申请将庄福春扣留在精神卫生院(IMH),由指定医疗从业者进行评估,并证明他是否有能力进行辩护。

During a video hearing at the High Court on Monday, Deputy Public Prosecutors Christina Koh and Grace Chua applied for Chng to be detained at the Institute of Mental Health (IMH) for assessment by a designated medical practitioner, who would certify whether he is capable of making his defence.

庄福春在视频中显得瘦弱,留着及肩长发,已被诊断患有痴呆症。在这15分钟的聆讯中,他多次站起,并试图离开参加视频聆讯的房间。

Chng, who appeared thin and frail and sported shoulder-length hair, has been diagnosed with dementia. During the 15-minute hearing, he stood up multiple times and attempted to exit the room where he was attending the hearing via video link.

一名华语传译员告诉他的律师,庄福春能说出自己的名字,但说不出身份证号码。

A Mandarin interpreter told his lawyers that Chng could say his name but not his identification number.

在聆讯定于开始前五分钟,他离开了房间,警员似乎让他走了出去。

Five minutes before the hearing was scheduled to start, he left the room, with officers appearing to let him out.

法庭开庭时,他的律师Krishna R Sharma(音译)告诉法官,庄福春曾告诉警员聆讯已结束,因此“他们把他带回去了”。庭审暂停,以便警员将庄福春押回。

When court convened, his lawyer Krishna R Sharma told the court that Chng had informed the officers that the hearing was done, so "they took him back". The proceedings were stood down to allow the officers to escort Chng back.

检察官许晞玮引述庄福春之前的精神科报告称,他被诊断患有神经认知障碍,记忆力和认知能力受损,导致他无法跟进法庭程序或理解针对他的控状。因此,控方寻求正式评估,以确定庄福春是否有能力进行辩护。

Citing Chng's previous psychiatric report, Ms Koh said he had been found to have a neurocognitive disorder with impaired memory and cognition that rendered him unable to follow court proceedings or understand the charge against him. The prosecution thus sought a formal assessment to determine whether Chng was capable of making his defence.

庄福春的另一名律师钟庭辉(Chung Ting Fai,音译)不反对该申请。

Chng's other lawyer, Mr Chung Ting Fai, did not object to the application.

戴达·辛格·吉尔法官批准了该申请。法院将在证书发出后另行安排聆讯。

Justice Dedar Singh Gill granted the application. The court will convene another hearing after the certificate has been issued.

如果庄被认证为无法进行辩护,将适用《刑事诉讼法典》第247至249条规定的法定制度。根据该制度,法院必须裁定庄是否无法进行辩护。

If Chng is certified incapable of making his defence, the statutory regime under Sections 247 to 249 of the Criminal Procedure Code will apply. Under this regime, the court must determine whether Chng is incapable of making his defence.

如果是,法院必须向相关部长报告案件,并指明庄若因被控罪名被定罪本应服刑的拟定监禁期限。

If so, the court must report the case to the relevant minister and specify the notional imprisonment period that Chng would have been required to undergo had he been convicted of the offence he was charged with.

部长随后可作出适当命令,下令将庄羁押于精神卫生院(IMH)或任何其他合适设施。由于庄尚未被认证为无法进行辩护,法院未讨论其拟定监禁期限。案件的更多细节尚未在法庭上披露。

The minister may then make an appropriate order for Chng to be detained at IMH or at any other suitable facility. As Chng has yet to be certified incapable of making his defence, the court did not discuss his notional imprisonment period. Further details of the case have yet to be revealed in court.

在一宗涉及同一法律制度的早期案件中,一名杀害妻子的90岁男子在被认证为精神不健全后,被判处五年拟定监禁期限。

In an earlier case involving the same legal regime, a 90-year-old man who killed his wife was given a notional imprisonment period of five years after he was certified to be of unsound mind.

2025年2月新加坡精神不健全制度修正案生效以来,据信这是首宗同类获处理的案件。莱达维·莫苏丁于8月28日被高等法院判处该拟定监禁期限。莱达维被诊断患有痴呆症,在杀害妻子时可能处于谵妄状态。

Ridawi Morsudin was given the notional imprisonment period by the High Court on Aug 28, in what is believed to be the first case of its kind dealt with since amendments to Singapore's unsoundness-of-mind regime took effect in February 2025. Ridawi had been found to be suffering from dementia and may have been delirious when he killed his wife.

在裁定拟定监禁期限后,该案高等法院法官表示将向相关部长报告案件。在此期间,莱达维将继续被还押于综合医疗中心。谋杀罪可处死刑。

After deciding on the notional imprisonment period, the High Court judge in that case said she would report the case to the relevant minister. Ridawi was to remain remanded at the Complex Medical Centre in the meantime. Murder carries the death penalty.