be a continued threat to society, placed under compulsory medical treatment. Compulsory medical treatment takes place in closed psychiatric institutions, known as ankang, under the jurisdiction of the Ministry of Public Security. There are, however, only about 25 ankangs across China, overseen by the Ministry, which can accept mentally ill offenders. The limited capacity of ankangs to provide an alternative to executing prisoners, in the case of the most serious offences, appears to be one factor in limiting the court’s sentencing options.22 “when dealing with offenders who might be mentally ill but with low social standing, sentencing or even killing them is convenient”, senior psychiatrist in China23 Public opinion or opposition from the victim’s family can put the police or judicial authorities under pressure to hold the defendant criminally responsible. This may help to explain the authorities’ reluctance to agree to mental health assessments. Even where a mental health assessment has identified a mental disorder the court may set the findings against weightier concerns about the nature and seriousness of the offence and the continuing dangerousness of the offender. In cases of diminished responsibility, the courts may consider this a mitigating factor when sentencing (CL.17 Art.18). Low intelligence or learning disabilities are generally understood to result in more lenient sentencing. The option of the two-year suspended death penalty allows courts to legally impose a death penalty while refraining from executing the defendant. Liu Mo was arrested for the brutal killing of three young children in Xuyi county, Huai’an in Jiangsu province during the mid-autumn festival, 2011. Liu was given a mental health assessment and it was determined that he suffered from schizophrenia. However, because the family were poor he had not sought treatment. A year after the killings he was convicted of murder and sentenced to death. In defending the sentence, the intermediate court explained that the most important factor was the seriousness of the offence and then the continued dangerousness of Liu. The court believed that Liu had limited criminal responsibility. The procuratorate acknowledged the case was a tragedy and described it as a failure to supervise the mentally ill. While this case indicates the intermediate court’s reasoning it has not been possible to confirm whether Liu was eventually executed. Understanding of mental illness There is no definition of what constitutes mental disorder in Chinese criminal law. It is generally accepted by Chinese practitioners that mental illness refers to psychosis or persons with severe 22 Jiang, Lilou. ‘Accessibility of Psychiatric Assessment for Capital Crime Offenders with Mental Illness in China.’ Journal of Law and Criminal Justice, June 2017. Vol.5, No.1 pp. 1-10. https://doi.org/10.15640/jlcj.v5n1a1 23 Cai, H. Q. ‘I Am Not Appealing For Qiu Xinghua Solely.’ Southern Weekly. 30 November, 2006. Referenced in ibid. 23