Abstract: Objective To explore the main factors that most influence the psychiatrists in the process of assessing the capacity for criminal for perpetrators of homicide. Methods 105 homicide cases were retrospectively analyzed. Results The number of cases for no responsibility, reduced responsibility and full responsibility is 41(39.0%),28(26.7%) and 36(34.3%)respectively. The assessment of capability for criminal responsibility was significantly correlated with three major factors,they are: whether the homicide was driven by psychopathological factors (Gamma=0.906,P=0.000),whether the perpetrator was suffering a severe mental disorders(Gamma=0.761, P=0.000) and, whether the victim is the perpetrator′s family member or relative (Gamma=0.412,P=0.000). Conclusion Forensic psychiatrists take three major aspects into account in their process in assessing capacity for criminal responsibility, in a descending order, they are: was the homicide driven by pathological motivation? Was the perpetrator suffering from a severe mental disorder? Was the victim a family member or stranger?

Key words: homicide, forensic psychiatry, forensic assessment, criminal responsibility