Abstract: Factors of illegal act between psychotics and normal persons are quite different. Usually, psychotics involved in criminal case are induced by psychotic ymptoms such as illusion, hallucination, delusion, disorder of consciousness and personality change. As a matter of fact, psychotics are immune from penalty. However, there have been seperate opinions held by the jurists as well as the psychiatrists. The allegations they advocated are based on their own standpoints and professional knowledges of each. The purpose of this paper is to present a historical review concerning their respective ideas for further discussion.