Il "breve" cammino del vizio di mente. Un ritorno al paradigma organicistico?

Translated title of the contribution: [Autom. eng. transl.] The "short" path of vice of mind. A return to the organic paradigm?

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Abstract

[Autom. eng. transl.] The paper reproduces the speech at the Conference "Neurosciences and law", held in Milan on December 19, 2008. Premised some considerations on the subject of criminal imputability, whose definition in terms of capacity to understand and to wish can be found in the art. 85 of the Criminal Code, the Author focuses on the implementation of the substantive assumptions of criminal responsibility in the process, from the point of view of ascertaining the psychic coefficients of attribution of the fact to the author. Neuroscience, whose scientific breakthroughs have quickly come to the attention of scholars, has recently contributed to enriching the cognitive function of this assessment. The neurosciences applied to law, especially for the purposes of ascertaining mental infirmity, seem even to exceed the initial expectations: the neuroimaging of the brain and the detection of damage to the prefrontal lobes seem to offer a suitable descriptive platform to shed light on the correlations between functions brain and human behavior. The author warns, however, that since the criminal responsibility and consequent limitation of the defendant's individual freedom are under discussion, it would be advisable to access a completely peculiar methodological perspective, inspired by the aim of combining scientific evidence with their evaluation. judicial: next to a first level of investigation, to which the evaluation of the scientific reliability of the technical test is to be based, a second level of investigation should be developed, within which to reserve to the judge the expression of a judgment about the reliability. of the scientific results and the degree of relevance to the same attributable to probative purposes within the process.
Translated title of the contribution[Autom. eng. transl.] The "short" path of vice of mind. A return to the organic paradigm?
Original languageItalian
Pages (from-to)325-346
Number of pages22
JournalCRIMINALIA
Publication statusPublished - 2008

Keywords

  • Imputabilità
  • Mental illness
  • Neuroscience evidence
  • Neuroscienze
  • Vizio di mente

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