Imputabilità: scienze, neuroscienze e diritto penale

Translated title of the contribution: [Autom. eng. transl.] Imputability: science, neuroscience and criminal law

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The awareness of the need to combine criminal law with empirical knowledge, which refers to the Lisztian idea of integrated or integral penal science, is reiterated with particular emphasis in today's society, characterized by increasing complexity. The theme takes on special meaning when the responsibility of the accused in his status as a subject capable of understanding and willing is under discussion, and the need to understand the crime emerges emblematically when his explanation seems to be rooted in a mental disorder of the person who committed it. In the light of the studies developed on the subject of criminal imputability, the paper investigates the contribution of the most recent diagnostic techniques, such as the neuroscientific ones, and their suitability to offer a concrete aid to the judicial assessment of criminal responsibility. The question about the role that neuroscience can actually play in the process of ascertaining the defect of the mind is open, and the correlative question regarding the role of the judge, called to confront this expert knowledge, remains open.
Translated title of the contribution[Autom. eng. transl.] Imputability: science, neuroscience and criminal law
Original languageItalian
Title of host publicationIl diritto nelle neuroscienze. Non "siamo" i nostri cervelli
EditorsLAURA PALAZZANI, ROBERTO ZANNOTTI
Pages143-164
Number of pages22
Publication statusPublished - 2013

Keywords

  • Diritto penale
  • Imputabilità
  • Neuroscienze

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