L'IMPUTABILITÀ, IL VIZIO DI MENTE E I DISTURBI DI PERSONALITÀ

[Autom. eng. transl.] The article deals with the importance of personality disorders and the ability of the latter to affect the imputability of the acting subject within the criminal law. The starting point is represented by the sentence of the United Sections ruling on the Raso case, in which the Court stated that personality disorders can constitute a suitable cause to exclude or greatly diminish the agent's capacity to understand and to want the agent. The study shares the approach of the United Sections and supports the need for an interrupted and constant process of transposition, by the criminal justice system, of the most recent acquisitions in the psychiatric scenario. On the other hand, the current tendency is to consider mental illness in an "integrated version" that takes into account all the biological, psychological, social and relational variables, which, in the individual case and with different weight, can play a role decisive in producing a condition of mental suffering. The essay then deals with the problem of ascertaining, in the criminal trial, both the existence at the time of the fact of the illness, and the actual incidence of the disorder on the ability to understand and want, and, finally, of the etiological link between mental disorder and fact of crime.