L'infermità mentale al vaglio delle Sezioni Unite

[Autom. eng. transl.] With the important sentence in the commentary - Criminal Cassation, United Sections, 8 March 2005, n. 9163 - the Court of Cassation imposes an extended and adaptive interpretation of the term "infirmity", adopting that orientation in favor of a less medical and more psychological concept of mental illness. Consequently also to personality disorders, among mental disorders, it is recognized the qualification of infirmity ex artt. 88 and 89 of the Criminal Code, but only where they are of a consistency, intensity, relevance and gravity such as to concretely affect the ability to understand or to wish. The sentence under review does not offer indications, leaving the question open, on the basis of which evaluation criteria it can be affirmed that the personality disorder may have affected, eliminating or attenuating, the ability to understand or to want of the subject.