Perfiles viejos y nuevos de la imputabilidad penal

Translated title of the contribution: [Autom. eng. transl.] Old and new profiles of criminal liability

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The dogmatic category of criminal imputability is at the center of a long-standing critical debate that seemed, in Italy, to involve psychiatrists, psychologists, criminologists more directly, but not criminal lawyers. The latter are, so to speak, remaining at the limits of that debate, waiting for it to finally give birth to easy formulas, the use of which would enable the problems of interpretation and application of the discipline to be solved. But this did not happen. Psychiatry, once challenged the ability of the medical paradigm to scientifically explain the various disorders that were gradually being cataloged, was not able to offer a measure of measurement of mental illness alternative to the medical one and that, like the latter, was able to offer sufficient margins of certainty about the scientific validity of the judgment on the ability to understand and want the offender, even with reference to those mental disorders without an identified or identifiable organic origin. Hence the disenchantment manifested by the criminal law doctrine on the validity of the discipline of criminal imputability currently in force and the awareness of the need for legislation that on the one hand respects, as far as possible, the new orientations emerging in psychiatry, in psychology subject of illness, mental illness, and social danger due to a mental disorder; and on the other, where it is not possible to reflect these orientations, is the result of legislative choices taken in view of specific objectives of criminal policy. But finding and verifying what the "right" discipline is is not easy. While being aware of the impossibility in this phase of offering solutions, the study brings to light all those critical components that have led to a widening of the margins of uncertainty in the judgment of imputability.
Translated title of the contribution[Autom. eng. transl.] Old and new profiles of criminal liability
Original languageSpanish
Pages (from-to)595-660
Number of pages66
JournalCUADERNOS DE POLITICA CRIMINAL
Publication statusPublished - 1991

Keywords

  • Enfermedad mental
  • Imputabilidad penal
  • Imputabilità penale
  • Infermità mentale

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