Abstract
[Autom. eng. transl.] Drawing on the annotated sentence, in which the Supreme Court affirms the need for the judge to have an expert opinion if there is the fumus of a serious illness of the accused that could affect his ability to consciously participate in the trial, the procedural capacity is examined in the its relations with the ability to understand and want. The normative and hermeneutic evolution of the two categories, as illustrated, fits into the wake of three phenomena: the transition from an inquisitorial criminal trial to the current accusatory one, "the crisis of the certainties of science", with the consequent transformation of the relationship between science and process, and the overcoming of the purely nosographic conception of mental illness.
| Translated title of the contribution | [Autom. eng. transl.] Reflections on procedural capacity and ability to understand and want starting from sentence no. 5091 of 2020 |
|---|---|
| Original language | Italian |
| Pages (from-to) | 243-259 |
| Number of pages | 17 |
| Journal | Rivista Italiana di Medicina Legale e del Diritto in Campo Sanitario |
| Publication status | Published - 2020 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 3 Good Health and Well-being
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- capacità processuale
- imputabilità
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