Lights and shadows on its current role and function in the criminal process
Abstract.While the debate on neuroscience and its use in the criminal trial continues regularly, I felt it almost necessary to make some reflections on forensic psychiatry today and its usefulness as a complementary tool to the judge’s activity. I focused in particular on its purpose and on the fact that by remaining confined to the space of the evaluation of the ability to understand and want, it tends to become an obsolete tool if one does not try to extend its range of investigation to the other psychic components that are at the basis of the action, such as the social relationship, the affective component, the relational aspect with the victim, etc. In this way, I think that the final product of the forensic psychiatric investigation will be able to combine with the typical tools of the new frontiers of neuro-psychiatric research, providing the judge with the real image of his suspect or accused and whether or not to detect the criminal responsibility and correctly quantify the penalty.
SUMMARY: 1. Preamble. – 2 Forensic psychiatry. – 3. Forensic psychiatry and criminal trial. – 4. The imputability. – 5. Expert activity. – 6. Re-establishing roles. – 7. When the forensic psychiatrist enters the scene. – 8. That forensic psychiatry (re)appropriates the right spaces. – 9. In conclusion.
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