At the origin of non-imputability, according to the aspiring reforming legislator
Abstract. Among the intentions of the legislator of the last forty years, there is the reformation of the defining model aimed to the verification of non-imputability due to a defect of mind. At the state, this model appears insufficient to incorporate scientific progress on the theme of mental disorders. With this contribution, we therefore purpose to offer a reasoned review of the proposals and draft laws related to this aspect of criminal law, with the aim of stimulating further reflections about the opportunity of revising the current legislation as soon as possible, capitalizing– as far as possible– the work already done but never completed.
SUMMARY: 1. Introduction. – 2. The theoretical framework of the concept of imputability. – 3. The concept of mental infirmity for the purpose of assessing the exclusion of imputability: reforming perspectives. 3.1. – The abolitionist proposals of the category of imputability. – 3.2. The draft law of the Pagliaro Commission. – 3.3. The draft law n. 2038 of 1995: the so-called Riz draft law. – 3.4. The draft law of the Grosso Commission. – 3.5. The draft law of the Nordio Commission. – 3.6. The draft law of the the Pisapia Commission. – 3.7. The Pelissero Commission reform proposal appointed by the so-called Orlando delegated law. – 4. Some conclusive reflections.
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