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The Sentence of the Supreme Court in Reunited Sections No. 9163/2005 and the problem of the insanity defence

13 settembre 2021
11:00 am
San Ponziano Complex - Conference Room

The responsibility of the mentally ill offender is a critical point of the penal system and underlies different interpretative approaches, often culturally shaped. In Italy, the 1939 penal code has crystallized for several decades an approach to the issue linked to the possibility of evaluating a mentally ill person at the time of the fact only if suffering from "major" psychopathologies. With the evolution of psychopathology, however, there had been a series of conflicting interpretations that led to the so-called ruling "Raso", from the name of the accused. The sentence objectively has the merit of having placed a jurisprudential firm on a decidedly controversial issue, opening up, however, a different series of interpretative difficulties, especially when the clinical data of the accused are contextualized in a forensic psychiatric perspective.


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Stefano Ferracuti, Università La Sapienza, Roma