Open-access Criminology, health determination process and criminal control of the mentally ill person not subject to criminal liability

Abstract

The Forensic Psychiatry has within its challenges the provision to evaluate those people who, pre or post crime, present signs or symptoms that may be susceptible to a psychiatric disease that can transit from a debut or a person with a history of being a carrier of a chronic pathology in acute phase, in this area the most important thing is to specify whether or not at the time of the commission of the crime the author has the ability to discern and can direct their behavior among others, then the administration of justice has the obligation to pass sentence depending on the results of the psychiatric expertise. In this work we make an analysis from different angles of the problem centered in the people who are unimputable of criminal responsibility, and of the vision of different legislators and criteria of specialists including in a general way the social, therapeutic medical benefit of the mental patient that becomes a target after being a criminal legal interest.

Key words: Mental derangement; criminal unimputability; psychosis; discernment

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Asociación Costarricense de Medicina Forense Apdo. 187-3007 San Joaquín de Flores , Heredia Costa Rica, San Joaquin de Flores, Heredia, CR, 187-3007, 2277-4128 - E-mail: cabarca@racsa.co.cr
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