Navigation Links
New research warns of the lack of specialization when judging individuals with mental disorders

This release is also available in Spanish.

Research carried out by the Department of Criminal Law of the University of Granada has analysed for the first time all the criminal sentences passed in Spain since 1870 in which the defendant was acquitted of the charge or the sentence was reduced on account of mental disorder. This research, in which more than 3000 sentences were studied, has reported the need for greater cooperation between Criminal Law and Psychiatry at determining the effect of each disorder on the individuals responsibility, and also warns of the lack of specialisation of forensic scientists in charge of determining the mental condition of the accused. As these forensic scientists have no specific training in Psychiatry, sometimes medical reports do not provide the full guarantee needed.

The research, carried out by Doctor Gema Mara Fonseca Morales and directed by professor Mara Jos Jimnez Daz, has revealed that under previous Penal Codes, Spanish justice has maintained a hesitan, fluctuating and sometimes contradictory line in cases regarding some alterations such as personality or neurotic disorders. However, since the implementation of the current punitive text, sentences are proving more rigorous from the perspective of medical-psychiatric science and closer to current international classifications of mental diseases.

This UGR research has revealed that the main axis of jurisprudence in this field is the poor application by the Spanish Courts of the complete exemption of criminal responsibility. This can be attributed to the fact that for a very long period of time a complete and absolute alteration of reasoning and willing capacity (in practice nearly a coma) was necessary to declare incapacity for responsibility. This is an untenable requirement as in this situation it would be barely impossible to offend.

Better regulation

This research has showed that article 20.1 of the current Penal Code (which includes abnormality and mental disorder as grounds for exemption) is much better than its predecessor, as it is a very extensive formulation covering any kind of mental disorder if there is a certain psychological effect that causes the incapacity to understand the illegality of the action or to act according to that understanding.

Finally, the research also reports that, because of their high cost, judges make limited application of security measures when there is an exemption on the account of abnormality or mental disorders.


Contact: Dr. Gema Mara Fonseca Morales
Universidad de Granada

Related medicine news :

1. Kidney Stones - Interesting New Research implicates bacteria as its cause
2. Stem cell research- now Nobel Laureates join the debate
3. Researchers urge caution in using ear tube surgery
4. Paracetamol May Cause Live Damage Warns Consumer Education and Research Centre
5. Spouses and other partners lower blood pressure says new research
6. Researchers Scale to assess the Severity of Epilepsy in Kids
7. More Research Required For COPD
8. Researchers identify the early makers of Neonatal Sepsis
9. OHSU Researchers Announce New Discovery
10. Skin Cancer Research To Go Global
11. Researchers Identify Gene Connected To Bipolar Disorder
Post Your Comments:
(Date:10/13/2017)... (PRWEB) , ... October 13, 2017 , ... ... agency serving communities in the greater Dallas, Miami, and Raleigh regions, is organizing ... fighting to overcome a rare and deadly chromosome abnormality. , After struggling since ...
(Date:10/13/2017)... ... ... The American Board of Family Medicine's (ABFM) Board of Directors has selected ... Dr. James C. Puffer upon his retirement. Dr. Newton will serve in the position ... the end of 2018. Upon assuming the role of President and CEO on January ...
(Date:10/13/2017)... ... ... Lori R. Somekh, founder of the Law Office of Somekh & ... and special needs planning attorneys. “Membership in ElderCounsel helps our office remain up to ... with elder law attorneys nationwide,” said Somekh. , ElderCounsel was founded ...
(Date:10/13/2017)... ... October 13, 2017 , ... Ellevate Network, the leading network for ... for action towards gender equality at their inaugural Summit in New York City in ... reached a social audience of over 3 million. To watch the Mobilize Women video, ...
(Date:10/13/2017)... ... October 13, 2017 , ... Coveros, a ... has been awarded a contract by the Center for Medicare and Medicaid Services ... accelerate the enterprise use of Agile methodologies in a consistent and high value ...
Breaking Medicine News(10 mins):
(Date:9/28/2017)... Cohen Veterans Bioscience and Early Signal Foundation ... and home sensors for real-time monitoring of patients with ... nonprofit organization focused on disruptive health solutions for rare ... system to record and integrate behavioral, cognitive, physiological and ... ...
(Date:9/25/2017)... --  Montrium , an industry leader in powerful ... Trial Master Files & Inspection Readiness Conference ( ... Services has selected eTMF Connect to ... a leading European contract research organization (CRO), will ... enable greater collaboration with sponsors, improve compliance and ...
(Date:9/22/2017)... , Sept. 22, 2017  As the latest Obamacare ... Bill Cassidy (R-LA) and Lindsey Graham ... that the medical device industry is in an odd ... tax, the 2.3% excise tax on medical device sales ... also want covered patients, increased visits and hospital customers ...
Breaking Medicine Technology: