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:11/25/2015)... ... November 25, 2015 , ... Dental professionals who would like ... , are invited to attend Dr. Mark Iacobelli’s Advanced Implant Mentoring (AIM) CE course. ... OH. , As the co-founders of Advanced Implant Mentoring (AIM), Dr. Iacobelli and ...
(Date:11/25/2015)... ... November 25, 2015 , ... Wimbledon ... programs, launches new Wimbledon Athletics Facebook page to educate the public, ... unsuspected cardiac abnormalities. About 2,000 people under the age of 25 die from ...
(Date:11/25/2015)... Chicago, IL (PRWEB) , ... November 25, 2015 , ... ... the assets of Tri Lite’s personal heating products business. Cozy Products explains ... low-wattage personal heaters that fit in well with the Cozy Products business model: to ...
(Date:11/25/2015)... ... 25, 2015 , ... SCOTTSDALE, AZ) - Today, Dr. ... both surgical and non-surgical treatments, announced the expansion of his private practice capabilities ... , Highly trained and nationally recognized for his natural approach, Dr. Todd ...
(Date:11/25/2015)... , ... November 25, 2015 , ... ... decades of music, friendships, and learning in its 65th Anniversary Brillianteen Revue, scheduled ... 5-6. , For 65 years, Brillianteen has been a treasured tradition ...
Breaking Medicine News(10 mins):
(Date:11/25/2015)... , November 25, 2015 Developmental, commercial, ... role in boosting the profitability of pharmaceutical products, ... commercial, and regulatory/legal strategies all play a ... says GBI Research . --> ... play a key role in boosting the profitability of pharmaceutical products, ...
(Date:11/24/2015)... November 25, 2015 The hope ... repeated failure of IVF cycles. After failure of over ... and had lost all hopes that she would be able to conceive ever. ... child conceived after failure of over 15 IVF cycles. ... before they decided to take one last attempt with Gaudium IVF ...
(Date:11/24/2015)... , Nov. 24, 2015  In the pharmaceutical ... in an effort to quickly uncover new insights, tactics ... --> --> However, organizations ... market research project and ensure that all rules and ... industry standards. Another major barrier to efficiently launching market ...
Breaking Medicine Technology: