Criminal Responsibility and Defense: The Role of Mental Health

Facing criminal proceedings is a complex experience, which becomes even more delicate when issues related to the defendant's or accused's mental health come into play. Understanding whether, at the time of the offense, the individual was fully aware of their actions is fundamental to establishing punishability. As an expert criminal lawyer in Milan, Avv. Marco Bianucci deals daily with cases where the assessment of the capacity to understand and will is the crucial turning point of the defense strategy. The goal is not to evade justice, but to ensure that the law is applied correctly, protecting those who, due to infirmity, were unable to self-determine.

The Concept of Criminal Responsibility in the Penal Code

In our legal system, criminal responsibility is the indispensable prerequisite for the application of punishment. Article 85 of the Penal Code establishes that no one can be punished for an act provided by law as a crime if, at the time it was committed, they were not criminally responsible. A person is criminally responsible if they have the capacity to understand and to will. The capacity to understand is the subject's ability to comprehend the social value and disvalue of their actions; the capacity to will is the power to control one's impulses and to determine oneself autonomously. If even one of these two components is missing due to an infirmity, criminal responsibility is lost or greatly diminished.

Total and Partial Mental Incapacity

The law distinguishes between two main situations arising from infirmity. We speak of total mental incapacity (Art. 88 c.p.) when the state of infirmity is such as to totally exclude the capacity to understand or to will; in this case, the defendant must be acquitted because the act does not constitute a crime due to lack of criminal responsibility. We speak instead of partial mental incapacity (Art. 89 c.p.) when the capacity is greatly diminished, but not excluded; in this case, the individual is liable for the crime, but the penalty must be reduced. It is important to emphasize that emotional or passionate states, except in exceptional cases that lead to pathology, do not exclude or diminish criminal responsibility.

The Bianucci Law Firm's Approach to Psychiatric Assessment

Avv. Marco Bianucci, a lawyer with extensive experience in criminal law in Milan, adopts a rigorous and scientific approach in managing these cases. The mere assertion of a disorder is not sufficient: it is necessary to demonstrate the causal link between the pathology and the committed crime. The strategy of the Bianucci Law Firm is based on collaboration with renowned party-appointed technical consultants (psychiatrists and forensic psychologists). Our task is to support the request for a psychiatric assessment or to monitor the one ordered by the Judge, so that the client's medical history and the impact of the infirmity on the alleged offense are correctly evaluated.

Technical defense is not limited to the trial phase but begins with an in-depth analysis of previous medical documentation. Avv. Marco Bianucci works to highlight how any pathology has affected the client's perception of reality or inhibitory capacity. In cases of total incapacity, the goal is acquittal and, if necessary, the management of security measures (such as admission to a REMS) that replace custodial sentences, ensuring a path of care rather than mere punishment.

Frequently Asked Questions

What is the difference between acquittal due to mental incapacity and dismissal?

Dismissal occurs during preliminary investigations if there are no grounds to proceed, whereas acquittal due to total mental incapacity is a judgment issued by a judge at the end of a trial or a simplified proceeding, which ascertains that the act was committed but the perpetrator is not punishable due to lack of criminal responsibility.

Does the use of alcohol or drugs exclude criminal responsibility?

Generally no. The Italian Penal Code is very strict on this point: if drunkenness or drug use is voluntary or negligent, criminal responsibility is neither excluded nor diminished. Criminal responsibility is only lost in cases of accidental intoxication or chronic intoxication that has caused permanent brain damage.

What happens if I am found incapable of understanding and willing?

If the judge recognizes total mental incapacity, the defendant is acquitted and does not go to prison. However, if the individual is deemed socially dangerous, the judge may apply a security measure, such as supervised liberty or, in more serious cases, admission to a Residence for the Execution of Security Measures (REMS).

Who decides whether to grant a psychiatric assessment?

The assessment is ordered by the Judge, even ex officio. However, the defense, guided by an expert criminal lawyer, plays a fundamental role in requesting such an examination, presenting medical documentation and party-appointed consultations that make evident the need to investigate the defendant's mental condition.

Request a Specialized Legal Evaluation

If you or a family member are involved in criminal proceedings and there are doubts about mental health conditions at the time of the offense, it is essential to act promptly. Thorough technical defense can make the difference between a conviction and an appropriate course of treatment. Contact Avv. Marco Bianucci at the Milan office to analyze the situation and assess the prerequisites for a psychiatric assessment.