Imputability and Criminal Defense: The Role of Mental Health

Facing criminal proceedings is a complex experience, which becomes even more delicate when issues related to the mental health of the suspect or defendant come into play. Understanding whether, at the time of the act, the subject 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 to 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 Imputability in the Criminal Code

In our legal system, imputability is the indispensable prerequisite for the application of punishment. Article 85 of the Criminal 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 imputable. He who has the capacity to understand and to will is imputable. 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, imputability ceases to exist or is greatly diminished.

Total and Partial Mental Defect

The law distinguishes between two main situations arising from infirmity. We speak of total mental defect (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 imputability. We speak instead of partial mental defect (Art. 89 c.p.) when the capacity is greatly diminished, but not excluded; in this case, the subject is held responsible 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 imputability.

The Bianucci Law Firm's Approach to Psychiatric Evaluation

Avv. Marco Bianucci, a lawyer with consolidated experience in criminal matters 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 evaluation or to monitor that ordered by the Judge, so that the client's clinical history and the impact of the infirmity on the alleged offense are correctly assessed.

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 defect, the goal is acquittal and, if necessary, the management of security measures (such as admission to a REMS) that replace custodial sentences, ensuring a treatment path rather than mere punishment.

Frequently Asked Questions

What is the difference between acquittal for mental defect and dismissal?

Dismissal occurs during preliminary investigations if there are no grounds to proceed, while acquittal for total mental defect 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 imputability.

Does the use of alcohol or drugs exclude imputability?

Generally no. The Italian Criminal Code is very strict on this point: if drunkenness or drug use is voluntary or negligent, imputability is not excluded or diminished. Imputability ceases to exist only 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 a total mental defect, the defendant is acquitted and does not go to jail. However, if the subject is deemed socially dangerous, the judge may apply a security measure, such as supervised release or, in more serious cases, admission to a Residence for the Execution of Security Measures (REMS).

Who decides whether to grant a psychiatric evaluation?

The evaluation 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 assessment, presenting medical documentation and party-appointed consultations that make the need to investigate the defendant's mental condition evident.

Request a Specialized Legal Assessment

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