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NEUROSCIENCES AND ITALIAN CRIMINAL LAW: IS DIALOGUE POSSIBLE? AND WHAT ARE THE PROSPECTS?
Abstract
Neurosciences, and in other words that series of disciplines which looks into the neuronal connections of human conduct, over the last few years have increasingly been influencing law, in particular Italian criminal law. This article intends to query the connections between neurosciences and criminal law, also observing a number of applications which have existed in recent years in Italy. On a more general note, neurosciences can be of assistance for ascertaining the impunity or reduced responsibility due to insanity; at the time of assessment of the psychological immaturity of the minor over the age of fourteen; in order to check the reliability of the declarations made by a person within a process and, further still, as far as assessment is concerned, in order to establish the element of the wilful intent in the offence, as well as in other spheres. Nevertheless, Italian criminal law is sometimes very severe and, therefore, the application and the use of neurosciences is not so implicit. Nonetheless there appears to be some room for encouraging the inclusion of neurosciences with a view to supporting Italian criminal law and this may represent the start of a new dialogic pathway between science and law.
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References14
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