This short essay comments on a sentence of the Italian Supreme Court (Corte di Cassazione) which stated that a withdrawal crisis cannot possibly exclude by itself the criminal capacity of a drug addict offender. Current trends on criminal liability as related to drug and alcohol abuse, mental disorders and violent perturbations or passions are also reviewed, through both case law and the works of criminal law scholars, and some problems related to the compatibility of the current legal provisions with regard to the culpability principle are assessed.
Visconti, A., Nota di commento a Cassazione Penale, sez. VI, 20 aprile 2011, n. 17305, <<RIVISTA ITALIANA DI MEDICINA LEGALE>>, 2011; XXXIII (04-05): 1243-1248 [http://hdl.handle.net/10807/5756]
Nota di commento a Cassazione Penale, sez. VI, 20 aprile 2011, n. 17305
Visconti, Arianna
2011
Abstract
This short essay comments on a sentence of the Italian Supreme Court (Corte di Cassazione) which stated that a withdrawal crisis cannot possibly exclude by itself the criminal capacity of a drug addict offender. Current trends on criminal liability as related to drug and alcohol abuse, mental disorders and violent perturbations or passions are also reviewed, through both case law and the works of criminal law scholars, and some problems related to the compatibility of the current legal provisions with regard to the culpability principle are assessed.
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