Abstract

ZAFFARONI, Eugenio Raúl; BATISTA, Nilo; ALAGIA, Alejandro  and  SLOKAR, Alejandro. Nonimputability and semi-liability for mental illness or incomplete or delayed mental development. Rev. Epos [online]. 2015, vol.6, n.2, pp. 141-154. ISSN 2178-700X.

The present article - extracted from an unpublished chapter of the collective work Direito Penal Brasileiro (Revan) - addresses the Penal Code's provisions on criminal irresponsibility or diminished criminal responsibility due to "mental illness", "mental health disorder" or "incomplete or retarded mental development". These concepts and their use in criminal justice practices are exposed and criticized. The mitigation of punishment derived from diminished criminal responsibility is, for the authors, mandatory. The article accounts for the shifts that the legal discipline of security measures has undergone since the psychiatric reform act.

Keywords : criminal irresponsibility and diminished responsibility; mental illness; incomplete or retarded mental development.

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