[Diminished culpability].

Abstract

One of the central matters in forensic psychiatry is its culpability. Day after day we, the mental health professionals, are subpoenaed in different courts of our country to assess the mental state of a given individual in order to endorse a judge so that he can issue their view pertaining the culpability and the responsibility of accused subjects. Our current National Criminal Code, dating from 1921, in Art. 34 sub 1 holds for culpability a dichotomous model in which an individual is responsible and must be accountable for his behavior or not responsible and in such case must no be held accountable in criminal courts. This dichotomous model often does not permit the correct analysis of the psychopathology making sometimes the psychiatrist to force a conclusion according to this paradigm imposed by Justice. As we all know reality does not reflect itself under discrete categories and notwithstanding this is the written norm, people, thoughts, emotions and behaviors manifest in dimensions where boundaries are not always clear. Hence, we are considering it necessary to give effect to the impulses for the reform of the existing Criminal Code to lead to diminish culpability.