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Minerva Medicolegale 2002 June;122(2): 73-80

language: Italian

Impulse crime between emotional and passionate states and mental disorder. The position of jurisprudence on the subject

Ritella M., Barbieri C.


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How is impulse crime treated juridically? The problem is addressed in this paper and special attention is paid to the solutions offered by jurisprudence. The type of mental disturbance presumed by impulse crime is of a transitory nature and lies at the borderline between mere state of emotional over-excitement and mental disease proper, all of which translates on the legal front into the application of arts. 90 and 88 (or 89) of the penal code with diametrically opposed consequences in terms of accountability. On the basis of this premise, the authors reconstruct the results of applying jurisprudence to the phenomenon in question and review compatibility with our positive law. At the end of the analysis, alternative solutions are proposed in relation to the present-day legal set-up and (more simply) de iure condendo.

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