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A Journal on Forensic Medicine
Minerva Medicolegale 2005 March;125(1):1-8
Drug abuse and responsibility. medicolegal aspects
Arcangeli M., Durante C., Premate A., Vaccaro M.
The authors have examined the peculiar characteristic of the substance alcoholic and narcotic in degree to influence the psychic functions of the individual and, therefore, on the ability to mean and of wanting of the subject. In the enforced norm interpretative difficulties exist among habitualness (extended use) with symptoms immediately connected to the phase of assumption and lack and chronic poisoning characterized by more stable alterations. It serves to such end remember the differentiation operated by the criminal code between chronic and habitualness of a poisoning. The first one can reach to constitute an element of exclusion of the responsability, the second doesn't exclude and doesn't attenuate, representing on the contrary an aggravating circumstance (art. 94, first and third paragraphs).