FROM HEALTH TO CRIMINAL IMPUTABILITY: NOTES ABOUT SCHIZOPHRENIA IN CONTEMPORARY

Abstract

It is necessary to consider the situation of the agent at the time of committing the crime, assessing whether he had the discernment to understand the illegality of his conduct and to determine himself according to such understanding. The objective of the present work was to verify whether schizophrenia is capable of altering individuals' sense of determination and 

understanding, disturbing them so that they may be unable, partially or totally, to behave in accordance with criminal law. Schizophrenic mental disorder, by altering the agent's perception and sense of determination, affects his behavioral capacity, influencing consciousness and volition during the criminal practice. Although it is not linked to an increase in violent behavior, the disorder is present in a large proportion of those convicted of criminal practices. In this sense, when investigating criminal liability, the psychological circumstances of the agent must be considered, assessing whether the presence of the disease was capable of affecting his behavior. Depending on the case, a security measure may be recommended, of a curative nature, aimed at improving the agent's mental health status. To clarify the topic, deeper and broader studies are needed, especially epidemiological studies on mental illnesses present in the prison population, including schizophrenia. This analysis of the relationship between mental illnesses and crime rates allows the establishment of more effective public policies and measures to combat the situation, both in terms of care for inmates and the reduction of recidivism and crime rates.