عنوان انگلیسی مقاله:
Forensic psychiatric evaluations of defendants: Italy and the Netherlands compared
ترجمه فارسی عنوان مقاله:
ارزیابی روانپزشکی پزشکی قانونی از متهمان: ایتالیا و هلند در مقایسه
Sciencedirect - Elsevier - International Journal of Law and Psychiatry, 66 (2019) 101473: doi:10:1016/j:ijlp:2019:101473
Ester Messinaa,⁎, Stefano Ferracutib, Giuseppe Nicolòc, Mirella Ruggeria,d, Tijs Kooijmanse, Gerben Meynenf,
Background: Forensic psychiatric practices and provisions vary considerably across jurisdictions. The diversity
provides the possibility to compare forensic psychiatric practices, as we will do in this paper regarding Italy and
Aim: We aim to perform a theoretical analysis of legislations dealing with the forensic psychiatric evaluation of
defendants, including legal insanity and the management of mentally ill offenders deemed insane. This research
is carried out not only to identify similarities and differences regarding the assessment of mentally ill offenders in
Italy and the Netherlands, but, in addition, to identify strengths and weaknesses of the legislation and procedures
used for the evaluation of the mentally ill offenders in the two countries.
Results: Italy and the Netherlands share some basic characteristics of their criminal law systems. Yet, forensic
psychiatric practices differ significantly, even if we consider only evaluations of defendants. A strong point of
Italy concerns its test for legal insanity which defines the legal norm and enables a straightforward communication
between the experts and the judges on this crucial matter. A strong point of the Netherlands concerns
more standardized practices including guidelines and the use of risk assessment tools, which enable better
comparisons and scientific research in this area.
Conclusions: We argue that there appears to be room for improvement on both sides with regards to the evaluation
of mentally ill offenders. More generally, a transnational approach to these issues, as applied in this
paper, could help to advance forensic psychiatric services in different legal systems.
Keywords: Forensic psychiatry | Legal insanity | Italy | Netherlands | Risk assessment