Neurosis, trastornos neuróticos y del control de los impulsosTratamiento jurídico penal

Resum

ABSTRACT In Spain, a great number of crimes are carried out by people who suffer psychiatric disorder. Therefore, the judge o court may apply exemptions or exculpatory circumstances for the convicted. We found, among others, psychosis, mental disorder and substance abuse disorders. In these cases, the criminal legal treatment is well defined, conversely, not among neurosis and neurotic disorders. This PhD dissertation aimed to further understand and discuss the treatment of these disorders in Spanish law. In the present study, we revised all available databases judge decisions, including diagnosis of neurosis, neurotic disorders or impulse control disorder. We have found 368 judgements. Among them, the most frequently reported crimes are homicide / murder (19%), injuries (13%) and stole / theft (11%). Full imputabiliy have been declared in 30% of the cases, however among 70% of cases exemption (complete or incomplete) or mitigation has been applied. Only half of the judgements (54,3%) used a diagnostic terminology according to current diagnostic manuals (ICD-10, DSM-5). The remaining judgements included imprecise terminology and therefore, should not be used as jurisprudence in the future. In the resolutions where exemptions are applied only 56,25% of them request security measures (internment in a specialized center or medical treatment) for the convicted. In addition, a set of interviews with several professionals and experts related to the topic have been included. This PhD may contribute to improve law application in neurotic and impulse-control disorders.