Personality disorders and criminal responsibility in the Spanish supreme court.
The aim of this study is to determine how personality disorders (PDs) are viewed in relation to criminal responsibility (CR) within the jurisprudence of the Spanish Supreme Court. All sentences with PD from 2000 to 2006 were included. The most frequently occurring PDs are cluster B and nonspecific disorders, alongside another Axis I disorder. The Spanish Supreme Court admitted appeals on 50%, and sentencing criteria were changed in 25% of the cases. The most frequent outcome was in the first instance a minor reduction in CR and second full CR being upheld. The borderline PD and the comorbidity between a PD and an Axis I disorder are the variables associated with the decrease in CR. The assessment of CR in PD should be undertaken using the diagnosis as a base taking into account other elements, such as the type of PD, its seriousness, comorbidity, and relationship with the criminal behavior on trial.
Mohíno
Susana
S
C.A.S.M. Benito Menni, Hospital Psiquiátrico, Unidad B, Calle Dr. Antoni Pujadas 38-C, San Benito Menni 1, 08830, Sant Boi de Llobregat, Barcelona, Spain. susanamohino@terra.es
Pujol
Amadeo
A
Idiaquez
Itziar
I
D003415:Crime / Q000331:legislation & jurisprudence*; D005555:Forensic Psychiatry; D006801:Humans; D016743:Mental Competency / Q000331:legislation & jurisprudence; D028642:Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence*; D010554:Personality Disorders / Q000523:psychology; D012044:Regression Analysis; D012189:Retrospective Studies; D013030:Spain