The New Face of Security Measures for the Insane Offender. Between Investigative Powers and Review by the Constitutional Court
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Abstract
The author examines two Constitutional Court’s decisions regarding the security measures applying to mentally ill offenders who are declared as socially dangerous. The discipline concerning criminal offenders affected by temporary insanity has been consistently modified by law no. 81/2014, which permanently dismissed judiciary psychiatric hospitals, replacing them with a totally different system of medical treatment. Analysing the Constitutional Court case law allows to describe the evolving scenario related to the effectiveness of social measures for people deemed incapable of discernment.
Keywords
- Mentally Ill Offenders
- Security Measures
- Art. 25 Italian Constitution
- Mental Health Protection
- Residence for the Execution of Security Measures
- Temporary Insanity
