The causal relationship between insanity and offense in post-Raso Italian case law

Abstract

This article explores the development and application of Italian case law since 2005 regarding the criminal responsibility of individuals with mental disorders, focusing on the landmark decision by the Joint Chambers of the Court of Cassation in the Raso case. This ruling transformed the interpretation of mental illness in the context of criminal responsibility. The article examines the impact of this shift, identifying diagnostic ambiguities and the challenges of applying the new standards, as well as the significant increase in insanity-related acquittals and the growing use of noncustodial preventive measures. The aim is to provide a critical overview of the legal and social consequences of these decisions, offering reforms and recommendations to improve the consistency and fairness of the Italian judicial system.

Keywords: Italian case law; Raso decision; criminal responsibility; legal insanity; mental disorders; mental functioning; personality disorders; symptomatic continuum.