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Published on: March 17, 2019
[The unitary interpretation of article 34 interjection first of the Argentinean Penal Code in forensic psychiatry]
1Psiquiatra Forense de la Corte Suprema de Justicia de la Nacion. robertolmgodoy@hotmail.com
Abstract:
The present essay is intended to oppose to the bipartite thesis of the capacity of penal culpability ("to be able to understand the criminality of the act or to be able to direct the actions"), a unitary thesis in which it seems biopsychologically impossible to direct the behaviour towards an object that hasn't been previously understood, nor a complete divorce of action from understanding (as it results from a maximum integration of the intellective, volitive and affective spheres of a dynamic psyche).
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