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Insanity defense and social dangerousness: A comparative study between China and Italy
Huan Wan1, Giovanna Parmigiani2, Stefano Ferracuti3
1Criminal Justice School, Zhongnan University of Economics and Law, 430073 Wuhan, China.
This study compares forensic psychiatric evaluations for criminal responsibility and social dangerousness in China and Italy. It highlights the need for harmonized, transparent standards in evaluating offenders with mental disorders.
Area of Science:
- Forensic Psychiatry
- Criminal Law
- Psychiatry
Background:
- Determining criminal responsibility and social dangerousness for mentally disordered offenders is complex.
- Forensic psychiatric evaluation practices vary significantly across jurisdictions.
- Cross-national comparisons can identify opportunities for harmonization.
Purpose of the Study:
- To compare forensic psychiatric evaluation processes in China and Italy.
- To analyze the assessment of criminal responsibility and social dangerousness in both jurisdictions.
- To underscore the importance of cross-national research for unified standards.
Main Methods:
- Comparative analysis of forensic psychiatric evaluation practices.
- Examination of legal frameworks and assessment methodologies in China and Italy.
- Qualitative review of relevant literature and case studies.
Main Results:
- Significant differences exist in the forensic psychiatric evaluation processes between China and Italy.
- Specific methodologies for assessing criminal responsibility and social dangerousness were identified and contrasted.
- Potential areas for harmonization were highlighted based on shared principles and challenges.
Conclusions:
- Comparative research is essential for developing unified and transparent standards in forensic psychiatry.
- Harmonizing practices can improve the consistency and fairness of evaluations for mentally disordered offenders.
- Further research is needed to explore the practical implementation of harmonized standards globally.
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