A cross-national comparative study on forensic psychiatric evaluation in Switzerland and Italy

Cross-national studies provide a valuable framework for examining how assessments of criminal responsibility in forensic psychiatry vary across psychiatric systems and legal contexts. This paper presents a comparative analysis of forensic psychiatric practice in Italy and Switzerland, two neighboring jurisdictions rooted in the Roman legal tradition, yet characterized by distinct trajectories in criminal law and forensic development. Particular attention is devoted to structural differences in psychiatric care, contrasting Italy's community-based model with Switzerland's predominantly hospital-centered system. The analysis further explores divergences in approaches to the assessment of recidivism risk and in expert evaluation methodologies, demonstrating how such variations reflect broader legal, institutional, and epistemological configurations. It also examines disparities in professional training, situating them within their respective cultural and practical contexts. These factors collectively shape the role of the forensic psychiatrist as an independent expert engaged in addressing complex questions concerning criminal behavior, criminal responsibility, and the interplay between psychopathology and free will within judicial proceedings. By identifying both convergences and divergences, this study underscores the value of comparative inquiry in advancing the field and contributes to ongoing efforts toward the development of more standardized international approaches in forensic psychiatry. It concludes by emphasizing the need for further research in this foundational domain, with the aim of enhancing the rigor, coherence, and cross-cultural validity of forensic psychiatric evaluations, particularly in the expertise report and assessment of recidivism risk.