Legal and Social Aspects Regarding the Role and Incidence of Mental Disorders in Criminal Behavior

Abstract

In this paper, we aim to analyze several legal and social aspects regarding the way some mental disorders affect individuals' behavior, leading them to become antisocial and/or criminal. To this end, we will first refer to the meaning of the phrase “antisocial behavior” and to the legislative framework designed to censor and penalize such behaviors. Then, we will discuss mental disorders most associated with criminal behavior: antisocial personality disorder (ASPD), psychotic disorders, schizophrenia spectrum disorders, paranoid personality disorder (PPD), psychopathic personality, etc. In this context, we will address the distortions that the affected individual's mind might undergo regarding reality and the concept of truth, some crimes committed by individuals suffering from such disorders, and the extent to which these behaviors affect discernment and, implicitly, criminal liability. Furthermore, we will also discuss how the judicial system manages these situations.