NEUROSCIENTIFIC RESEARCH AND CRIMINAL LAW

Abstract

Criminal culpability has a double aspect as a limit of Criminal Law in a social and democratic State of Law and as a dogmatic category within the theory of crime. Its contents have been intended to be discussed by some neuroscientists because of reached advances in brain functioning research, reissuing the traditional discussion between determinism and free will. Here we adopt a compatibilist position according to which the solidity of a normative conception of culpability and personal or subjective responsibility is certified, but we affirm that is needed to remain attentive about the new discoveries that neurosciences can continue contributing