La prueba pericial en la jurisdiccion penal en los consumidores de drogas y drogodependientesuna valoracion integral
- Enrique Esbec Rodríguez
- Enrique Echeburúa Odriozola 1
- 1 Universidad del País Vasco.
ISSN: 1576-9941
Année de publication: 2014
Volumen: 14
Número: 1
Pages: 189-215
Type: Article
D'autres publications dans: Psicopatología Clínica Legal y Forense
Résumé
For a long time, a direct relationship has been established between the crime and drug/alcohol abuse. However, the relationship between substance abuse and criminal behavior is not easy to establish. Do drugs or alcohol lead to crime or does delinquency encourage the consumption of these substances? The majority of alcohol/drug users do not become criminals. However, there are a number of people dependent on drugs who are involved in delinquency. This article examines how the Penal Code and the law regulate the liability of persons who have committed crimes under the influence of alcohol/drugs. The limitations of the legal system and the options available for forensic experts within the decision-making context in the courts are commented on. Some people who have committed crimes under the influence of alcohol/drugs are fully liable, but in some cases, substance dependence may constitute an exonerating or mitigating circumstance of criminal responsibility. The forensic report plays an important role in the decision made by the courts.