People with Mental Health Conditions in The Face of Argentine Criminal Law The Rules of Non-Imputability and the Necessary Reform in Light of International Treaties and Law 26557

Authors: Zalazar C*

DOI: 10.23880/oajcij-16000106

Volume 1, Issue 1

Abstract

The new paradigms in mental health established by international conventions and legislation on the matter in Argentina (law 26557) have not been effectively received in the criminal sphere. This is so since interdisciplinary treatment is not applied for the purposes of determining the non-imputability of people (art. 34 of the Penal Code of Argentina), following the old slogan of psychiatry, nor is the dignity of the person respected. Who suffers from a mental illness? This has determined that in practice provisional or security measures result in the person who suffers from a mental illness and faces the criminal law, spending more time under said law than would have corresponded to him for the crime against him Impute. Human rights and the principle of conventionality require us to modify the matter.

Keywords: National Mental Health Law; Argentine Penal Code

View PDF