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La incidencia de la estructuración subjetiva en la responsabilidad del psicótico en el acto criminal.

Abstract:

The psychopathology has attracted the interest of the authorities of the criminal justice system and mental health institutions in recent years, which is why the objective of determining the incidence of subjective structuring in the responsibility was defined in the present investigation. of the psychotic in the criminal act, applying the descriptive, deductive, qualitative methodology, based on the application of the paradigm of indicial inferences, whose results evidenced the differences in the subjective structuring of two criminals, one perverse as Daniel Camargo and one psychotic as Charles Mason, in whom the phenomena of alignment, separation and parental relationship were analyzed, addressed from the psychoanalytic point of view by Freud, Lacan and Miller: in the case of the psychotic criminal there is guilt and enjoyment subsequent to the unleashing, while the perverse denies his criminal act despite being obvious, the psychotic he accepts it and rejoices over its commitment, to then request the punishment and suffer during its execution, observing also that while the perverse takes advantage of the legislation, the psychotic submits to it, although both justify their actions. In conclusion, it is necessary that criminal law establish a close relationship with psychoanalysis based on the science of criminology, so that through this technique the inmate diagnosed with some psychosis can receive treatment that can minimize his mental disorder and not aggravate it, not only for their own benefit, but for the welfare of society.