After Law no. 81/2014 has been finally implemented, the legal and Constitutional frame requires to modify the Criminal code either defining a new pattern for threatening mentally ill offenders, or getting rid of the tie between mental disorder and social dangerousness. In the meanwhile, judiciary decisions may play a determinant role in changing the broad frame according to the following guidelines: growing integration between mental health care services on territory and security measures sentencing; ceasing application of article 206 C.C., avoiding provisional security measures executed under detention in REMS (Residences for the execution of Security measures); the ultimate step in dismissing OPG (Judicial Psychiatric Hospitals). Focusing on future normative developments, it is time to introduce full criminal liability for mentally ill offenders towards the horizon of a fully enacted “right to punishment”.
Keywords: Italian Constitution and Mental Health; Judicial Psychiatric Hospitals; Judicial Measures; Social Dangerousness.
