Abstract

VILLAREJO RAMOS, A. Psychiatric-forensic analysis of the legal concept of outburst. Cuad. med. forense [online]. 2017, vol.23, n.1-2, pp.54-65. ISSN 1988-611X.

An outburst, as an extenuating circumstance of criminal liability under Spanish law, psychopathologically corresponds to the emotion of anger. In this article, we identify the common legal and psychopathological elements of both concepts (presence of stimuli, provocation of emotional reactions, trigger of conduct). We study anger as a psychological and psychiatric construct (abnormal existential reactions) and try to establish criteria for the medical and legal diagnosis of anger-derived conduct. Study of stimuli, of the subject’s personality, their biography and current circumstances, analysis of the emotions provoked, and of the offensive behaviour in question and repercussions on the cognitive and volitional spheres. The global observation of all these elements will enable a psychiatric and forensic diagnosis that allows the court to apply the mitigating circumstances of fit of rage as required

Keywords : Outburst; Emotion; Anger; Existential reaction.

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