The development of neuroscience and its impact on criminal culpability

Abstract

In recent decades, advances in neuroscience have sparked significant debate regarding their impact on criminal culpability and legal responsibility. The main objective of this study was to analyze the influence of neuroscientific discoveries on the determination of culpability within the criminal justice system, evaluating their integration and implications in legal practice. The methodology employed was a non-experimental design with a qualitative approach, based on two fundamental pillars: a systematic bibliographic review of doctrinal, scientific, and legal sources, and semi-structured interviews with experts in Criminal Law and neuroscience. A critical and comparative analysis was applied to identify relevant positions and trends. The results showed that, although the current criminal justice system is not fully prepared to incorporate neuroscientific advances, there is growing recognition of their usefulness in preventing unjust sanctions against individuals with neurobiological impairments affecting their voluntary control. Additionally, deficiencies were identified in traditional criminal doctrine and risks of arbitrariness due to the lack of knowledge of these advances among legal practitioners. Finally, it was concluded that integrating neuroscience into Criminal Law requires a profound doctrinal revision to allow a more equitable assessment aligned with the neurobiological reality of the individual.