ASPECTE CRIMINOLOGICE PRIVIND PROCESUL NEUROCOGNITIV ÎN MOMENTUL COMITERII FAPTEI PENALE

In this paper I analyzed some aspects regarding the neurocognitive process that accompanies the moment of committing the criminal act. The brain processes that cause behavior are influenced by interoceptive processes, the emotional state of the person reacting to the actions of the social environment and sensory stimuli. Cognitive control, the process of choice as a decision-making process is influenced by the psycho-emotional factor (limbic system). The neural process that acts before the conscious activity of the Ego, anticipates, prepares, and influences Consciousness of conscious intention. The sensory event disturbs the Ego of the perpetrator and triggers the opportunity to complete the process of the act (to achieve the result of the criminal act), which gives him pleasure and advantages, or triggers the moral function and the intervention of the Superego (Moral Court) which rejects and represses the conscious intention of the achievement the criminal act (the Superego censors the Id's pleasures). The principle of alternative decisions is also analyzed, which is based on the idea that the criminal punishment is legitimate only if the perpetrator could have decided otherwise. From a psychoanalytic point of view, Winnicott's idea is also presented, which believes that true guilt resides in the intention, in the unconscious intention. Libet's experiment (1983) suggests that there is a build-up of electrical potential before action, of any movement (bioelectric brain processes that unconsciously create the Readiness Potential). Readiness potential precedes conscious will.