GUILT FROM THE PERSPECTIVE OF NEUROSCIENCE AND CRIMINAL LAW: OVERCOMING THE NOTION OF FREE WILL

Abstract

This article deals with the developments resulting from the understanding of culpability and the changes based on free will with the support of neuroscience together with criminal law, problematizing the revolution of the new scientific conception and its reflections on the legal system, thus, intending to question the manifestation of the individual's will, his decisions and his power to act in another way consciously associated with culpability based directly on the individual's free will and establishing a relationship between culpability based on freedom according to the perspective of neuroscience and criminal law with the aim of finding a balance between the two aspects, as a way of looking for a middle ground so as not to judge solely based on culpability based on free will, considering the elements that link social factors, the ways in which the brain works and the legal-criminal vision for this way establish a balance between the two sciences as the fairest way without violating and guaranteeing the fundamental rights of the individual.