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Forensic psychiatry occupies a unique position at the intersection of mental health and law.
In Argentina, forensic psychiatry plays a crucial role in protecting both public safety and individual rights. The field continues to evolve in response to legal reforms, human rights standards, and the growing recognition of the importance of mental health in the criminal justice system.
Dr. Emilce Blanc and Dr. Maria Elina Grecco discussed the role of the forensic psychiatrist in Argentina during the International Forensic Psychiatry Lecture Series.
Palacio del Congreso de la Nación Argentina
Criminal Justice System Roles
The Argentine criminal justice system is based on the principles established in the Penal Code of the Nation and the procedural rules of each jurisdiction contained in the respective criminal proceedings codes. Historically, Argentina followed an inquisitorial model characterized by written proceedings and a central role for judges in the investigation process. In recent years, however, most jurisdictions have progressively adopted adversarial procedures, emphasizing oral hearings, prosecutorial investigations, and greater transparency.
In Argentina, forensic psychiatrists participate in criminal proceedings and aid the criminal justice agencies by means of several assessments. Regarding individuals charged with an offence, professionals are usually required to assess their present mental state and issues related to criminal responsibility, fitness to stand trial, and risk assessment, to name just a few.
By contrast, the provision of mental health care in correctional settings falls under prison health care services. The correctional settings operate under the supervision of the Ministry of Justice, which works in conjunction but independently of the judiciary. The professionals who work in these settings do not usually perform forensic psychiatric assessments.
Although both forensic psychiatrists and correctional professionals interact frequently, they serve different functions in the criminal justice system.
Forensic Psychiatric Assessments
One of the most important forensic psychiatric assessments concerns criminal responsibility. Article 34 of the Argentine Penal Code of the Nation may exempt individuals from criminal responsibility when, at the time of the offence, a mental disorder, intellectual disability, or altered state of consciousness prevented them from understanding the criminal nature of their actions or from controlling their behaviour. In such cases, the focus shifts from punishment to treatment and risk management through appropriate safety measures.
Another key area is the assessment of fitness to stand trial, which evaluates the individual’s mental capacity during legal proceedings, rather than at the time of the offence. A person is considered fit to stand trial when they can understand the charges and the judicial process, communicate effectively with their lawyer, make reasoned decisions, and participate meaningfully in their defence. When a mental disorder significantly impairs these abilities, the proceedings may be suspended until the individual regains the necessary abilities and skills to be able to fully participate in the criminal process. These evaluations are intended to safeguard due process and ensure a fair trial.
Correctional Settings
The correctional environment presents challenges for correctional mental health services. Argentina’s penitentiary system is highly fragmented. It consists of a Federal Prison Service and multiple provincial systems, each with different regulations, resources, and standards of care. Despite these differences, all correctional institutions operate under the framework of the Constitution of the Argentine Nation, the National Mental Health Law, the Prison Sentence Execution Law, and international human rights standards, such as the Nelson Mandela Rules.
In prisons, mental health professionals are responsible for psychiatric assessment, diagnosis, treatment, suicide prevention, crisis intervention, and risk assessments. Common psychiatric conditions include substance use disorders, personality disorders, and adjustment disorders. These are frequently associated with a history of social deprivation, violence, educational deficits, and early exposure to substance use. Mental health screening is performed shortly after admission to identify acute symptoms and prevent adverse outcomes.
Several challenges remain in the correctional setting. Limited funding and human resources, difficulties in referring patients to specialized psychiatric services, disruptions in treatment continuity due to transfers, poor continuity of care, and insufficient coordination with community mental health services after prison release negatively affect the provision and quality of mental health care. Furthermore, tensions may arise when participation in psychiatric treatment becomes linked to progression in the prison system, thus potentially interfering with the therapeutic relationship.
More broadly, greater coordination, and integration seem essential across the criminal justice system. Future improvements will require stronger collaboration between legal, correctional, and health care institutions, together with increased resources and more consistent standards of care.
For more details, watch the recording of the April 30, 2026, lecture, “The Role of the Forensic Psychiatrist in the Argentinian Criminal Justice System: Complexities and Challenges,” on our website.
Written by Dr. Emilce Blanc and Dr. Maria Elina Grecco.
