Fetal Alcohol Syndrome as a Cause of Blame-Exclusion: A Criminological Analysis in Spain

Abstract

This research analyses the criminological and legal-criminal consequences of fetal alcohol spectrum disorder (FASD) on the criminal responsibility of people who commit a crime according to the Spanish penal system. FASD is a neurodevelopmental disorder caused by prenatal exposure to alcohol that results in alterations in a person's cognitive capacity, which in the future can affect the ability to understand the wrongfulness of their actions and even regulate their behaviour. Articles 20 and 21 of the Spanish Penal Code regulate the conditions under which a person may be exempted from criminal responsibility for mental disorders or cognitive impairments. This research aims to provide an interdisciplinary view of FASD in the context of Spanish criminal law, analysing whether it can constitute a reason for total or partial exoneration from criminal responsibility. To this end, a qualitative analysis of case law is carried out. The article explains how the courts have interpreted the disorder in relation to an element of the crime called culpability, highlighting the distinction between total exoneration and mitigating circumstances. While some people with FASD may lack full awareness of the illegality of their actions, others may retain partial responsibility. This study contributes, in turn, to the debate on FASD and criminal responsibility, emphasising the need for interdisciplinary collaboration between legal professionals, forensic experts and mental health professionals to ensure fair and evidence-based judicial decisions.