The article examines the complex historical, ideological, psychological and political reasons that led in Italy to the abolition of the “dangerousness of the mentally ill” as a concept in ordinary psychiatric legislation through law no. 180 of 1978 while leaving it completely intact in penal legislation as regards the mentally ill perpetrators of crimes. The latter type of dangerousness has indeed been left in place also by the very recent law no. 9 of 2012 initiating the definitive superseding of the last psychiatric hospitals still operating in Italy after law no. 180, namely the secure units. The limitations and contradictions resulting both in practice and in principle from this glaring discrepancy are discussed and some possible solutions are put forward.
