In 1895, at the same time that Röntgen was making the first X-ray images, precursors of today’s neuroimaging techniques, Freud was writing Project for a Scientific Psychology, with the aim of making psychology a "natural science" capable of representing mental processes as quantitatively determined states of particles. Although the scenario had changed by that time, by 1920 he hoped that the amazing revelations of the methods of biological research would support his hypothesis in future. With regard to psychoanalytic intuitions of relevance to criminal law, e.g. the theory of "criminals by sense of guilt", the current question today is whether today’s cognitive neurosciences constitute the new methods of inquiry envisaged by Freud as providing biological grounds for his theories. This paper refers to recent studies on the biology of the brain which explore the basis of morality, as well as to other scientific works, which aim to understand where the Freudian unconscious is located - if such a thing exists - and what neurobiological properties it is provided with.
Keywords: Criminal law, Guilt, Guiltiness, Neurosciences, Psychoanalysis, Biology of the brain