This paper aims to unravel the subtle condition of imputability or impunity of the pathological gambler, starting from an awareness that, more than ever in this dimension, the thin line between the law and psychopathology is woven between ambiguity, responsibility, and "incapacity." It is this latter term that is proposed as the key terminology for clarifying that particular form of obsession/compulsion that renders those affected perfectly capable of understanding, but severely incapable of will.