The Analysis of Complex Forensic Psychiatry and Psychology Expert Assessments in Estonia

  • Kristjan Kask
  • Sandra Salumäe
Keywords: Expert assessments, forensic psychiatry, forensic psychology, capability of guilt, highly provoked state


Every year, several hundred forensic psychiatry and psychology expert assessments are conducted, on persons about whom an examination ruling has been issued by the body conducting proceedings. However, it remains unclear how frequent the cases are wherein the assessment identifies the presence of a mental or behavioural disorder. Therefore, 55 forensic psychiatric and psychological complex examination assessments, from 2011 and 2012, were examined. It was found that in nine cases there were conditions suggesting mental incapability according to the Penal Code’s Article 34, sections 1 to 5. The wording of questions in examination rulings demonstrates that direct guidelines would be needed for specifying how the questions should be formulated.