Unfit for Punishment Due to Mental Disorder? The Challenge of Defining Fitness to Serve a Prison Sentence in Estonia

Abstract

Mental disorder poses particular challenges in determining fitness to serve a custodial sentence, yet in Estonian law, the concept remains legally undefined. Although proceedings may be terminated or the execution of a sentence deferred in cases of serious illness, the absence of clear criteria undermines legal certainty and shifts undue responsibility to medical experts. Drawing on legal analysis and neuropsychological insight, this article proposes four conceptual levels of fitness, ranging from physical survival to moral comprehension. Case law and scientific literature reveal that current regulation is structurally and substantively deficient, creating a risk that Estonia will violate constitutional and human rights guarantees by punishing those whose mental condition renders them unfit to serve their sentence.