en Juridica ajakiri 2025/10-11 http://www.juridica.ee/ http://www.juridica.ee/article.php?uri=2025_10-11_ekspertiiside_kvaliteedi_tagamine_eestis_kriminaalmenetluses_l_bi_viidava_ps_hikaeksperti&lang=en In Estonia, there is no data on the quality of mental health expert assessments. However, discussions with judges, parties to court proceedings, experts, and professional association representatives linking these groups reveal recurrent concerns: fluctuating quality of expert assessments; unskilled or inappropriate questions submitted to experts, sometimes resulting in answers that exceed the boundaries of the expert’s competence; the ordering of expert assessments where they are unnecessary; and failure to order them where they are needed. These problems arise in both criminal and civil proceedings. In this article, the authors explain, drawing on scholarly literature, the importance of mental health expert assessments and, consequently, the significance of their quality. They then analyse the legal framework in Estonia concerning the assurance of mental health expert assessments and identify the key actors responsible for ensuring quality. The approach is critical: in addition to mapping the current situation, the authors also propose changes to the system. While the authors focus primarily on mental health expert assessments carried out in criminal proceedings, certain aspects of civil procedure are also addressed for comparative purposes, given the authors’ background. 2025-12-15 16:18:42 Anneli Soo, Annegrete Palu, Mari-Liis Mägi, Sten Lind http://www.juridica.ee/article.php?uri=2025_10-11_soovitused_kvaliteetsete_ps_hikaekspertiiside_tegemiseks_kriminaalmenetluses&lang=en In Estonia, mental health expert assessments are divided into forensic psychiatric assessments, psychological assessments, and combined forensic psychiatric and psychological assessments. The latter are conducted jointly by a psychiatrist and a clinical psychologist. The formal requirements for mental health expert assessments are set out in § 107 of the Code of Criminal Procedure, while a minimal substantive requirement can be derived from clause 98 (2) 3) of the Code of Criminal Procedure, which stipulates that an expert must ensure that their examinations are comprehensive, complete, and objective, and that their expert opinion is scientifically justified. The remaining aspects related to substantive quality have been left by the legislator to be shaped through case law and professional expert practice. Based on scholarly literature, this article provides an overview of the best international practices concerning the content of mental health expert assessments and formulates recommendations accordingly. These recommendations are intended to guide experts in conducting assessments and to assist practitioners in evaluating the quality and admissibility of an expert report as evidence. The first part of the article provides an overview of what constitutes a mental health expert assessment and who is qualified to conduct it. The second part outlines what should be done within the scope of a mental health expert assessment and what considerations should guide the process. The third part focuses on what the final result should look like, regardless of the specific type of assessment ordered by the practitioner. 2025-12-15 16:29:25 Mari-Liis Mägi, Annegrete Palu, Anneli Soo, Tambet Grauberg, Madis Parksepp http://www.juridica.ee/article.php?uri=2025_10-11_kas_siseveendumus_v_i_statistiline_regressioon_retsidiivsusriski_t_endusp_hine_hindamine_&lang=en In criminal proceedings, the analysis and prediction of human behaviour is a near-daily activity. In Estonia, courts must make predictive assessments, for example, when deciding on the detention of a suspect; when determining whether to suspend the enforcement of a sentence, taking into account the personality of the accused; when deciding on the early release of a convicted person; or when considering whether to impose post-sentence supervision. Predictive assessments are also required when applying or terminating involuntary psychiatric treatment for individuals with severe mental disorders. If one proceeds from the special-prevention principles of sentencing, the proportionality of previously imposed or potential future sanctions must be evaluated in relation to the risk of future unlawful behaviour in the situations mentioned above. Although the Supreme Court has repeatedly considered it necessary to clarify which circumstances a judge should take into account when making such predictive decisions, the authors consider that it still remains unclear how exactly courts should form their inner conviction and what types of evidence should be used to that end. Moreover, no attention has been paid to the predictive power of the recommended circumstances or factors with regard to recidivism, even though this ought to be the most important element in the context of prognosis. This article provides an overview of the nature of recidivism risk assessment, its evidence-based foundations, and possibilities for its application, primarily using conditional early release as an example. The aim of the authors is to initiate a broader discussion concerning the use of evidence-based methodology and expert opinion when making predictive decisions in the context of recidivism assessment. 2025-12-15 16:38:05 Margus Veem, Erkki Hirsnik, Tiina Kompus, Mari-Liis Mägi http://www.juridica.ee/article.php?uri=2025_10-11_juristide_l_bip_lemine&lang=en Burnout is a common problem among lawyers, yet it is often neither recognised nor effectively prevented. The purpose of this article is to draw attention to the prevalence of burnout syndrome within the legal profession and to encourage both lawyers and employers to identify signs of burnout and to consider measures for its prevention, along with the benefits such prevention offers to both employees and institutions. The article discusses the meaning of burnout and stress, the prevalence of burnout and mental disorders among lawyers, the risk factors for burnout, and preventive measures at both the individual and organisational levels. 2025-12-15 16:53:22 Marko Neeme, Eerik Kesküla http://www.juridica.ee/article.php?uri=2025_10-11_ps_hholoogia_eriteadmiste_usaldusv_rsus_ps_hhonoomiline_aspekt_ja_heausksed_ebat_psed_tlu&lang=en Specialised knowledge, as expressed in the opinions and estimations of professional psychologists, can have an impact on the opinions, evaluations and, ultimately, on the decisions of lawyers. However, the level of reliability and trustworthiness of the evaluations and opinions offered by psychology specialists is far from always being uniformly high and can vary considerably. The extent to which an evaluation can be trusted depends on the specifics of the actual juridical procedure (including the specifics of the actual circumstances of the event), relative importance of the statements provided by witnesses, victims and the accused within the total body of evidence, as well as on the field of special competence where the lawyer seeks advice. This paper presents a comparative review of the variability of reliability margins of evaluations provided by different fields of psychology. The review is based on the factual specialist knowledge and informed intuition of the author, with special emphasis placed on the value of knowledge derived from precise experimental measurements carried out within Psychonomic approaches to scientific psychology. Attention is drawn to the high value of Psychonomic actuarial approaches should the lawyers want to identify and realise the nature of erroneous statements provided by the witness bona fide. In addition to theoretical arguments, the author describes possible real criminal cases in order to illustrate the issues dealt with in the article. The author concludes the discourse with recommendations for the deployment of Psychonomic psychology specialist knowledge in the Estonian law enforcement system. 2025-12-15 17:03:14 Talis Bachmann http://www.juridica.ee/article.php?uri=2025_10-11_t_eotsing_ristk_sitluses_k_simuste_t_bid_ja_nende_m_ju_igusem_istmisele&lang=en One of the most important aspects of the functioning of the legal system is the reliability of witness testimony in court proceedings. Cross-examination is a procedural tool whose purpose includes verifying the accuracy and credibility of the evidence presented. Cross-examination can also be considered a method of obtaining evidence in which the questions asked are at least as important for establishing the actual facts as the answers provided by the witness. The effectiveness of cross-examination depends, in Estonia as elsewhere, largely on how and what the parties to the proceedings, lawyers and prosecutors, ask. This article provides an overview of the purpose of cross-examination, the different types of questions and their effects, the legal regulation of cross-examination in Estonia, and the types of questions used in cross-examining adults in Estonia. It further considers how these practices align with recommendations found in scholarly literature and the Estonian legal framework. The article seeks to answer the question of whether lawyers and prosecutors follow evidence-based questioning practices or whether procedural strategy and tactical considerations have a greater influence. At the same time, the article aims to help practitioners participating in court proceedings recognise and understand the reasons and objectives for using different types of questions, thereby enabling them to more effectively fulfil their roles in the cross-examination of witnesses in court. 2025-12-15 17:10:34 Margit Gross, Jaanus Tehver http://www.juridica.ee/article.php?uri=2025_10-11_infokogumisest_ja_lekuulamisest_l_htuvalt_m_ndezi_printsiipidest&lang=en After the end of his mandate in 2016, former United Nations Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Juan E. Méndez convened an international working group. Following several years of work, this group produced a set of guidelines for conducting interrogations and information gathering entitled ‘Principles of Effective Interviewing in Investigations and Information Gathering’ (hereinafter referred to as the ‘Méndez Principles’) in 2021. This article describes the background of evidence-based principles for information gathering and interrogation from the perspective of legal psychology and provides a detailed introduction to the Méndez Principles. The author calls on legal scholars to analyse and propose ways in which the Méndez Principles could be applied within the Estonian legal framework, both for the purpose of collecting intelligence and in interrogations conducted in the context of criminal proceedings. 2025-12-15 17:16:17 Kristjan Kask http://www.juridica.ee/article.php?uri=2025_10-11_kommentaar_kristjan_kase_artiklile_infokogumisest_ja_lekuulamisest_l_htuvalt_m_ndezi_prin&lang=en The author does not share the romanticised vision that the legal framework and practice in Estonia are harmoniously aligned with the Méndez Principles. He argues that, in reality, this is not the case. Although the law in Estonia provides a fairly detailed description of the balance of rights, in practice, individuals subjected to procedural actions often report being placed in an ‘information vacuum’ (or that it is not taken into account that, in such circumstances, the person’s ability to understand their rights is impaired) or being subjected to prior gestures of authority that suppress their moral resistance to such an extent that they become willing to cooperate in any manner, including actions that are clearly self-damaging. Defendants have claimed that, after their intellectual resistance was broken, they simply agreed to sign the protocol. Unfortunately, these concerns cannot be properly verified because, in Estonia, proceedings still rely on paper files and paper-based protocols, with procedural instructions sometimes issued in an imperative tone by the investigator, telling the individual how to add the statement ‘The protocol has been prepared according to my words, read through, and corresponds to the truth’ at the end of the protocol. The best way to address these problems would be to begin documenting procedural actions using modern technical tools rather than methods from the previous century. 2025-12-15 17:32:10 Andrei Svištš http://www.juridica.ee/article.php?uri=2025_10-11_v_ruskumused_k_itumismustrite_hindamisel_kas_silmside_asemel_peaks_t_helepanu_suunama_est&lang=en The assessment of the veracity of statements plays a central role in information gathering. Unlike general principles of interviewing, there is currently no evidence-based and reliable methodology for determining whether the information provided by an interviewee is truthful. Methods have been developed aiming to distinguish between truthful and untruthful statements (including falsehoods) based on sentence structure, word choice or the behavioural patterns of the interviewee. With regard to interviewee behaviour, a common belief is that lies can be detected through specific non-verbal cues, such as avoiding eye contact or displaying restless movements. Such beliefs are widespread among both experts and ordinary people, although empirical data collected to date suggest that these associations are generally weak or absent. This article provides an overview of the most commonly cited non-verbal behavioural patterns thought to indicate truthfulness or deception in interviewees’ statements. The article draws attention to widely held misconceptions and overestimations concerning non-verbal behaviour. Conversely, it highlights gestures, which have traditionally received limited attention, showing how they differ from other behavioural patterns and why they deserve closer observation. The article explores the central role of gestures in various psychological processes closely linked to speech and communication. Consequently, it discusses the adequacy of monitoring and analysing gestures in the evaluation of statement veracity. 2025-12-15 17:41:24 Remy Suurna, Valeri Murnikov http://www.juridica.ee/article.php?uri=2025_10-11_traumateadlik_l_henemine_seksuaalv_givalla_juhtumites&lang=en The aim of this article is to provide an overview of the principles for handling victims of sexual violence in legal proceedings in a manner that takes into account their traumatic experience. The article has been written collaboratively by psychologists and a prosecutor to offer perspectives from different professional standpoints. The discussion is centred on the viewpoint of the victim, examining the state in which a person may find themselves as a result of the experience and the resources required to restore their subjective well-being within a reasonable timeframe. Within the context of procedural actions, the article outlines how to support the victim throughout the judicial process, enabling them to provide as much information as possible about the incident while minimising further harm to their mental health beyond the damage already caused by the event. Specifically, the article explores the impact of traumatic experiences on a person’s functioning to facilitate a better ‘understanding’ of the victim, with a particular focus on cases of sexual abuse. Drawing on practical courtroom experiences, it reflects on which approaches are beneficial and which are less effective when the procedural process centres on a trauma-affected individual. Finally, the article jointly formulates recommendations for preparing trauma-affected individuals to participate in proceedings, supporting them during procedural actions (including participation in court), and assisting their reintegration into everyday life once a judicial decision has been made. 2025-12-15 17:47:39 Saskia Kask, Monika Vändra, Kaia Kastepõld-Tõrs http://www.juridica.ee/article.php?uri=2025_10-11_eesti_noorte_radikaliseerumine_p_hjused_ja_sobiva_deradikaliseerumisprogrammi_alused&lang=en In recent years, the spread of extremist ideologies and the mobilisation of individuals into extremist organisations have become a serious challenge for many countries. This threatens social cohesion, fosters polarisation, and increases the risk of politically motivated violence. Although radicalisation is often associated with adult activities, it has become an increasingly significant issue among young people, whose susceptibility, need for belonging, and search for identity make them vulnerable to extremist ideologies. In the Estonian context, direct encounters with radicalised youth have so far been limited. Nevertheless, there have been cases that clearly indicate both the existence of the problem and its growing relevance. This article is based on Jana Laht-Ventmann’s master’s thesis, defended at the University of Tartu, and examines the mechanisms of youth radicalisation and deradicalisation in Estonia. Drawing on interviews with Estonian experts as well as an analysis of intervention programmes in Northern and Central Europe, the article seeks to answer the following questions: what are the causes of radicalisation among young people in Estonia; which intervention methods are suitable for radicalised Estonian youth; and what principles should underpin a deradicalisation programme implemented in Estonia? 2025-12-15 17:57:18 Jana Laht-Ventmann, Heidi Maiberg http://www.juridica.ee/article.php?uri=2025_10-11_alaealistele_igusrikkujatele_suunatud_mittekaristuslikud_sekkumised_eestis_uuringul_p_hin&lang=en This article provides an evidence-based overview of non-punitive interventions applied to juvenile offenders in Estonia following the 2018 juvenile justice reform. The reform aimed to shift from punitive to rehabilitative approaches, treating minors as children in need rather than as criminals. Drawing on a study commissioned by the Ministry of the Interior in 2024, the article analyses the scientific foundations, implementation practices, and effectiveness of various non-punitive measures used in Estonia between 2018 and 2023. The study draws upon literature reviews, interviews with professionals, and data from the Estonian Police and Border Guard Board. Key findings indicate that juvenile delinquency is influenced by a combination of socio-economic, familial, individual, and community factors. The most effective interventions, such as verbal warnings and family discussions, are tailored to the child’s risk level and developmental needs. Statistical analysis shows a significant increase in the use of non-punitive measures, which by 2023 accounted for 65 per cent of all interventions. However, regional disparities, limited access to services, and sometimes insufficient inter-agency cooperation remain challenges. The study concludes that while the reform has improved outcomes, further efforts are required to ensure consistent, child-centred, and restorative practices across Estonia. 2025-12-15 18:12:34 Merle Mägi, Ene Tubelt, Janika Bachmann http://www.juridica.ee/article.php?uri=2025_10-11_miks_nimby_v_itleb_suurprojektide_vastu_&lang=en In recent years, resistance to various development projects has increasingly surfaced in administrative practice, particularly in connection with the establishment of new energy, infrastructure or industrial facilities. This type of behaviour is often referred to as NIMBY, an acronym for ‘Not In My Back Yard’. In this article, we examine NIMBY primarily in the context of wind-energy projects. The concept of NIMBY is frequently misused by placing all opponents of a project into the NIMBY category, even though true NIMBY attitudes are only displayed by those who, despite supporting the project in principle, oppose the construction of a wind farm in a location that is important to them. Opposition is often regarded as stemming from selfish motives; however, resistance may arise from several different sources: general opposition to everything, negative attitudes among important close persons, environmental considerations, political views, low trust in the local authority or the developer or inadequate public participation. There can be a significant difference between participation and participation. Public participation is not solely the task of the state; an effective process requires cooperation between the developer and the state, with roles clearly divided. The success of participation does not depend only on the level of detail prescribed by law but on how substantively the participatory process is planned. Meaningful participation also includes identifying a suitable location for a wind farm. It is known that a wind farm planned next to industrial areas or alongside railways or roads is more likely to face less opposition due to the chosen location, while a visually attractive natural area is far more likely to provoke stronger resistance. Additionally, the timing, purposefulness, and effectiveness of participation are factors that significantly influence both the presence of opposition and the ability to overcome it. Successful participation does not consist solely of organising public meetings but requires continuous communication between the parties involved, including face-to-face interaction. By taking into account both the factors that facilitate resistance and those that reduce it, it is possible, through successful planning and well-considered participation, to make the process smoother. 2025-12-15 18:37:10 Katarina Kliit, Elina Lumiste