What happens when an accused person is declared unfit to stand trial?

By THE STAR STAFF

When a person accused of a crime is declared unfit to stand trial, they undergo psychiatric treatment and periodic follow-up evaluations until they are determined to be fit to stand trial or certified as permanently unprosecutable, at which point the charges are dismissed.

In Puerto Rico, some criminal proceedings can be paused or concluded without a traditional verdict due to determinations of non-prosecutability or not-guilty pleas, as explained by attorney Eileen Díaz Ortiz from the Legal Assistance Society (SAL by its acronym in Spanish) to Microjuris.

On Wednesday, a 17-year-old accused of murdering an Aibonito teenager in August was declared unfit to stand trial.

Non-prosecutability occurs when, at the time of trial, it is determined that the accused lacks the mental capacity to understand the judicial process. In such cases, the defense, the prosecution, or even the judge can initiate a special procedure under Rule 240 of the Criminal Procedure.

Díaz told Microjuris that key considerations include whether the accused understands the legal process and can assist in their defense. The individual must be able to communicate with their attorney, understand who the key legal figures are -- such as the judge and prosecutor -- what charges are being brought against them, and the potential penalties they face. This requirement reflects the principles of due process, ensuring that every person has the capacity to consciously face a criminal trial.

Activating Rule 240 suspends judicial proceedings to allow for a psychiatric evaluation. If the individual is found unprosecutable, they will begin receiving psychiatric treatment along with ongoing evaluations until they are deemed fit to stand trial or certified as permanently unprosecutable, leading to the dismissal of charges.

In contrast, a non-prosecution defense is raised during the trial itself. Here, it is acknowledged that the events occurred, but it is claimed that the individual lacked the mental capacity to form guilty intent (mens rea) at the time of the crime.

For someone to be declared unprosecutable, they must first be deemed prosecutable. If this defense is successfully proven, the court issues a verdict of “not guilty by reason of non-prosecution.”

After this determination, it is the responsibility of the court to evaluate the best placement for the individual.