HRS §704-403
When a mental or physical condition prevents a fair trial
If a person cannot understand the court process or help their own lawyer because of a physical or mental condition, they cannot be tried, convicted, or sentenced while that condition lasts. This rule protects people who are not able to participate in their defense.
courts
The statute, as written — Physical or mental disease, disorder, or defect excluding fitness to proceed
No person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against the person or to assist in the person's own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures.
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