Abstract: This essay provides an overview of arguments against the insanity defence. It upholds, that special defence for insanity should no longer be based on mental illness and should not create an exemption from culpability, or the definition of mental illness should be narrowed. It will outline why the insanity defence has outlived its practicality and efficiency; that the scope of the rules defining it is too broad and too narrow at the same time, and that if we follow the moral reasoning it