Apelleerimine

Apelleerimine, in Estonian law, is the process by which a party challenges a decision made by a lower court or an administrative body by asking a higher court to review the decision. The aim is to correct legal errors, misinterpretations of evidence, or procedural irregularities that may have affected the outcome.

The scope of apelleerimine covers civil, criminal, and administrative decisions, with the applicable rules depending on the case type and jurisdiction. Appeals are typically directed to an appellate court, such as the Court of Appeal (ringkonnakohus) in Estonia, or, in certain circumstances, to the Supreme Court (riigikohus). Time limits, forms, and required documentation vary by procedure and case category.

Grounds for appeal commonly include incorrect application or interpretation of the law, errors in the assessment of evidence, or violations of procedural rights that could have influenced the decision. Some issues may be limited to questions of law, while others may permit review of certain factual findings, depending on the jurisdiction and procedure.

Procedure usually begins with filing an appeal petition (apellatsioonkaebus) with the court that issued the decision or with the appropriate appellate court. The petition outlines the grounds for appeal and the relief sought, such as reversal, modification, or remand for further proceedings. The process may involve written submissions and, in some cases, an oral hearing. Deadlines must be observed, and failures to comply can lead to dismissal.

Outcomes of apelleerimine include upholding, reversing, or modifying the lower-court decision, or sending the case back for reconsideration. Depending on the jurisdiction, further remedies to higher levels may be available, such as cassation or further appeals to the Supreme Court.