Kassatsioonikaebus

Kassatsioonikaebus is a legal remedy in Estonian criminal and civil procedure. It is an appeal filed with the Supreme Court against a decision made by a lower court, typically the Court of Appeal. The primary purpose of a kassatsioonikaebus is to review the legality of the lower court's decision, not to re-examine the facts of the case.

This type of appeal focuses on whether the lower court correctly applied the law and followed proper procedural rules. It is not an opportunity to present new evidence or arguments that were not raised during the previous proceedings. The grounds for a kassatsioonikaebus are generally limited to alleged violations of substantive law or significant procedural errors.

The Supreme Court, when reviewing a kassatsioonikaebus, does not conduct a new trial. Instead, it examines the case file and the arguments presented in the appeal. If the Supreme Court finds that the lower court's decision was unlawful, it may overturn the decision, amend it, or send the case back to the lower court for a new review. The Supreme Court's decision is final and cannot be further appealed. Filing a kassatsioonikaebus is a significant step in the legal process and usually requires legal representation.