Nõutatav

Nõutatav is a term used in Estonian law to describe a legal situation where a person is required to provide evidence or proof of their innocence or the truthfulness of their statements. This concept is particularly relevant in criminal proceedings, where the burden of proof typically lies with the prosecution to prove the defendant's guilt beyond a reasonable doubt. However, in certain circumstances, the court may impose a burden of proof on the defendant, requiring them to provide evidence to support their claims or to disprove the allegations made against them.

The term "nõutatav" is derived from the verb "nõuda," which means "to require" or "to demand." In the context of legal proceedings, it refers to the court's order that the defendant must provide evidence or proof to support their position. This can occur in various situations, such as when the defendant is accused of a crime but denies the allegations, or when the defendant wishes to challenge the evidence presented by the prosecution.

The imposition of a burden of proof on the defendant is a discretionary power of the court, and it is typically exercised in cases where the defendant's position is not clearly established or where the evidence presented by the prosecution is weak or circumstantial. The court may also consider the defendant's credibility, the strength of the evidence, and the overall fairness of the trial when deciding whether to impose a burden of proof on the defendant.

In summary, nõutatav is a legal term used to describe a situation where the defendant is required to provide evidence or proof to support their claims or to disprove the allegations made against them. This concept is an important aspect of the Estonian legal system, ensuring that the burden of proof is fairly and appropriately distributed between the prosecution and the defendant.