Vastuseväärus

Vastuseväärus refers to a concept in Estonian law concerning the inadmissibility of evidence obtained illegally. It is rooted in the principle that evidence obtained in violation of fundamental rights or legal procedures cannot be used to prove a case in court. This principle aims to protect individual liberties and ensure fairness in legal proceedings.

The application of vastuseväärus is not automatic. Courts must assess whether the illegality in obtaining the evidence was significant enough to warrant its exclusion. Factors considered often include the nature of the rights violated, the intent of the authorities, and the potential prejudice to the accused. For instance, evidence obtained through torture or illegal searches would likely be deemed vastuseväärus.

The purpose of this rule is to deter law enforcement from engaging in unlawful conduct and to maintain public trust in the justice system. If illegally obtained evidence were routinely admitted, it would undermine the very principles of justice it is meant to uphold. While there can be debate in specific cases about whether evidence meets the threshold for vastuseväärus, the underlying principle remains a cornerstone of Estonian criminal procedure.