apellatsioonid

Apellatsioonid are a formal mechanism for challenging a court or administrative decision by a higher authority. Their primary purpose is to correct errors in law, procedure, or, in some systems, certain factual aspects of the decision. An appeal is generally not a full re-hearing of the case; it relies on the record of the original proceedings and focuses on whether the decision was legally or procedurally sound.

Grounds and scope commonly include incorrect application or interpretation of the law, misapplication of statutes, procedural mistakes, or violations of due process. In many jurisdictions, appellate review is limited to questions of law and the sufficiency of the evidence, with courts giving deference to the trial court’s factual findings unless a clear error is shown. Some systems allow de novo reconsideration of facts in specific circumstances, or permit new evidence under narrow conditions.

Procedure and outcome typically involve several steps. A party must file a notice of appeal within a fixed time after the decision, followed by a detailed appeal brief outlining the grounds for challenge. The appellate court reviews the written record and may hold an oral hearing. Outcomes can include affirming the original decision, reversing or modifying it, or remanding the case to the lower court for additional proceedings. In many jurisdictions, certain appeals require permission or leave to appeal before they proceed.

Estonian context: In Estonia, apellatsioon is the appellate stage of civil and criminal proceedings. The main appellate court is the Ringkonnakohus (Circuit Court), with the Riigikohus (Supreme Court) handling cassation on specific grounds. Rules governing time limits and the exact grounds for appeal are set out in the relevant procedural codes.