kasatsiooni

Kasatsiooni refers to a legal remedy in some civil law jurisdictions that allows for the review of a lower court's decision by a higher court. This process is not typically a full retrial of the case but rather an examination of whether the lower court applied the law correctly. The focus is on legal errors, such as misinterpretations of statutes, procedural irregularities, or incorrect application of legal principles, rather than a re-evaluation of the facts presented.

The court of cassation, or supreme court, usually has the power to either uphold the lower court's decision, quash it and remand the case back to the lower court for reconsideration, or in some instances, issue a new decision itself. The grounds for cassation are generally limited to specific legal issues and do not allow for the introduction of new evidence or arguments that were not raised in the lower courts.

The purpose of cassation is to ensure uniformity and consistency in the application of law across the jurisdiction. It acts as a safeguard against arbitrary judicial decisions and contributes to the development of legal doctrine by clarifying the meaning and scope of laws. The specific procedures and scope of cassation can vary significantly between different legal systems.