kassatsioonimehhanisme

Kassatsioonimehhanisme refers to the legal mechanisms of cassation, a type of appeal process primarily found in civil law jurisdictions. In essence, cassation is a legal remedy that allows a higher court to review a lower court's decision, but with a limited scope. Unlike an appeal, which often involves a complete re-examination of both facts and law, cassation typically focuses solely on errors of law. The reviewing court does not re-evaluate the evidence presented at trial or hear new evidence. Instead, it examines whether the lower court applied the correct legal principles and procedures.

The primary purpose of cassation is to ensure the uniform interpretation and application of the law throughout the jurisdiction. It aims to correct significant legal errors that may have occurred in the lower court's judgment, thereby upholding legal certainty and consistency. If a cassation court finds that a lower court made a material error of law, it usually does not re-issue a new judgment itself. Instead, it will quash or annul the lower court's decision and typically remit the case back to a lower court for reconsideration, often with specific instructions on how to proceed in accordance with the correct legal interpretation.

The grounds for cassation are generally restricted to specific legal errors, such as misinterpretation of statutes, incorrect application of legal precedents, or procedural irregularities that fundamentally affected the fairness of the proceedings. The process is designed to be a final stage of review for legal correctness, rather than a retry of the case. This distinction is crucial in understanding the role and function of cassation mechanisms within a legal system.