kassatsioonimenetlust

Kassatsioonimenetlust is a legal procedure in Estonian criminal and civil law that functions as a final appeal or review. It is a specific type of extraordinary remedy that allows a case to be reviewed by a higher court after a final decision has been made by a lower court. The primary purpose of kassatsioonimenetlust is to ensure the uniform application of law and to correct significant errors in the application or interpretation of legal norms.

The review in kassatsioonimenetlust is not an examination of the facts of the case. Instead, the cassation court examines whether the lower court correctly applied the relevant substantive and procedural laws. It does not re-evaluate evidence or hear new evidence. The grounds for cassation are typically limited to alleged violations of law that are considered fundamental or that have led to an incorrect outcome.

A party seeking kassatsioonimenetlust must file a cassation appeal within a specified timeframe. The cassation court then decides whether to accept the appeal for review. If accepted, the court will review the case based on the submitted documents and arguments from the parties. The cassation court can uphold the lower court's decision, overturn it, or remand the case back to the lower court for a new trial. This procedure is a crucial mechanism for ensuring legal certainty and justice within the Estonian judicial system.