põhjustamine

Põhjustamine is an Estonian legal term that translates to causation or causing. It refers to the relationship between an act or omission and a resulting harm or event. In legal contexts, establishing causation is crucial for determining liability, whether in criminal or civil law.

There are generally two main aspects of causation considered in law: factual causation and legal causation. Factual causation, often referred to as the "but for" test, asks whether the harm would have occurred but for the defendant's actions or inactions. If the harm would have occurred regardless, then factual causation is not established. Legal causation, also known as proximate cause or adequate cause, goes further. It considers whether the defendant's actions were a sufficiently direct or foreseeable cause of the harm. Even if factual causation is present, legal causation may not be if the harm was too remote or the result of an intervening event that broke the chain of causation.

In Estonian law, similar principles are applied. When analyzing criminal responsibility, the prosecution must prove beyond a reasonable doubt that the accused's conduct caused the prohibited outcome. Similarly, in civil liability cases, a claimant must demonstrate that the defendant's wrongful act or omission caused their damages. The specific tests and considerations for establishing causation can vary depending on the type of offense or claim and are interpreted by the courts based on case law and legal doctrine. The concept of causation is fundamental to attributing responsibility and ensuring justice within the legal system.