theõigusvastase

Theõigusvastase is a term that translates from Estonian as "unlawful" or "contrary to law." It is a legal concept that describes an action, omission, or state of affairs that violates a legal norm. In Estonian law, theõigusvastase is a fundamental element of many offenses, including both criminal and civil wrongs. For an act to be considered unlawful, it must be prohibited by an existing law. This means that a person cannot be punished for an act that was not illegal at the time it was committed, upholding the principle of legality.

The determination of whether an act is theõigusvastase often involves considering various circumstances. There are certain grounds that can preclude the unlawfulness of an act, even if it would otherwise appear to be a violation of a legal norm. These defenses, often referred to as justifications or excuses, can include self-defense, necessity, consent of the victim, or acting within the scope of legitimate authority. When such grounds are established, the act, despite its outward appearance, is no longer considered unlawful. The burden of proof for these precluding circumstances typically lies with the party asserting them. Understanding theõigusvastase is crucial for comprehending the framework of Estonian jurisprudence and the principles of accountability within the legal system.