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Kes vastutab teadvalt ebaõige kohtulahendi eest?

202 kommentaari

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Kriminaalasjas nr 1-18-10374 mõistis Valga kohtumaja kohtunik Annemarie Gerassimov 23.04.2019 süüdi noormehe KarS § 200 lg 2 p 4 järgi kvalifitseeritavas kuriteos ning karistas nelja aasta ja kuue kuu pikkuse reaalse (!) vangistusega olukorras, kus prokurör leidis, et isikule mõistetav reaalne vangistus võiks piirduda vahi all viibitud ajaga kuni kohtulahendi tegemiseni (s.o. umbes kuus kuud)! 
 

See, et kohtunik otsustab võistlevas menetluses määrata oluliselt karmima karistuse kui seda nõuab prokurör, on pigem erandlik juhtum. Kas see on konkreetse kohtumaja eripära ei ole võimalik tagantjärgi ütelda. Samas see, mis omakorda maakohtu otsusele järgnes, peaks olema eraldi mõtisklemist vääriv.   

Foto: Unsplash fotopank
Kaitsja esitas apellatsioonkaebuse, kuid Tartu Ringkonnakohtu kolm kohtunikku – T. Lõhmus, A. Sarjas ja M. Kartau – leidsid 20.06.2019 kohtumäärusega, et kaitsja apellatsioon on täiesti perspektiivitu ja enamuses ei vääri apellatsioon isegi mitte sisulist läbi vaatamist !!!
 
Taolist Valga kohtumaja kohtuniku ja Tartu Ringkonnakohtu kolme kohtuniku tegevust on süüalusel raske mõista ja kaitsjal ka süüalusele raske selgitada, sest elame ju 21. sajandis, nõukogude aeg on möödas ja eeldame, et subjektiivsus, pahatahtlikkus on õigusriigis välistatud!      
 
Kaitsja pöördus Riigikohtusse ja 18.11.2019 määrusega rahuldati kaitsja määruskaebus ning Riigikohus leidis, et Tartu Ringkonnakohtu tegevus on olnud lubamatu, vastuolus seaduse ja Riigikohtu poolt kohtupraktikas varasemalt korduvalt esitatud selgitustega. 
 
Riigikohus on 18.11.2019 lahendis välja toonud, et kaitsja vaidlustas muu hulgas tõenditele antud hinnangu ja süüdistatava käitumise õigusliku kvalifikatsiooni, samuti talle mõistetud karistuse ning kohtu otsustuse rahuldada tsiviilhagi osaliselt.
 
Riigikohus leidis, et apellatsioon sisaldab väiteid, mida ei saa pidada õiguslikult asjakohatuteks ja mille suhtes on kohtul võimalik kujundada arvamus vaid kriminaalasja sisuliselt arutades. Lisaks ei ole ringkonnakohtu määruses toodud ära kohtupraktikas väljakujunenud seisukohti, mis võimaldaksid järeldada, et kaitsja kaebus on kõikides vaidluse alla seatud aspektides ilmselgelt perspektiivitu.
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Riigikohus on selgitanud, et ringkonnakohus on hinnanud valikuliselt apellatsioonis esitatud väiteid ja võttis selle läbi vaatamata jätmisest hoolimata sisulise seisukoha, et kaitsja argumendid ei vääri tähelepanu. 
 
Peale Riigikohtu lahendit pöördus klient kaitsja poole ja küsis, kas kohtud on teinud teadlikult ebaseadusliku kohtulahendi ja eiranud kohtupraktikat. Küsimus on õigustatud, kuid vastata sellele on keeruline.
 

Isik kes on kuriteo toime pannud väärib karistust, aga tsiviilühiskonnas peaks ta väärima ka õiglast ja seaduslikku õigusemõistmist! 

 
Antud juhtumil õigusriik toimis, sest sekkus Riigikohus, aga kas Riigikohus jõuab edaspidi alati sekkuda. Lootus jääb! 
 
Riigikohtu lahend nr 1-18-10374/38 on kättesaadav siin.

JAGA POSTITUST

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