Victory in the Supreme Court
Some cases are so difficult that even the Supreme Court must hold an oral hearing.
This week the case that started in the beginning of 2021 reached an end in this court with its Chambers of Criminal Law decision to acquit a client of WALLESS Senior Associate Tanel Kask.
The Supreme Court had to consider many contextual details and review arguments from previous courts where the client was accused of physical abuse and threat. And even though we cannot reveal many details of the case, for Tanel Kask it was a great journey other lawyers might find interesting and useful from acquainting themselves with the court decision: https://www.riigikohus.ee/et/lahendid/?asjaNr=1-21-3307/43
We at WALLESS team find it important to say that in the judgment the Supreme Court expressed its views on the concept of a close relationship. It found that it is not always possible to look strictly independently at what is said or done by the person threatening in isolation from the rest of the context of the event or the relationship between the persons.
The Supreme Court also explained that a state of self-defense may occur, among other things, in the event of an attack which does not correspond to any offence and found that the unlawful attack may also be a significant and unacceptable violation of the private and intimate sphere of another person.