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Attorney-at-law Aivar Pilv explained in the ETV program “Impulss”
Attorney-at-law Aivar Pilv explained in the ETV program “Impulss” – “Actions of the Prosecutor’s Office on the basis of one corruption case”, aired on 06.02.2024, why the charge filed against his defendant and the other accused on the bases of KarS § 294 lg 2 p-de 3 and 4, § 300 lg 1, did not meet the requirements of the law, and of the generally accepted principles of the the case law, and raised serious questions about the justification discussing such quality accusations in court proceedings.
Based on the charges filed, employers of the Registers and Information Systems (RIK) were accused of taking bribes in public procurement of computers organized for state institutions, violating the requirements of public procurement in order to give advantages to the participants involved in the procurement proceedings.
The large scale shortcomings and inconsistencies, incorrect legal assessments (especially the obvious contradictions with the factual circumstances actually established) of the prosecution, as brought out the by defense attorneys found confirmation and sharp criticism in the decisions of the Harju County Court, as well as in Tallinn District Court. The defendants were acquitted. According to the courts, the indictment prepared by the prosecutor’s office did not correspond to the quality requirements formulated by the Supreme Court.
On the TV show, additionally, the representatives of the State Prosecutor’s Office, of KAPO and of the Estonian Bar Association expressed their thoughts and views on the application of procedural principles in criminal proceedings, but also about the questions raised by the Supreme Court.
An additional overview of the criticism made by the courts in this case can be found here: https://majandus.postimees.ee/7849924/kohus-ei-tuvastanud-riki-ametnike-tegevuses-kuritegusid?utm_source=email&utm_content=7849924
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