Some Remarks Concerning Procedural Law: Judgment of the Criminal Chamber of the Supreme Court in Case 3-1-1-22-10

With its judgment of 26 May 2010 in Case 3-1-1-22-10, the Criminal Chamber of the Supreme Court upheld the judgment of the Tallinn Circuit Court, by which the conviction of V. Reiljan, T. Sild and A. Pärn of the crimes of demanding, arranging and promising gratuities, respectively, entered into force. This judgment is noteworthy for more than marking the end of a scandalous trial involving top politicians, an attorney and a respected businessman that had been the focus of media attention for years. At least as much attention should be paid to some of the legal opinions expressed in the judgment.

This article examines some of the opinions expressed by the Supreme Court in judgment No 3-1-1-22-10 and questions their justification based on both previous court practice and procedural law theory. The article addresses evaluation of the credibility of witness testimony, determining when a witness has refused to give testimony and establishment of the facts of the case by the Supreme Court.