Supreme Court Justice Doubts Whether Pakosta Amendment Will Shorten Court Proceedings
Supreme Court Justice Juhan Sarv questions if the proposed amendment will effectively shorten court procedures.
Supreme Court Justice Juhan Sarv has expressed skepticism regarding the anticipated outcomes of an amendment put forth by the Ministry of Justice and Digitalization. This amendment aims to change the process through which cases are escalated to the Supreme Court, indicating that this new procedure may not significantly reduce the duration of legal proceedings as intended. Sarv points out that by the time a case reaches the Supreme Court in cassation proceedings, most of the legal journey has already occurred, suggesting that the amendment's impact may be overstated.
The Ministry of Justice is proposing to modify the prosecutor's law so that decisions to escalate cases to the Supreme Court will no longer rest solely on the discretion of individual prosecutors. Instead, such decisions would require the approval of the Chief Prosecutor. The intention behind this change is to potentially shorten the length of time defendants spend in the legal process, as the reform is designed to ensure more oversight when serious cases make it to the highest court.
A relevant context for these changes includes a recently concluded long-standing court case involving former police chiefs that resulted in the defendants being acquitted at all three court levels. To mitigate the occurrence of protracted legal disputes like this, the Justice Ministry's planned amendment aims to impose greater responsibilities on prosecutors. It emphasizes the need for consultations with senior prosecutors before proceeding to the Supreme Court, expanding accountability beyond individual decision-makers in the prosecution system.