Cuesta Law Office Partner Jaak Siim, has successfully defended two natural persons and one private limited company in a criminal case, where his defendants were accused of committing a fraudulent concession. A total of 15 natural and legal persons were prosecuted in this case on charges of various criminal episodes.
By a ruling of the Pärnu County Court as of 28 November 2015, criminal proceedings against a total of 9 defendants, including Jaak Siim’s defendants, were terminated due to expiration. The court annulled the court mortgage, rejected the claim of the Agricultural Registers and Information Board (PRIA) representing the state against the defendants for compensation for the damage caused by the crime and ordered the state to pay the legal costs to the accused private limited company. According to the court ruling, on the basis of the indictment of the Western District Prosecutor’s Office, the persons were brought to justice at a time, when the crime has already expired.
The district prosecutor’s office representing the state challenged the partial termination of the criminal proceedings in the circuit court, but by a ruling of the Tallinn Circuit Court of 21 January 2020, his appeal against the ruling was rejected. The prosecutor challenged the ruling of the circuit court in the Supreme Court, but his appeal against the ruling was not accepted and the termination of the criminal proceedings against some of the accused took effect.
The ruling of the county court, in which the circuit court agreed with the reasons given, is of fundamental importance from the point of view of the development of legal practice regarding the issue of the statute of limitations.