Criminal proceedings are a process where a person is accused of a crime, and the court decides whether the person is guilty or should be acquitted. An acquittal is a court decision in which the court determines that the guilt of the accused cannot be proven, or that their actions do not constitute a crime under the law. This decision is an important part of justice, ensuring that innocent people are not punished. In this article, we will discuss in which cases an acquittal is possible and how a lawyer can help achieve this result.
When is an Acquittal Possible?
In criminal proceedings, the presumption of innocence applies, meaning that everyone is considered innocent until proven guilty. An acquittal is issued when the accused has not committed the crime, or when the prosecution cannot present sufficient evidence in court. The main situations where an acquittal is possible include:
1. Lack or insufficiency of evidence
In criminal cases, the prosecution must prove the guilt using specific evidence that links the accused to the crime. If the presented evidence is insufficient or does not clearly prove the guilt of the accused, the court may issue an acquittal. For example, if witness testimonies are contradictory or the case materials do not support the accusation, this may lead to an acquittal.
2. Illegally obtained evidence
In the Estonian legal system, great emphasis is placed on the fact that evidence must be obtained lawfully and legitimately. If it is found that evidence was collected illegally (for example, during a search without a court warrant), the court may exclude it. If the prosecution’s case largely depends on illegally obtained evidence, an acquittal may be possible.
3. Lack of criminal elements
An acquittal may also be appropriate if the actions of the accused do not meet the criteria for a crime. For example, if the actions committed by the accused do not qualify as a crime under the law, the court may decide that the accused did not commit any unlawful act.
4. Accused’s alibi or alternative perpetrator
If the accused can prove that they were in a different place at the time of the crime or if evidence is found pointing to another possible perpetrator, the court may acquit the accused. A strong alibi or new evidence can significantly change the course of the case.
How to Achieve an Acquittal?
To achieve an acquittal, it is essential to defend the accused actively throughout the criminal process. Here are some key steps and strategies:
1. Hiring an experienced lawyer
The role of a lawyer in criminal cases is crucial. An experienced defense attorney can assess the evidence against the accused, identify weaknesses, and present compelling counterarguments in court. The lawyer helps the accused understand their rights and represents them at every stage of the process, from the preliminary investigation to trial.
2. Review and challenge evidence and witness statements
One of the main strategies is to analyze the evidence and witness statements presented by the prosecution and challenge their reliability. The lawyer can point out contradictions in the evidence, question its legality, or highlight the unreliability of witnesses. Weak or questionable evidence is an important step toward achieving an acquittal.
3. Presenting own evidence and witnesses
The defense team can present its own evidence and witnesses that support the accused’s innocence. This can include an alibi that proves the accused could not have committed the crime or witnesses who give favorable testimonies for the accused.
4. Excluding evidence
If the lawyer can prove that the evidence was obtained unlawfully, they can request its exclusion from the trial. Without key evidence, it may be difficult for the prosecution to proceed with the case, which could lead to an acquittal.
5. Negotiations with the prosecution
In some cases, it may be beneficial to negotiate with the prosecution. If the evidence against the accused is weak or debatable, the defense attorney can discuss the possibility of reducing or even dismissing the charges with the prosecutor.
The Role of a Lawyer in Achieving an Acquittal
The lawyer plays a crucial role in achieving an acquittal. An experienced defense attorney knows the complex criminal justice process well and can protect the rights of the accused at every step. Here are some of the main ways a lawyer can help:
- Legal advice and defense strategy development: The lawyer analyzes the basis of the charges and develops a defense strategy focused on identifying and challenging the weaknesses in the case.
- Gathering and presenting evidence: The defense attorney collects evidence supporting the accused’s innocence and presents it in court in a way that enhances its credibility.
- Handling court proceedings: An experienced lawyer represents the accused in court, cross-examines witnesses, presents evidence, and argues in defense of the accused.
- Negotiations: If the case against the accused is weak, the lawyer can negotiate with the prosecution to seek a reduction or even dismissal of charges.
Conclusion
An acquittal is an integral part of the criminal process, ensuring that innocent individuals are not punished. An acquittal is possible if the prosecution cannot present sufficient evidence to prove guilt or if other circumstances emerge that demonstrate the accused’s innocence.
In criminal cases, it is essential that the accused receives strong legal representation and defense. An experienced lawyer can help develop an effective defense strategy and represent the accused in court to achieve an acquittal.
