Pöördumine

Saatja: Marek Domagala <[email protected]> Saaja: Info Teema: Request from the Polish Constitutional Tribunal ​Dear Sir/Madam, In the context of the Polish Constitutional Tribunal’s examination of a case with the reference number SK 6/16, I would be most grateful if you could provide us with answers to the following 4 questions in the light of the legal system of the Republic of Estonia and the case law of the Estonian Supreme Court: (1) Is the fact that the law prescribes only a non-custodial penalty (e.g. a fine) for a particular minor criminal offence of any relevance as regards the admissibility or validity of a police officer’s arrest (detention) of a person suspected of committing the said criminal offence? (2) What conditions need to be met for the admissibility of a police officer’s arrest (detention) of a person suspected of committing a minor criminal offence punishable only by a fine? (3) Is it admissible for a police officer to arrest (detain) a foreigner (temporarily staying in the territory of Estonia) who is suspected of committing a minor criminal offence punishable only by a fine, due to the risk that the foreigner will leave the territory of Estonia before s/he pays the fine? (4) Is there any case law of the Estonian Supreme Court within the scope of the above matters? The knowledge of solutions in operation in Estonia will be of great usefulness to us. Due to the advanced stage of the Tribunal’s examination of the aforementioned case, I would be most grateful if we could receive your reply within the next 3 weeks. Yours faithfully, Dr Marek Domagała The Department of Jurisprudence Research and Legal Analyses The Office of the Legal Service The Polish Constitutional Tribunal Al. Jana Christiana Szucha 12A, 00-918 Warsaw, Poland