The Harju County Court decided to annul the decision of the procedural department of the Police and Border Guard Committee of the Northern Prefecture of the Ida-Harju Police Station, by which Jaak Valge was punished with a fine of 160 euros for violation of public order and Andres Aulet with a fine of 160 euros for the same act. The court decided to dismiss the misdemeanor case against Jaak Valge and Andres Aule, as their act does not have the characteristics of a misdemeanor.
Valge and Aule were accused of hoisting the Estonian SSR flag on the flagpole of a house without the owner’s permission on 07.22.2023 at 05.02 on Harju Street 1 in Tallinn. According to the prosecution, such activity was disturbing from the point of view of an average person, because normally people do not behave in this way. Furthermore, raising the Estonian SSR flag in a public space also disturbs other people.
The evidence gathered revealed that the flag was purchased by Andres Aule and that he was also the one who raised the flag. Jaak Valge was in the same place at the same time, but his flag was not raised. He cannot even be considered an accomplice in the execution of a crime, since according to § 23 of the Criminal Code in the case of a crime only the execution is punishable. Therefore, according to the court, Jaak Valge’s act does not constitute a misdemeanor and the case against him must be closed.
It was proven that Andres Aule raised the ENSV flag, while the court finds that his behavior does not comply with § 262, paragraph 1 of the Criminal Code. Andres Aule explained to the court that his aim in carrying out this action was not to violate public order, but to draw attention to the fact that a bas-relief by Juhan Smuul is displayed in a public space in the heart of Tallinn and that this could disturb those people or their descendants, in whose deportation in 1949 Juhan Smuul participated as a member of the operational group. It can also disturb all the other repressed ones. The court finds that these explanations of Andres Aula are extremely credible and considers that his behavior does not have the subjective nature of a crime. The flag retained by the police will be returned to Andrés Aule when the sentence comes into force.
The decision has not entered into force, it can be appealed to the Supreme Court within 30 days.
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2024-01-12 09:08:38
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