Experience
Estonia
Criminal Law
February 18, 2020

We successfully defended our client in criminal proceedings brought for a suspected unlawful search

A suspicion was filed against the host of “KUUUURIJA”, Katrin Lust, regarding an unlawful search carried out in the so-called “child pornography” episode.

We defended our client regarding a suspicion for carrying out an unlawful search in the so-called “paedophile” episode. The defence brought its argument from an error regarding the unlawfulness of an act, which is rarely relied on in practice because, as a society, we are in general agreement on criminal law – it contains acts whose unlawfulness has been agreed upon in society, and everyone comprehends criminal offences. In the current case, however, at the time of committing the act, it did not seem as if the line between good and bad was being crossed. This was the view taken by experienced journalists, their attorneys and even the police officers who were present at the location. The North District Prosecutor’s Office agreed and terminated the proceedings, finding that Katrin Lust cannot be accused of an unlawful search carried out in the home of U.K., where Katrin Lust opened cupboards and drawers with the aim of discovering evidence, which could indicate that the man portrayed on Lust’s show was a paedophile, for the police officers present at the location.  Given that the activities of Katrin Lust were monitored by police officers who were present at the location and made no effort to stop her, Katrin Lust cannot be accused of having committed a crime – in a situation where the police officers did not stop K. Lust, K. Lust was not expected to understand that her actions were prohibited.