
Riigiprokuratuur ei alusta Pihlakodu suhtes kriminaalmenetlust
Prosecutor's Office Will Not Initiate Criminal Proceedings Against Pihlakodu
Riigiprokuratuur ei leidnud piisavalt tõendeid, et alustada Pihlakodu AS-i suhtes kriminaalmenetlust.
The Prosecutor's Office did not find sufficient evidence to initiate criminal proceedings against Pihlakodu AS.
The Prosecutor's Office investigated the activities of Pihlakodu. They reviewed reports from the Social Insurance Board (SKA) and a case of sexual abuse. The Prosecutor's Office assessed how the care home organized its work and recruited employees. One employee is accused of sexual abuse.
The Prosecutor's Office found that there were errors in the organization of work at Pihlakodu. However, these errors were not related to the case of sexual abuse. The Prosecutor's Office believed that the care home could not have completely prevented this incident, even if the organization of work had been perfect.
The evidence showed that the accused employee collaborated with another female employee. The employee knew that one of the residents did not want a male caregiver. Pihlakodu checked the employee's background and found no prior convictions. The employee's work was also monitored during their employment.
The Prosecutor's Office found that Pihlakodu could not foresee the risk of a sexual crime. The care home tried to reduce the risk but could not completely avoid it. Therefore, the Prosecutor's Office will not initiate criminal proceedings against the care home.
According to the law, a legal entity is not liable for an offense if the act was unavoidable. The victim can challenge the Prosecutor's Office's decision within 30 days in the district court.
Eesti Ekspress wrote that the criminal investigation found multiple victims. However, the Prosecutor's Office does not see the care home as guilty. There were eight victims. The court will only discuss the crime, as the Prosecutor's Office did not find sufficient evidence of health damage.
Prosecutor Arika Lepp said that not every non-consensual sexual act necessarily causes health damage. The Prosecutor's Office's decision has caused public discontent. It has been criticized by both ordinary people and legal scholars.