Criminal proceedings brought against the Kuuuurija team were terminated
In defending our client, we found that the accusation was unfounded, as it was not based on evidence, did not constitute a prosecutable offence and was not unlawful or wrongful.
We concluded this mainly for the following two reasons:
– Firstly, can an illegal entry occur if the initial entry was in line with a person’s will and a forced entry never occurred? Even if the invitation to enter was obtained with deception? Were this the case, an uncountable number of illegal entries would occur every day. It was also questionable whether the long-running “cat factory” could be considered a “living space”.
– Secondly, the act would have been, in any case, considered as lawful, i.e. as an act tolerated in society. We have become accustomed to turning to the Penal Code when seeking to preclude unlawfulness, e.g. necessity. However, unlawfulness is a concept that arches across a legal order and unlawfulness can also be precluded by an international convention or custom. Thus, the European Convention on Human Rights and human rights case law would become relevant here. Journalistic experiments have provided the Court ample opportunity for forming its opinion. The main conclusions are that criminal law cannot be applied in a simplistic and dry manner, but in the case of a conflict of human rights, it must be thoroughly considered and evaluated whether an intervention by the state is, in fact, necessary (appropriate).
Even though the entry into the apartment occurred without the expressed will of O.Z, given the circumstances, the act did not constitute illegal entry into the apartment and the Prosecutor’s Office terminated the proceedings.
Saskia Kask, Chief Prosecutor for the North District Prosecutor’s Office, explained that the case was legally more complex than it might seem at first glance. “Never before has the central question in a criminal case been, in essence, about the extent to which a journalist can go in the course of their work. In the current case, the Prosecutor’s Office took the view that, even though the Kuuuurija team might have committed a misdemeanour offence in one instance in the course of filming the episode, these were borderline cases which did not constitute criminal offences,” Chief Prosecutor Kask explained.