Summary

The article discusses the notion of material damage both in civil law and penal law but only related to material damage incurred by a natural or legal person. The central question is whether we can speak about material damage in penal law if civil law denies it and, vice versa, whether there is no damage in penal law if civil law prescribes compensation for damage in the same case. In Estonia, the question of the day is how the possibility of a reversal of a transaction affects the presence of damage. The author also discusses debatable cases from the Estonian judicial practice, first examining similar problems in Germany.