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Code of Criminal Procedure

Content

Code of Criminal Procedure - content
Issuer:Riigikogu
Type:act
In force from:01.07.2019
In force until:31.12.2019
Translation published:15.05.2019

Code of Criminal Procedure1

Passed 12.02.2003
RT I 2003, 27, 166
Entry into force 01.07.2004

Amended by the following legal instruments (show)

PassedPublishedEntry into force
17.12.2003RT I 2003, 83, 55801.07.2004
17.12.2003RT I 2003, 88, 59001.07.2004
19.05.2004RT I 2004, 46, 32901.07.2004, partially 01.01.2005 and 01.09.2005
28.06.2004RT I 2004, 54, 38701.07.2004
28.06.2004RT I 2004, 56, 40301.03.2005
consolidated text on paper RTRT I 2004, 65, 456
15.06.2005RT I 2005, 39, 30721.07.2005
15.06.2005RT I 2005, 39, 30801.01.2006
07.12.2005RT I 2005, 68, 52901.01.2006
15.12.2005RT I 2005, 71, 54901.01.2006
15.03.2006RT I 2006, 15, 11814.04.2006
19.04.2006RT I 2006, 21, 16025.05.2006
14.06.2006RT I 2006, 31, 23316.07.2006
14.06.2006RT I 2006, 31, 23416.07.2006
consolidated text on paper RTRT I 2006, 45, 332
27.09.2006RT I 2006, 46, 33301.01.2007
11.10.2006RT I 2006, 48, 36018.11.2006
13.12.2006RT I 2006, 63, 46601.02.2007, partially 01.01.2015
06.12.2006RT I 2007, 1, 230.03.2007
13.12.2006RT I 2007, 2, 701.02.2007
17.01.2007RT I 2007, 11, 5118.02.2007
24.01.2007RT I 2007, 12, 6625.02.2007
25.01.2007RT I 2007, 16, 7701.01.2008
15.02.2007RT I 2007, 23, 11902.01.2008
14.06.2007RT I 2007, 44, 31614.07.2007
22.11.2007RT I 2007, 66, 40801.01.2008
16.04.2008RT I 2008, 19, 13223.05.2008
11.06.2008RT I 2008, 28, 18015.07.2008
19.06.2008RT I 2008, 29, 18901.07.2008
19.06.2008RT I 2008, 32, 19815.07.2008
19.06.2008RT I 2008, 32, 19801.01.2009
19.06.2008RT I 2008, 32, 19801.01.2010
19.06.2008RT I 2008, 33, 20028.07.2008
19.06.2008RT I 2008, 33, 20128.07.2008
19.06.2008RT I 2008, 35, 21201.01.2009
19.11.2008RT I 2008, 52, 28822.12.2008
03.12.2008RT I 2009, 1, 101.01.2010
06.05.2009RT I 2009, 27, 16501.01.2010
15.06.2009RT I 2009, 39, 26024.07.2009
15.06.2009RT I 2009, 39, 26124.07.2009
09.12.2009RT I 2009, 68, 46301.01.2010
20.01.2010RT I 2010, 8, 3427.02.2010
20.01.2010RT I 2010, 8, 3501.03.2010
22.04.2010RT I 2010, 19, 10101.06.2010
22.04.2010RT I 2010, 22, 10801.01.2011 enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13.07.2010 (OJ L 196, 28.07.2010, pp. 24-26).
18.06.2010RT I 2010, 40, 23918.06.2010 - The decision of the Constitutional Review Chamber of the Supreme Court declares the summary proceedings regulation to be in conflict with the Constitution to the extent that this does not efficiently ensure the right of defence.
16.06.2010RT I 2010, 44, 25801.01.2011
25.11.2010RT I, 21.12.2010, 131.12.2010
27.01.2011RT I, 23.02.2011, 101.09.2011
27.01.2011RT I, 23.02.2011, 205.04.2011
27.01.2011RT I, 23.02.2011, 301.01.2012
17.02.2011RT I, 14.03.2011, 301.09.2011
17.02.2011RT I, 21.03.2011, 201.01.2012 Repealed [RT I, 29.06.2012, 2]
08.12.2011RT I, 22.12.2011, 323.12.2011 Repealed [RT I, 29.06.2012, 2]
07.12.2011RT I, 28.12.2011, 101.01.2012, partially on the tenth day after publication in the Riigi Teataja.
08.12.2011RT I, 29.12.2011, 101.01.2012
10.04.2012RT I, 17.04.2012, 410.04.2012 - The decision of the Supreme Court en banc declares § 366 of the Code of Criminal Procedure to be in conflict with the Constitution to the extent that this does not prescribe the entry into force of a court judgment made pursuant to the general procedure, which establishes the absence of a criminal act, as grounds for review if a punishment of imprisonment was imposed for participation in such criminal act to a person by a court judgment made pursuant to the general procedure in the criminal matter subject to review.
30.05.2012RT I, 15.06.2012, 201.06.2013
06.06.2012RT I, 29.06.2012, 101.04.2013
06.06.2012RT I, 29.06.2012, 209.07.2012, partially 01.01.2013 and 01.01.2015
06.06.2012RT I, 29.06.2012, 301.01.2013, partially 01.07.2012 and 09.07.2012
14.06.2012RT I, 04.07.2012, 101.08.2012
03.07.2012RT I, 09.07.2012, 203.07.2012 - The judgment of the Supreme Court en banc declares clause 385 26) of the Code of Criminal Procedure to be in conflict with the Constitution and repeals it to the extent that this does not allow to file an appeal against an order made by a judge in charge of execution of court judgments at a county court on the basis of subsection 427 (2) of the Code of Criminal Procedure by which a sentence suspended on probation is enforced pursuant subsection 74 (4) of the Penal Code
13.11.2012RT I, 16.11.2012, 613.11.2012 - The judgment of the Supreme Court en banc declares clause 385 26) of the Code of Criminal Procedure to be in conflict with the Constitution and repeals it to the extent that this does not allow to file an appeal against an order made by a judge in charge of execution of court judgments at a county court on the basis of subsection 427 (2) of the Code of Criminal Procedure by which the part of the punishment which was not served due to release on parole is enforced pursuant subsection 76 (5) of the Penal Code.
05.12.2012RT I, 21.12.2012, 101.03.2013, partially 01.01.2013
11.12.2012RT I, 28.05.2013, 611.12.2012 - The decision of the Constitutional Review Chamber of the Supreme Court declares § 407 of the Code of Criminal Procedure to be in conflict with the Constitution and repeals it to the extent this precludes the right of a minor to file an appeal against an order whereby the court authorises placement of the minor in a school for students who need special treatment.
13.03.2013RT I, 22.03.2013, 901.04.2013, partially 01.01.2014
27.03.2013RT I, 16.04.2013, 126.04.2013
30.04.2013RT I, 03.05.2013, 1230.04.2013 - The decision of the Supreme Court en banc declares clause 385 26) of the Code of Criminal Procedure to be in conflict with the Constitution and repeals it to the extent this does not allow to file an appeal against an order made by a judge in charge of execution of court judgments at a county court on the basis of subsection 428 (2) of the Code of Criminal Procedure by which the prison sentence substituted by community service is enforced pursuant to subsection 69 (6) of the Penal Code.
10.05.2013RT I, 15.05.2013, 310.05.2013 - The order of the Constitutional Review Chamber of the Supreme Court declares that clause 385 26) of the Code of Criminal Procedure was in conflict with the Constitution at the time of making the order of the Tallinn Circuit Court dated 7 January 2013 to the extent this does not allow to file an appeal against an order made by a judge in charge of execution of court judgments at a county court on the basis of subsection 428 (2) of the Code of Criminal Procedure by which the prison sentence substituted by community service is enforced pursuant to subsection 69 (6) of the Penal Code.
20.06.2013RT I, 05.07.2013, 215.07.2013
20.06.2013RT I, 11.07.2013, 101.09.2013
26.09.2013RT I, 04.10.2013, 327.10.2013
21.01.2014RT I, 31.01.2014, 601.02.2014, partially 01.04.2014 and 01.07.2014
12.02.2014RT I, 26.02.2014, 108.03.2014
19.02.2014RT I, 13.03.2014, 401.07.2014
07.05.2014RT I, 21.05.2014, 101.01.2015, partially 31.05.2014
12.06.2014RT I, 21.06.2014, 1101.07.2014, partially 01.01.2015
11.06.2014RT I, 21.06.2014, 801.01.2015
19.06.2014RT I, 12.07.2014, 113.07.2014, partially 1.01.2015
19.06.2014RT I, 29.06.2014, 10901.07.2014, the titles of ministers replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.
05.11.2014RT I, 20.11.2014, 101.05.2015
09.12.2014RT I, 22.12.2014, 901.01.2015
16.12.2014RT I, 23.12.2014, 1401.01.2015
10.12.2014RT I, 30.12.2014, 101.01.2015
18.02.2015RT I, 19.03.2015, 129.03.2015, partially 01.09.2016
26.11.2015RT I, 17.12.2015, 327.12.2015
17.12.2015RT I, 06.01.2016, 516.01.2016, partially 01.07.2016 and 01.01.2017
11.05.2016RT I, 20.05.2016, 130.05.2016
15.12.2016RT I, 28.12.2016, 1407.01.2017, partially 01.04.2017
15.12.2016RT I, 31.12.2016, 201.01.2017, partially 10.01.2017 and 01.02.2017
10.05.2017RT I, 26.05.2017, 105.06.2017
31.05.2017RT I, 16.06.2017, 101.07.2017
07.06.2017RT I, 26.06.2017, 106.07.2017
07.06.2017RT I, 26.06.2017, 1706.07.2017
14.06.2017RT I, 26.06.2017, 6906.07.2017
14.06.2017RT I, 26.06.2017, 7006.07.2017
14.06.2017RT I, 07.07.2017, 101.11.2017
22.11.2017RT I, 05.12.2017, 115.12.2017, partially 01.01.2018 and 01.07.2018
09.05.2018RT I, 31.05.2018, 210.06.2018, partially 01.01.2019
21.11.2018RT I, 07.12.2018, 217.12.2018
16.01.2019RT I, 05.02.2019, 115.02.2019
23.01.2019RT I, 05.02.2019, 215.02.2019
20.02.2019RT I, 13.03.2019, 215.03.2019
20.02.2019RT I, 19.03.2019, 301.07.2019

Chapter 1 GENERAL PROVISIONS  

§ 1.  Scope of regulation of this Code

 (1) This Code provides the rules for pre-court and court procedure concerning criminal offences and the rules concerning enforcement of decisions made in criminal matters.

 (2) This Code also provides the bases of and procedure for conduct of surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 2.  Sources of the law of criminal procedure

  The sources of the law of criminal procedure are:
 1) the Constitution of the Republic of Estonia;
 2) generally recognised principles and provisions of international law and international agreements binding on Estonia;
 3) this Code and other legislation which provides rules of criminal procedure;
 4) decisions of the Supreme Court on issues which are not regulated by other sources of the law of criminal procedure yet which have arisen in the application of the relevant legislation.

§ 3.  Territorial and temporal applicability of the law of criminal procedure

 (1) The law of criminal procedure applies in the territory of the Republic Estonia. The law of criminal procedure also applies outside the territory of the Republic Estonia if this arises from an international agreement or if the subject matter of criminal proceedings is an act of a person serving in the Defence Forces of Estonia.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The law of criminal procedure that applies in criminal proceedings is the law in force at the time of performance of the procedural act.

 (3) The requirements for using evidence taken abroad in criminal proceedings in Estonia are provided in § 65 of this Code.

 (4) During a state of emergency this Code applies, taking account of the specifications provided for in the State of Emergency Act.
[RT I 2009, 39, 260 - entry into force 24.07.2009]

§ 4.  Applicability of criminal procedural law by reason of person concerned

  The law of criminal procedure applies equally to all persons with the following exceptions:
 1) the specifications concerning preparation of a statement of charges and performance of certain procedural acts with regard to the President of the Republic, members of the Government of the Republic, the Auditor General, the Chancellor of Justice and the Chief Justice and justices of the Supreme Court are provided for in Chapter 14 of this Code;
 2) the specifications concerning procedural acts performed with regard to members of the Riigikogu before preparation of a statement of charges and of preparation of the statement of charges are provided for in Chapter 141 of this Code;
 3) Estonian law of criminal procedure may be applied to a person enjoying diplomatic immunity or other privileges prescribed by an international agreement at the request of the relevant foreign state, taking into account the specifications provided in an international agreement.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

§ 5.  Principle of state jurisdiction

  Criminal proceedings shall be commenced and conducted on behalf of the Republic of Estonia.

§ 6.  Principle of mandatory criminal proceedings

  Investigative bodies and Prosecutors' Offices are required to conduct criminal proceedings upon the appearance of facts referring to a criminal offence, unless the circumstances provided for in § 199 of this Code exist which preclude criminal proceedings or unless the grounds to terminate criminal proceedings pursuant to subsection 201 (2), §§ 202, 203, 2031, 204, 205, 2051, 2052 or subsection 435 (3) of this Code exist.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 7.  Presumption of innocence

 (1) No one shall be presumed guilty of a criminal offence before a judgment of conviction has entered into force with regard to him or her.

 (2) No one is required to prove his or her innocence in criminal proceedings.

 (3) Any doubts concerning the suspect or the accused being guilty as charged which have not been eliminated in criminal proceedings shall be interpreted to the benefit of the suspect or accused.

§ 8.  Safeguarding of rights of participants in proceedings

  Investigative bodies, Prosecutors' Offices and courts shall:
 1) in the performance of a procedural act, in the cases provided by law, explain to the participants in proceedings the objective of the act and their rights and obligations;
 2) provide the suspect and accused with a real opportunity to defend themselves;
 3) ensure the assistance of a counsel to the suspect and accused in the cases provided for in subsection 45 (2) of this Code or if such assistance is requested by the suspect or accused;
 4) in the cases of urgency, provide a suspect or accused held in custody with other legal assistance at his or her request;
 5) deposit the unsupervised property of a suspect or accused held in custody with the person or local government specified by him or her;
 6) ensure that the minor children of a person held in custody be supervised or the persons close to him or her who need assistance be cared for;
 7) explain to a victim who is a natural person his or her right to contact a victim support official and, if necessary, receive victim support services and the state compensation prescribed for victims of crimes of violence and explain which opportunities arising from this Code can be used to ensure the safety of victims.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 9.  Safeguarding of personal liberty and respect for human dignity

 (1) A suspect may be detained for up to forty-eight hours without an arrest warrant issued by a court.

 (2) A person taken into custody shall be immediately notified of the court's determination on his or her being taken into custody in a language and manner which he or she understands.

 (3) Investigative bodies, Prosecutors' Offices and courts shall treat the participants in proceedings without defamation or degradation of their dignity. No one shall be subjected to torture or other cruel or inhuman treatment.

 (4) In criminal proceedings, it is permitted to interfere with the private and family life of a person only in the cases and pursuant to the procedure provided for in this Code in order to prevent a criminal offence, apprehend a criminal offender, ascertain the truth in a criminal matter or secure the execution of a court judgment.

§ 10.  Language of criminal proceedings

 (1) The language of criminal proceedings is Estonian. With the consent of the body conducting criminal proceedings, of participants in proceedings and of the parties to judicial proceedings, the criminal proceedings may be conducted in another language if the body, participants and parties are proficient in that language.

 (2) Suspects, accused, victims, civil defendants and third persons who are not proficient in the Estonian language shall be ensured the assistance of an interpreter or translator. In the case of doubt, proficiency shall be ascertained by the body conducting proceedings. If it is impossible to ascertain proficiency or the individual’s command of Estonian proves to be insufficient, the assistance of an interpreter or translator shall be ensured.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (21) If a suspect or accused is not proficient in the Estonian language, he or she shall be ensured the assistance of an interpreter or translator at his or her request or the request of his or her counsel at the meeting with the counsel which is directly related to the procedural act performed with respect to the suspect or accused, the application or complaint submitted. If the body conducting proceedings finds that the assistance of an interpreter or translator is not necessary, the body shall formalise the refusal by an order.
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]

 (3) All documents which are requested to be included in a criminal and court file shall be in the Estonian language or translated into Estonian. Documents in other languages prepared by investigative bodies and prosecutors' office in terminated criminal proceedings shall be translated into Estonian by the order of the Prosecutor’s Office or at the request of a participant in proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) A text in a language other than Estonian may be entered in the minutes of a court session at the request of a party to judicial proceedings. In such case, a translation of the text into Estonian shall be appended to the minutes.

 (5) If a suspect or accused is not proficient in the Estonian language, the text of the report on detention of the suspect, arrest warrant, European arrest warrant, statement of charges and judgment shall be translated into his or her native language or a language in which he or she is proficient, at least to the extent which is significant from the point of view of understanding the content of the suspicion or charges or for ensuring fairness of the proceedings.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (6) If a suspect or accused is not proficient in the Estonian language, he or she or his or her counsel may submit a reasoned application for translating a document which is significant from the point of view of understanding the content of the suspicion or charges in the criminal matter or for ensuring the fairness of the proceedings into his or her native tongue or into another language in which he or she is proficient. If the body conducting the proceedings finds that the application for translating the documents is not justified either in full or in part, such body shall formalise the refusal by an order.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (61) If a victim who is a natural person is not proficient in the Estonian language, translating of the text which is essential for understanding the substance of the order on termination of criminal proceedings or the court judgment or for ensuring the fairness of the proceedings into his or her native language or a language in which he or she is proficient may be requested within ten days. A victim who is a natural person may also request translating of other documents which are essential for ensuring his or her procedural rights. If the body conducting proceedings finds that the request for translating other documents is not justified, such body shall formalise the refusal by an order.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (7) Instead of written translation of the documents listed in subsections (5)-(61) of this section, such documents may be translated orally or an oral summary may be made thereof, if:
 1) this does not affect the fairness of the proceedings; or
 2) a suspect or accused who has been informed of the consequences of waiver of written translation of the documents listed in subsections (5) and (6) of this section has filed a written application for waiver of written translation in a format which can be reproduced in writing or it was recorded in another manner.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (8) An oral translation shall be ensured to a suspect and accused immediately, a written translation of the documents shall be ensured to a suspect and accused within a reasonable period of time so that this does not impair the exercise of their rights of defence.
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]

 (9) A person may appeal refusal to provide translations or partial provision thereof on the basis of this section according to the provisions of §§ 228 or 229 of this Code or pursuant to Chapter 15 of this Code.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (10) If procedural documents were translated to a person on the basis of this section, then in the case these procedural documents are appealed, the terms of appeal shall be calculated as of the date of receipt of the translated documents.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 11.  Public access to court sessions

 (1) Every person has the opportunity to observe and record court sessions pursuant to the procedure provided for in § 13 of this Code.

 (2) The principle of public access applies to the pronouncement of decisions without restrictions unless the interests of a minor, spouse or victim require pronouncement of a decision in a court session held in camera.

 (3) The principle of public access applies as of the opening of a court session until pronouncement of a decision, taking into account the restrictions provided for in §§ 12 and 13 of this Code.

 (4) A court may remove a minor from a public court session if this is necessary for the protection of the interests of the minor.

§ 12.  Restrictions on public access to court sessions

 (1) A court may declare that a session or a part thereof be held in camera:
 1) in order to protect a state or business secret or classified information of foreign states;
[RT I 2007, 16, 77 - entry into force 01.01.2008]
 2) in order to protect morals or the private and family life of a person;
 3) in the interests of a minor or a victim;
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
 4) in the interests of the administration of justice, including in the cases where public access to the court session may endanger the security of the court, of a party to judicial proceedings or of a witness.

 (2) The court shall resolve the imposition of restrictions on public access to a court session on the basis provided for in subsection (1) of this section by a reasoned order made on its own initiative or at the request of a party to judicial proceedings.
[RT I, 07.12.2018, 2 - entry into force 17.12.2018]

 (3) With the permission of a court, an official of an investigative body, a court official, a witness, a qualified person, an expert, an interpreter or a translator, a person specified in clause 38 (5) 3) of this Code and a person close to the victim and accused for the purposes of subsection 71 (1) of this Code may observe a court session held in camera.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (4) In a closed court session, the court shall caution participants in proceedings and other persons present in the courtroom that the contents of the hearing held and the documents examined in a closed session must not be disclosed to the extent which is necessary for the protection of the right or interest specified in subsection (1) of this section.
[RT I, 07.12.2018, 2 - entry into force 17.12.2018]

 (41) The court may, by substantiated order, require the participants in proceedings and other persons present in the courtroom to maintain the confidentiality of a fact which has become known to them in the course of the proceedings even if the court session has not been declared closed but maintaining confidentiality is clearly necessary for the protection of a right or interest specified in subsection (1) of this section.
[RT I, 07.12.2018, 2 - entry into force 17.12.2018]

 (42) In the cases provided in subsections (4) and (41) of this section, a notation shall be made in the minutes of the court session concerning the participants in proceedings and other persons present in the courtroom being cautioned against violating the obligation to maintain confidentiality.
[RT I, 07.12.2018, 2 - entry into force 17.12.2018]

 (5) [Repealed - RT I, 07.12.2018, 2 - entry into force 17.12.2018]

§ 13.  Restrictions on recording of court sessions

 (1) As of the opening of a court session until the pronouncement of the decision, the persons present in the courtroom may take written notes.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) Other means for recording a court session may be used only with the permission of the court.

 (3) If a court session is held in camera, the court may decide that only written notes may be taken.

§ 14.  Adversarial nature of judicialproceedings

 (1) In judicial proceedings, the functions of prosecution, defence and adjudication of the criminal matter shall be performed by different persons subject to proceedings.

 (2) Withdrawal of the charges pursuant to the procedure provided for in § 301 of this Code releases the court from the obligation to continue the proceedings. If charges are withdrawn for the reason that the act of the accused comprises the necessary elements of a misdemeanour, withdrawal of the charges is the basis for termination of criminal proceedings. Withdrawal of the charges in other cases is the basis for a judgment of acquittal.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 15.  Judicial hearing at first hand

  [RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (1) The decision of a county court may be based only on evidence which has been presented and examined at first hand at judicial hearing and recorded in the minutes.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The decision of the circuit court may be based on:
 1) evidence which has been presented and examined at first hand at judicial hearing by the circuit court and recorded in the minutes;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
 2) evidence which has been examined at first hand in the county court and disclosed in appeal proceedings.

 (3) The decision shall not be based solely or predominantly on the testimony of a person declared anonymous in accordance with § 67 of this Code, evidence whose direct source the accused or counsel was unable to question, or the testimony of the person specified in subsection 66 (21).
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 151.  Judicial hearing without interruption or delay

  The court shall hear a matter as an integral whole and shall ensure that a decision is made as quickly as possible.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

§ 152.  Processing of personal data in criminal proceedings

 (1) In criminal proceedings, the body conducting proceedings shall have the right to process personal data, including personal data of specific categories, which are required for conduct of pre-court proceedings and judicial proceedings, taking of evidence, enforcement of the decisions made in criminal matters, conduct of surveillance activities or achievement of other objectives provided for in this Act.

 (2) When processing of personal data in the course of criminal proceedings, the body conducting proceedings shall act as a law enforcement authority for the purposes of subsection 13 (2) of the Personal Data Protection Act, and processing of personal data shall be guided by the provisions established for law enforcement authorities.

 (3) Exercise of the rights of data subjects arising from the Personal Data Protection Act shall be guided by the provisions of this Act, regardless of whether the data subject is a suspect, accused, victim, civil defendant, third party, witness or any other person.

 (4) When processing personal pursuant to this Act, a data controller may restrict the rights of a data subject arising from the Personal Data Protection Act, if this is required in order to prevent or detect an offence, to conduct proceedings with respect to an offence or to enforce a punishment, to conduct civil, administrative or any other legal proceedings, to prevent any damage to the rights and freedoms of another person or data subject, to prevent endangering of national security or to ensure maintenance of public order.

 (5) The following rights of data subjects may be restricted pursuant to subsection (4) of this section:
 1) the right to know that their personal data are processed, including what personal data are processed, and the way, method, objective, legal basis, extent or cause of processing;
 2) the right to know the recipients of their personal data and categories of personal data disclosed and information about whether their personal data are transmitted to foreign countries or international organizations;
 3) the right to demand restrictions on processing of their personal data;
 4) the right to object to processing of their personal data;
 5) the right to know about breaches related to their personal data.

 (6) Bodies conducting proceedings are joint controllers of personal data processed in the course of criminal proceedings in accordance with their competence.

 (7) Transfer of personal data to persons in third countries that are not law enforcement agencies for the purposes of subsection 13 (2) of the Personal Data Protection Act shall be permitted only under the terms and conditions and pursuant to the procedure provided for in § 49 of the Personal Data Protection Act.
[RT I, 13.03.2019, 2 - entry into force 15.03.2019]

Chapter 2 PERSONS INVOLVED IN CRIMINAL PROCEEDINGS  

§ 16.  Bodies conducting proceedings and participants in proceedings

 (1) Proceedings shall be conducted by the courts, Prosecutors' Offices and investigative bodies.

 (2) Participants in proceedings are the suspect or accused, his or her counsel, victim, civil defendant and third parties.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

§ 17.  Parties to judicial proceedings

 (1) The parties to judicial proceedings are the Prosecutor’s Office, the accused and his or her counsel and the victim, civil defendant and third parties.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

 (2) The parties to judicial proceedings enjoy all the rights of participants in proceedings provided in this Code.

Division 1 Courts  

§ 18.  Panels of county courts

 (1) In county courts, criminal matters concerning criminal offences in the first degree shall be heard by a court panel consisting of the presiding judge and two lay judges. Lay judges have all the rights of a judge in a court hearing.

 (2) Matters concerning criminal offences in the second degree and criminal matters in which simplified procedure is applied shall be heard by a judge sitting alone.

 (3) [Repealed - RT I, 29.06.2012, 3 - entry into force 09.07.2012]

 (4) If the court hearing of a criminal matter is time-consuming, a reserve judge or reserve lay judge may, by a court order, be involved in a court session who shall be present in the courtroom during the court hearing. If a judge or lay judge cannot continue as a member of a court panel, he or she shall be replaced by a reserve judge or reserve lay judge.

 (5) Pre-court proceedings shall be conducted by the judge sitting alone.

 (6) The composition of a court panel to deal with a criminal matter by way of international cooperation is provided in Chapter 19.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 19.  Panels of circuit courts

 (1) In circuit courts, criminal matters shall be heard by a court panel consisting of at least three circuit court judges. Pre-court proceedings in criminal matters shall be conducted by a circuit court judge sitting alone.

 (2) The chairman of the circuit court may assign a judge of a county court of the same circuit to a panel of the circuit court with the consent of the judge.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 20.  Panels of the Supreme Court

 (1) In the Supreme Court, criminal matters shall be considered by a court panel consisting of at least three justices of the Supreme Court.

 (2) [Repealed - RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 21.  Preliminary investigation judge

 (1) A preliminary investigation judge is a county court judge who, sitting alone, shall perform the duties assigned to him or her by this Code in pre-court proceedings.

 (2) In the case provided by this Code, permission for surveillance activities is granted by a preliminary investigation judge.
[RT I, 29.06.2012, 2 - entry into force 09.07.2012]

§ 22.  Judge in charge of execution of court judgments

  A judge in charge of the execution of court judgments is a county court judge who, sitting alone, shall perform the duties assigned to him or her by this Code in the execution of decisions.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 23.  Voting in collegial court panels and dissenting opinions of judges

 (1) A collegial court panel shall resolve the issues relating to a criminal matter by voting.

 (2) In county courts, the presiding judge shall be the last to present his or her opinion.

 (3) In circuit courts and the Supreme Court, the judge who prepared the matter for judicial proceedings shall be the first to present his or her opinion unless he or she is the presiding judge. Voting is continued according to seniority in office, starting with the most junior judge. The presiding judge shall vote last.

 (4) Upon an equal division of votes, the presiding judge has the casting vote.

 (5) A member of a court panel has no right to abstain from voting or remain undecided. In the event of voting on a series of issues, a member of the court panel who took the minority position does not have the right to abstain from voting on a subsequent issue.

 (6) A judge who took the minority position in voting may present his or her dissenting opinion to the court judgment. The dissenting opinions appended to the judgments of the Supreme Court shall be published together with the judgments.
[RT I 2010, 19, 101 - entry into force 01.06.2010]

§ 231.  Court officials

 (1) An order preparing the matter for adjudication or other case management orders which are not subject to appeal under the law, including an order on refusal to proceed with a petition, application or appeal, and an order on provision or extension of a term may also be made by a competent court official pursuant to the internal rules of the courts.

 (2) The court may use the assistance of a court official in the preparation and formalisation of a decision.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 24.  General jurisdiction in hearing of criminal matters in county courts

 (1) The criminal matter shall be heard by the county court in whose territorial jurisdiction the criminal offence was committed.

 (2) As an exception, a criminal matter may be heard according to the location of occurrence of the consequences of the criminal offence or the location of the majority of the accused persons or victims or witnesses. Exceptional transfer of a criminal matter within the territorial jurisdiction of one circuit court shall be decided by the chairman of the circuit court; in other cases, the transfer shall be decided by the Chief Justice of the Supreme Court.

 (3) If the place of commission of a criminal offence cannot be ascertained, the criminal matter shall be heard by the court in whose territorial jurisdiction the pre-court proceedings were completed.

 (4) A preliminary investigation judge of a county court in whose territorial jurisdiction the criminal offence was committed shall perform the duties of a preliminary investigation judge. Where it is impossible to clearly determine the place of commission of the criminal offence, a preliminary investigation judge of a county court of the place of performance of the procedural act shall perform the duties of a preliminary investigation judge. Permission for surveillance activities is granted by a judge designated by the division of tasks plan who is not the chairman of the court. For granting of permission for surveillance activities, up to three judges shall be designated by the division of tasks plan in the Harju County Court and two judges in all other county courts.
[RT I, 29.06.2012, 2 - entry into force 09.07.2012]

 (5) The jurisdiction of criminal matters proceedings in which are conducted by international cooperation is provided for in Chapter 19.

§ 25.  Exclusive jurisdiction in hearing of criminal matters in county courts

 (1) A criminal matter concerning a criminal offence committed by means of printed matter shall be heard by the court of the place of publication of the printed matter unless the victim requests that the criminal matter be heard by the court of his or her residence or the court in whose territorial jurisdiction the printed matter has been disseminated.

 (2) If a criminal offence is committed abroad, the criminal matter shall be heard by the court of the residence of the suspect or accused in Estonia. If the suspect or accused does not have a residence in Estonia, the criminal matter shall be heard by Harju County Court.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 26.  Jurisdiction over joined criminal matters

  If several courts are competent to hear a joined criminal matter, the matter shall be heard by one of such courts. The Prosecutor’s Office which sends the statement of charges to the court shall decide on the jurisdiction pursuant to the interests of justice.

§ 27.  Jurisdiction over criminal matters concerning judges

 (1) A criminal matter in which a judge is a participant in proceedings and which according to general jurisdiction should be heard by a county court within the territorial jurisdiction of the circuit court of the place of employment of the judge shall be referred for hearing by a county court within the territorial jurisdiction of another circuit court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) If, according to general jurisdiction, the granting of permission for conducting of surveillance activities with regard to a judge falls within the jurisdiction of the county court within the territorial jurisdiction of the circuit court of the place of employment of the judge, permission for surveillance activities is granted, at the request of the Office of the Prosecutor General, by the chairman of the county court within the territorial jurisdiction of another circuit court or a judge designated by him or her acting as a preliminary investigation judge.
[RT I 2007, 1, 2 - entry into force 30.03.2007]

§ 271.  Jurisdiction of charge proceedings

 (1) An appeal against an order of the Office of the Prosecutor General specified in subsection 208 (1) of this Code falls within the jurisdiction of the circuit court in whose jurisdiction the Prosecutor’s Office or investigative body who sent the notice on refusal to commence criminal proceedings or the order on termination of the criminal proceedings to the victim is located.

 (2) If a notice on refusal to commence criminal proceedings or order on termination of the criminal proceedings has been sent to the victim by the Office of the Prosecutor General, the appeal specified in subsection 208 (1) of this Code falls within the jurisdiction of the Tallinn Circuit Court.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

§ 28.  Verification of jurisdiction and resolution of jurisdictional disputes

 (1) A court shall verify the jurisdiction over a criminal matter during preparation for judicial hearing and, in the event of contestation of the jurisdiction, make an order on referral of the criminal matter to the court with appropriate jurisdiction.

 (2) Before a criminal matter is referred to a court with appropriate jurisdiction, only urgent procedural acts are permitted.

 (3) If a court contests the jurisdiction over a criminal matter received from another court, the jurisdiction shall be determined by the Chief Justice of the Supreme Court.

§ 29.  Procedural assistance between courts

  A court may request procedural assistance from another court if performance of a procedural act in such other court would facilitate the hearing of a criminal matter, save the time of the participants in the proceedings and the court and reduce procedure expenses. A court from whom assistance is requested shall not refuse assistance unless otherwise provided by law.

Division 2 Prosecutor's Office  

§ 30.  Prosecutor's Office in criminal procedure

 (1) The Prosecutor's Office shall direct pre-court proceedings and ensure the legality and efficiency thereof and represent public prosecution in court. In the case provided by this Code, the Prosecutor’s Office has the right to file a civil action or proof of claim in public law. Unless otherwise provided by this Code, the Prosecutor’s Office shall not have the rights of the body conducting proceedings provided by this Code in the collection of the evidence necessary for proving a civil action or proof of claim in public law.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

 (2) The authority of the Prosecutor's Office in criminal proceedings shall be exercised, in the name of the Prosecutor's Office, independently by the prosecutor having regard only to the law. The authority of the Prosecutor’s Office provided by this Code upon conducting the proceedings in a civil action or proof of claim in public law shall be exercised by the prosecutor or another person authorised by the Prosecutor General or a chief prosecutor.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

Division 3 Investigative Bodies  

§ 31.  Definition of investigative body

 (1) Investigative bodies, within the limits of their competence, means the Police and Border Guard Board, the Security Police Board, the Tax and Customs Board, the Competition Board, the Military Police, the Environmental Inspectorate and the Prisons Department of the Ministry of Justice and the prisons, which perform the functions of an investigative body directly or through the institutions administrated by them or through their regional offices.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

 (2) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) The list of positions whose holders have the right to participate in criminal proceedings within the limits of the competence of the investigative body shall be approved by the heads of the bodies specified in subsection (1) of this section.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 32.  Investigative bodies in criminal procedure

 (1) An investigative body shall perform the procedural acts provided in this Code independently unless the permission of a court or the permission or order of the Prosecutor’s Office is necessary for the performance of the act.

 (2) An investigative body has the right to demand submission of any document necessary for solving a criminal matter.

Division 4 Suspect and accused  

§ 33.  Suspect

 (1) A suspect is a person who has been detained on suspicion of a criminal offence, or a person whom there is sufficient basis to suspect of the commission of a criminal offence and who is subject to a procedural act.

 (2) The rights and obligations of a suspect shall be immediately explained to him or her and he or she shall be interrogated with regard to the content of the suspicion. Interrogation may be postponed if immediate interrogation is impossible due to the state of health of the suspect, or if postponing is necessary in order to ensure the participation of a counsel and interpreter or translator.

§ 34.  Rights and obligations of suspects

 (1) A suspect has the right to:
 1) know the content of the suspicion and give or refuse to give testimony with regard to the content of the suspicion;
 2) know that his or her testimony may be used in order to bring charges against him or her;
 21) the assistance of an interpreter or translator;
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]
 3) the assistance of a counsel;
 4) confer with the counsel without the presence of other persons;
 5) be interrogated and participate in confrontation, comparison of testimony to circumstances and presentation for identification in the presence of a counsel;
 6) participate in the hearing of an application for an arrest warrant in court;
 7) submit evidence;
 8) submit requests and complaints;
 9) examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of the procedural acts, with such statements being recorded in the minutes;
 10) give consent to the application of settlement proceedings, participate in the negotiations for settlement proceedings, make proposals concerning the type and term of punishment and enter or decline to enter into an agreement concerning settlement proceedings.

 (2) A conference specified in clause (1) 4) of this section may be interrupted for the performance of a procedural act if the conference has lasted for more than one hour.

 (3) A suspect is required to:
 1) appear when summoned by an investigative body, Prosecutor’s Office or court;
 2) participate in procedural acts and obey the orders of investigative bodies, Prosecutors' Offices and courts.

§ 341.  Suspects' right to examine materials of criminal file

 (1) Suspects have the right to request access to the evidence which is essential for specifying the content of the suspicion filed against them, if this is required for ensuring fair proceedings and the preparation of defence. Access to the evidence collected shall be ensured at the latest after the Prosecutor's Office has declared the pre-court proceedings completed and submitted the criminal file for examination pursuant to § 224 of this Code.

 (2) Suspects have the right to request access to any evidence which is essential for the hearing on whether an arrest warrant is justified and for contesting detention and taking into custody in court.

 (3) Enabling access to the evidence specified in subsection (1) and (2) of this section shall be decided by the Prosecutor’s Office. The Prosecutor’s Office may make a determination on refusal to enable access to evidence if this may significantly damage the rights of another person or if this prejudices criminal proceedings in the matter.

 (4) An appeal may be filed against the determination of the Prosecutor's Office concerning the refusal provided for in subsection (3) of this section in accordance with the provisions of § 228 of this Code.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 35.  Accused

 (1) The accused is a person with regard to whom the Prosecutor’s Office has prepared a statement of charges in accordance with § 226 of this Code or a person against whom a statement of charges has been brought pursuant to expedited procedure or a person with whom an agreement has been entered into in settlement proceedings.

 (2) The accused has the rights and obligations of a suspect. The accused has the right to examine the criminal file through his or her counsel and participate in judicial hearing.

 (3) The accused with regard to whom a judgment of conviction has entered into force is a convicted offender.

 (4) The accused with regard to whom a judgment of acquittal has entered into force is an acquitted person.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

§ 351.  Information on rights of suspects and accused

 (1) The suspect or accused shall be immediately provided information orally or in writing on his or her rights in plain and intelligible language. Explanation of rights shall be confirmed by signature.

 (2) A suspect or accused who is detained or taken into custody shall be immediately submitted a written declaration of rights concerning his or her rights under criminal procedure. A suspect and accused shall have the right to keep the declaration in his or her possession during the time of detention or keeping in custody.

 (3) If the suspect or accused specified in subsection (2) of this section is not proficient in the Estonian language, he or she shall be provided with the declaration of rights in his or her mother tongue or in a language in which he or she is proficient.

 (4) The standard format of a declaration of rights shall be established by a regulation of the minister responsible for the area.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 36.  Participation of suspect or accused who is legal person in criminal proceedings

  A suspect or accused who is a legal person shall participate in criminal proceedings through a member of the management board or the body substituting for the management board of the legal person or a trustee in bankruptcy and such person has all the rights and obligations of the suspect or accused, including the right to give testimony in the name of the legal person.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

Division 5 Victim, Civil Defendant and Third Party  
[RT I 2007, 2, 7 - entry into force 01.02.2007]

§ 37.  Victim

 (1) A victim is a natural or legal person whose legal rights have been directly violated by a criminal offence aimed at the person or by an unlawful act committed by a person not capable of guilt. In the case of an attempt to commit a criminal offence, a person is a victim even if, instead of the legal rights attacked, such legal rights are violated the violation of which is covered by the legal rights attacked. The state or another public authority is a victim only in the case it has a proprietary claim due to violation of its legal rights and the claim can be enforced in criminal proceedings. A natural person is a victim even in the case a criminal offence or an unlawful act committed by a person not capable of guilt caused the death of any person close to him or her and damage was caused to him or her as a result of the death.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (2) A victim who is a legal person shall participate in criminal proceedings through its legal representative, an employee authorised by the legal representative, a trustee in bankruptcy or a contractual representative and such person has all the rights and obligations of the victim. A legal representative or a trustee in bankruptcy of a victim who is a legal person has the right to give testimony in the name of the legal person.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (3) The provisions applicable to witnesses apply to victims in the performance of procedural acts unless otherwise prescribed by this Code.

 (4) A person is joined to the proceedings as a victim by subjection to procedural acts or by a determination of the body conducting proceedings. A person may be joined to proceedings as a victim at any stage of the proceedings and in any court instance until termination of appeal proceedings. If it becomes evident that a person was joined to proceedings without basis or the person no longer corresponds to the concept of a victim due to changed circumstances, the person conducting the proceedings shall remove the person from the proceedings by the corresponding determination.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (5) If the body conducting pre-court proceedings denies the request for involvement of a person as a victim or removes a person joined to proceedings without basis as a victim, the victim shall be explained his or her right to submit an appeal against the determination of the body conducting the proceedings pursuant to the rules provided in § 228 of this Code. A person may apply for his or her joinder as a victim even by submitting an appeal against a court judgment.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

§ 371.  Victim's legal succession in proceedings

 (1) If a victim who is a natural person dies or a victim who is a legal person is dissolved after filing of a civil action but before entry into force of the decision made thereon, the body conducting proceedings permits the universal successors of the victim to join proceedings as a third person. Universal succession is possible at any stage of proceedings.

 (2) Universal successors of a victim shall have only the rights of the victim in connection with proceedings regarding civil actions.

 (3) Any procedural acts performed prior to the joining of proceedings by a universal successor are binding on the universal successor to the same extent to which such acts would have been binding on the legal predecessor of the universal successor.

 (4) If a victim who is a natural person dies or a victim who is a legal person is dissolved and the victim's universal successor is not known or identification thereof is impossible within a reasonable period of time, a court shall dismiss the civil action.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 372.  Assessment of individual protection needs of victim who is natural person

 (1) The body conducting proceedings is obligated to assess whether any circumstances exist which give reason to believe that the victim who is a natural person requires special treatment and protection in criminal proceedings.

 (2) The assessment shall take into consideration the victim's personal characteristics, the gravity and nature of the criminal offence, the personality of the suspect, the circumstances relating to the commission of the criminal offence and the damage caused to the victim. A victim who is a minor is presumed to need special treatment and protection in criminal proceedings.

 (3) As a result of the assessment, a decision shall be made concerning which of the opportunities provided in this Code to use to ensure the safety of the victim and whether the questioning of with the victim should be conducted on premises adapted for the special needs of the victim, or by, or with the participation of, a specialist trained for questioning victims with special protection needs or, if possible, by the same person throughout the proceedings.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 38.  Rights and obligations of victims

 (1) A victim has the right to:
 1) contest the refusal to commence, or termination of, criminal proceedings pursuant to the rules provided in §§ 207 and 208 of this Code;
 2) file a civil action or proof of claim in public law through an investigative body or the Prosecutor’s Office during the term provided for in subsection 225 (1) or clause 240 4) of this Code;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 3) give or refuse to give testimony on the bases provided for in §§ 71-73 of this Code;
 4) submit evidence;
 5) submit requests and complaints;
 6) examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of the procedural acts, with such statements being recorded in the minutes;
 7) examine the materials of the criminal file pursuant to the procedure provided for in § 224 of this Code;
 8) participate in judicial hearing;
 9) give consent to the application of settlement proceedings or to refuse to give such consent, to present an opinion concerning the charges and punishment and the amount of damage set out in the charges and the civil action or the proof of claim in public law;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 10) give consent to the application of temporary restraining order and request application of restraining order pursuant to the procedure provided for in § 3101 of this Code;
[RT I 2006, 31, 233 - entry into force 16.07.2006]
 11) request that his or her questioning be conducted by a person of the same sex when it comes to sexual violence, gender violence or a criminal offence committed in close relationship, except if the questioning is conducted by a prosecutor or a judge or if this would interfere with the course of proceedings.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (2) A victim is required to:
 1) appear when summoned by an investigative body, Prosecutor’s Office or court;
 2) participate in procedural acts and obey the directions of investigative bodies, the Prosecutor’s Office and the courts.

 (3) [Repealed - RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (4) An investigative body or the Prosecutor’s Office shall explain to the victim his or her rights, the procedure for filing a civil action, essential requirements for a civil action, term for filing a civil action and the consequences of allowing such term to expire, and the conditions and procedure for receipt of legal aid ensured by the state.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) A victim who is a natural person shall have the right to:
 1) receive information concerning taking into custody of a person suspected of a criminal offence and request to be notified of release of the person held in custody in the event of any danger, except in the case communication of such information would cause any harm to the suspect;
 2) request to be notified of the release of the convicted offender before the prescribed time or escape of the convicted offender from a custodial institution in the case the information can prevent danger to the victim;
 3) have one person chosen by him or her to accompany him or her at any procedural acts unless the body conducting the proceedings has refused this with good reason.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
 4) apply for an opportunity to state an opinion on release on parole of an offender in the case of a criminal offence of the first degree provided for in Chapter 9 or 11 of the Penal Code;
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
 5) express an opinion on the impact associated with the criminal offence on him or her and on taking of responsibility for the criminal offence.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

 (6) The person accompanying the victim at procedural acts on the basis of clause (5) 3) of this section shall be cautioned that disclosing information relating to proceedings is not permitted and interference in the course of the procedural acts is not permitted.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 381.  Invocation of victim’s claim in criminal proceedings

 (1) The victim shall have the right to file a civil action against the suspect, accused or defendant which the court shall consider as part of the criminal proceedings. The victim may submit a claim by a civil action if:
 1) the objective of the claim is to restore or remedy the well-being of the victim infringed by the act which is the subject matter of the criminal proceedings if the factual circumstances which are the basis for the claim overlap in substantial part with the circumstances under which the criminal offence that is being considered in the proceedings was committed and if such claim could also be considered in civil proceedings;
 2) it is a claim for compensation for damage against a public authority which could be filed under administrative court procedure.

 (2) A public authority may, in addition to the provisions of subsection (1) of this section, file as a victim a proof of claim in public law for determination of financial obligations in public law claimed from the accused, if the factual circumstances which are the basis for such obligation overlap in substantial part with the circumstances under which the criminal offence that is being considered in the proceedings was committed. A proof of claim in public law may be filed by an administrative authority who would be entitled to determine the same financial obligation under administrative procedure. The filing of a proof of claim in public law in criminal proceedings shall exclude invocation of the same claim in other proceedings, except in the case the application is dismissed in criminal proceedings.

 (3) A civil action or proof of claim in public law is filed through an investigative body or Prosecutor’s Office during the term provided for in subsection 225 (1) or clause 240 4) of this Code.

 (31) If the state, local authority or another public authority has been joined to criminal proceedings as a victim and the representative thereof fails to file a civil action or proof of claim in public law during the term provided for in § 225 or clause 240 4) of this Code, the civil action or proof of claim in public law may be filed by the Prosecutor’s Office instead of the state, local authority or other public authority.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

 (32) If the state, local authority or another public authority has been joined to criminal proceedings as a victim and the representative thereof files a civil action or proof of claim in public law during the term provided for in § 225 or clause 240 4) of this Code in and it is manifest that the claim of the victim expressed therein is unreasonably small taking into consideration the harm caused by the criminal offence, is unproven or contains other significant deficiencies which may lead the court to reject or dismiss the civil action or proof of claim in public law, and the person who filed the civil action or proof of claim in public law fails to eliminate the deficiencies by the due date, the Prosecutor’s Office may file a civil action or proof of claim in public law instead of the representative of the state, local authority or other public authority.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

 (33) If the state, local authority or another public authority has been joined to criminal proceedings as a victim and the representative thereof withdraws the civil action or proof of claim in public law before the commencement of judicial hearing, the Prosecutor’s Office may file the civil action or proof of claim in public law instead of the representative of the state, local authority or other public authority.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

 (34) In the cases specified in subsections (31)-(33) of this section, the Prosecutor’s Office shall file a civil action or proof of claim in public law to the benefit of the state.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

 (4) Consideration of a civil action as part of criminal proceedings is exempt from state fees, with the exception of a civil action making a claim for compensation for non-proprietary damage, if the claim for compensation for non-pecuniary damage does not derive from the causing of a bodily injury or other health disorder or of the death of provider.

 (5) The Republic of Estonia as a victim is exempted from payment of state fees upon filing of a civil action and proof of claim in public law.

 (6) Resolution of any issues which are not regulated in this Code in relation to proceedings on the civil action shall be based on the provisions of the Code of Civil Procedure.

 (7) Resolution of any issues which are not regulated in this Code in relation to proceedings on proofs of claim in public law shall be subject to the provisions of Chapter 26 of the Code of Administrative Court Procedure.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 382.  Specifications for enforceability of claims of victims in case of criminal offences related to competition

  Proceedings on actions concerning damage caused by commission of an act provided for in § 400 of the Penal Code shall take place under civil procedure.
[RT I, 26.05.2017, 1 - entry into force 05.06.2017]

§ 39.  Civil defendant

 (1) A civil defendant is a natural or legal person who is not a person suspected of a criminal offence or the accused but:
 1) a person bearing proprietary liability pursuant to law for damage caused to a victim by an act which is the object of the criminal proceedings; or
 2) against whom a victim has a real right claim pursuant to law for restoration of rights or a claim arising from unjust enrichment and the objective of the claim is to restore or remedy the well-being of the victim infringed by an act which is the object of the criminal proceedings.

 (2) A person is joined to proceedings as a civil defendant, and removed from proceedings, by a determination of the body conducting the proceedings. The body conducting the proceedings joins the person specified in subsection (1) of this section to proceedings at the request of a victim or the accused or on its own initiative if there is reason to believe that the claim of the victim against the civil defendant may be considered as part of criminal proceedings, or if it is necessary in order to protect the interests of the accused. The request of the victim must be accompanied by a civil action against the person whose joinder in the proceedings as a civil defendant the victim requests. If it becomes evident that a person was joined to proceedings without foundation or the person no longer corresponds to the concept of a civil defendant due to changed circumstances or if it becomes evident that the claim of the victim will not be considered as part of criminal proceedings, the body conducting the proceedings shall remove the person from the proceedings.

 (3) A person may be joined to proceedings as a civil defendant until the completion of judicial examination by the county court.

 (4) A civil defendant who is a legal person participates in criminal proceedings through its legal representative or a trustee in bankruptcy and such person has all the rights and obligations of a civil defendant.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

§ 40.  Rights and obligations of civil defendants

 (1) A civil defendant has the right to:
 1) contest a civil action or file a counterclaim;
 2) submit evidence;
 3) submit requests and complaints;
 4) examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of the procedural acts, whereas such statements are recorded in the minutes;
 5) examine the materials of the criminal file pursuant to the procedure provided for in § 224 of this Code;
 6) participate in judicial hearing;
 7) give consent to the application of settlement proceedings or to refuse to give such consent, to present an opinion concerning the damage set out in the charges and the civil action.

 (2) A civil defendant is required to:
 1) appear when summoned by an investigative body, Prosecutor’s Office or court;
 2) participate in procedural acts and obey the orders of investigative bodies, Prosecutors' Offices and courts.

§ 401.  Third party

 (1) A third party is a natural or legal person who is not a person suspected of a criminal offence, accused, victim or civil defendant but whose rights or obligations may be decided on when dealing with the criminal matter or applying a specific procedure.

 (2) A person is joined to proceedings as a third party and removed from the proceedings by an order of the body conducting proceedings. The body conducting proceedings joins to proceedings, as a third party, any persons who conform to the characteristics provided for in subsection (1) of this section. If it becomes evident that a person was involved in the proceedings without basis or if the person no longer corresponds to the concept of a third party due to changed circumstances, the person conducting the proceedings shall remove the person from the proceedings.

 (3) The order on the joinder of a person as a third party to, or removal of the person from, proceedings may be made by the body conducting proceedings at each stage of the proceedings and in every court instance until entry into force of a court judgment or order made in special proceedings. A person may request his or her joinder to proceedings also in an appeal filed against the judicial decision. In such case, his or her joinder shall be resolved when deciding on acceptance of the appeal filed against the judicial decision.

 (4) A third party who is a legal person shall participate in criminal proceedings through its legal representative or a trustee in bankruptcy and such person has all the rights and obligations of a third party.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

§ 402.  Rights and obligations of third parties

 (1) Third parties have the right to:
 1) submit evidence;
 2) submit requests and complaints;
 3) examine the minutes of procedural acts and give statements on the conditions, course and results of the procedural acts, whereas such statements are recorded in the minutes;
 4) examine the materials of the criminal file pursuant to the procedure provided for in § 224 of this Code;
 5) participate in judicial hearing.

 (2) If confiscation of the property of a third party is decided in criminal proceedings, the third party has the rights of the suspect provided in clauses 34 (1) 1), 2) and 5) of this Code, taking account of the specifications of confiscation.

 (3) Third parties are required to:
 1) appear when summoned by an investigative body, Prosecutor’s Office or court;
 2) participate in procedural acts and obey the orders of investigative bodies, Prosecutors' Offices and courts.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

§ 41.  Representative of victim, representative of civil defendant and representative of third party

  [RT I 2007, 2, 7 - entry into force 01.02.2007]

 (1) A victim, civil defendant or third party who is a natural person may participate in criminal proceedings personally or through a representative. Personal participation in criminal proceedings does not deprive the person of the right to have a representative.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

 (2) A victim, civil defendant or third party who is a legal person may have a contractual representative in criminal proceedings s in addition to the legal representatives specified in subsections 37 (2), 39 (4) and 401 (4) of this Code.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (3) In criminal proceedings, state legal aid shall be provided to victims, civil defendants and third parties on the bases and pursuant to the procedure prescribed in the State Legal Aid Act. If a court finds that the essential interests of a victim, civil defendant or third party may be insufficiently protected without an advocate, the court may decide to grant state legal aid to the person on its own initiative and on the bases and pursuant to the procedure prescribed in the State Legal Aid Act.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

 (31) The body conducting proceedings shall designate a representative to a victim with restricted active legal capacity under state legal aid, if:
 1) it may be presumed under the circumstances that the interests of the legal representative of the victim are in conflict with the interests of the victim;
 2) the victim who is a minor is separated from his or her family;
 3) the victim is an unaccompanied minor for the purposes of the Act on Granting International Protection to Aliens.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (4) A victim, civil defendant and third party may have up to three representatives. A representative may have several principals if the interests of the principals are not in conflict. An advocate or any other person who has acquired at least officially recognised Master's degree in the field of study of law or a qualification equal thereto for the purposes of subsection 28 (22) of the Republic of Estonia Education Act or a foreign qualification equal thereto may appear as a contractual representative in judicial proceedings.
[RT I 2008, 29, 189 - entry into force 01.07.2008]

 (5) A representative has all the rights of the principal. A representative of a natural person or the contractual representative of a legal person does not have the right to give testimony in the name of the principal.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

 (6) A representative is required to maintain the confidentiality of all the information which becomes known to him or her upon grant of state legal aid in the course of criminal proceedings. The representative is allowed to disclose to the principal the information which becomes known to him or her upon grant of state legal aid in criminal proceedings. The representative may disclose information concerning pre-court proceedings about the principal only with the consent of the principal and under the conditions prescribed in § 214 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Division 6 Counsel  

§ 42.  Counsel

 (1) In criminal proceedings, the counsel is:
 1) an advocate or, with the permission of the body conducting the proceedings, any other person who meets the educational requirements established for contractual representatives by this Code and whose competence in criminal proceedings is based on an agreement with the person being defended (contractual counsel), or
[RT I 2005, 71, 549 - entry into force 01.01.2006]
 2) an advocate whose competence in criminal proceedings is based on an appointment of an investigative body, Prosecutor’s Office or court and an appointment by the Estonian Bar Association (appointed counsel).
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2) In judicial proceedings, a person being defended may, by agreement, have up to three counsels.

 (3) A counsel may defend several persons if the interests of the persons are not in conflict.

§ 43.  Choice and appointment of counsel

 (1) In criminal proceedings, the suspect, the accused or the convicted offender may choose a counsel personally or through another person.

 (2) A counsel shall be appointed by an investigative body, Prosecutor’s Office or court if:
 1) a suspect or the accused has not chosen a counsel but has requested the appointment of a counsel;
 2) a suspect or the accused has not requested a counsel but the participation of a counsel is mandatory according to § 45 of this Code.

 (3) The body conducting proceedings shall notify a suspect or accused immediately of appointment of a counsel to him or her and communicate to him or her the contact details of an advocate who provides state legal aid appointed by the Estonian Bar Association.

 (31) If a suspect or accused requests appointment of a counsel on the basis of clause (2) 1) of this section, the investigative body, Prosecutor’s Office or court explains the terms and conditions of payment of remuneration and the procedure for compensation for costs to the counsel appointed to him or her.
[RT I, 28.12.2016, 14 - entry into force 01.04.2017]

 (4) If there is no suspect or accused in a criminal matter but the Prosecutor’s Office has applied for deposition of the testimony of a witness, the Estonian Bar Association shall appoint a counsel at the request of a preliminary investigation judge to represent the interests of a potential suspect in the hearing of a witness.

 (5) An order of an investigative body, Prosecutor’s Office or court on the appointment of a counsel shall be sent to the Estonian Bar Association.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 44.  Substitute counsel

 (1) The counsel may appoint a substitute counsel to participate in criminal proceedings in his or her stead during the period of time when he or she is prevented from participating in the proceedings. An investigative body, Prosecutor’s Office or court may appoint a substitute counsel in criminal proceedings in the cases provided by law.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2) The substitute counsel has the rights and obligations of counsel.

§ 441.  Substitute counsel provided under state legal aid

 (1) In pre-court proceedings, the Estonian Bar Association shall appoint a substitute counsel based on an order of an investigative body, the Prosecutor's Office or court if the counsel chosen by the person cannot assume the duties of defence within 12 hours as of the detention of the person as a suspect or, in other cases, within 24 hours as of entry into an agreement to defend the suspect or accused or summoning to the body conducting the proceedings and the counsel has not appointed a substitute counsel for himself or herself.

 (2) In judicial proceedings, the court may decide to appoint a substitute counsel if a chosen or appointed counsel cannot appear at the court session held in a matter dealt with by regular procedure in which he or she has assumed the duties of defence, and the counsel has not appointed a substitute counsel for himself or herself.

 (3) If a chosen or appointed counsel is unable to participate in judicial hearing of a matter within three months as of the preliminary hearing, the court shall appoint a substitute counsel, requiring the Estonian Bar Association to appoint a counsel within one month as of making the court order and ensure the participation of the appointed counsel in judicial hearing within two months as of his or her appointment. If it becomes evident within one month as of making the order that the chosen or appointed counsel can himself or herself assume the duties of defence, the Estonian Bar Association shall not comply with the order and shall inform the court and provide the reasons thereof.

 (4) In the cases specified in this section, an appointed substitute counsel shall participate in criminal proceedings until the counsel chosen by the suspect or accused or the appointed counsel can assume the defence duties.

 (5) In the cases specified in this section, the appointment of a substitute counsel shall not terminate the authority of the counsel chosen by a suspect or accused or an appointed counsel or release the counsel from his or her defence duties.

 (6) In the cases specified in this section, an appointed substitute counsel shall consult, if possible, with the counsel chosen by the suspect or accused or an appointed counsel prior to assuming the duties of defence and comply with the instructions of the chosen or appointed counsel upon performance of the duties of defence.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 45.  Participation of counsel in criminal proceedings

 (1) The counsel may participate in criminal proceedings as of the moment when a person acquires the status of a suspect in the proceedings or in the case provided for in subsection 43 (4) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The participation of counsel is mandatory for the entire course of criminal proceedings if:
 1) the person was a minor at the time of commission of the criminal offence or unlawful act;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
 2) due to his or her mental or physical disability, the person is unable to defend himself or herself or if defence is complicated due to such disability;
 3) the person is suspected or accused of a criminal offence for which life imprisonment may be imposed;
 4) the interests of the person are in conflict with the interests of another person who has a counsel;
 5) the person has been held in custody for at least four months;
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]
 6) [repealed - RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (3) Participation of a counsel in pre-court proceedings is mandatory as of presentation of the criminal file for examination pursuant to the rules provided in subsection 223 (3) of this Code, except in the case where proceedings concern a criminal offence in the second degree, where the prosecutor considers it possible to resolve the criminal case by alternative procedure, including by alternative procedure conducted as expedited procedure, where the suspect has been informed in writing against a signature of the right to be assisted by counsel, the terms and conditions of being assisted by counsel and the consequences of failure to apply for the assistance of counsel but the suspect has not requested the participation of counsel in the proceedings and the prosecutor or judge finds that participation of a counsel is not required in the interests of the administration of justice.
[RT I, 28.12.2016, 14 - entry into force 01.04.2017]

 (4) The participation of a defence counsel in judicial proceedings is mandatory, except:
 1) in settlement proceedings, including in the settlement proceedings conducted pursuant to expedited procedure provided for in sections 239-250 of this Code, if the suspect or the accused has not submitted a request for participation of a counsel in judicial proceedings and participation of a counsel is not required in the interests of the administration of justice in the opinion of the body conducting proceedings;
 2) in proceedings concerning a criminal offence in the second degree conducted by alternative procedure, including in the proceedings conducted by alternative procedure as expedited procedure provided for in sections 233-238 of this Code, if the accused has waived the right to counsel and participation of a counsel is not required in the interests of the administration of justice in the opinion of the body conducting proceedings.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (41) The requirements for the format of the waiver specified in subsection (4) of this section shall be established by a regulation of the minister responsible for the area.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (42) If, at the request of the accused, the counsel does not participate in judicial hearing of the matter, the accused shall have the same procedural rights and obligations that the counsel would have in the course of the hearing.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (43) [Repealed - RT I, 05.07.2013, 2 - entry into force 15.07.2013]

 (5) An appointed counsel is required to participate in criminal proceedings until the end of consideration of the criminal matter under cassation procedure and he or she may refuse to assume the duties of defence on his or her own initiative or waive the duties of defence that he or she has assumed only on the bases provided in subsection 46 (1) of this Code.

 (6) The performance of duties of defence by a contractual counsel in pre-court proceedings includes participating in the completion of pre-court proceedings.

 (7) The performance of duties of defence by a contractual counsel in a county court includes drawing up an appeal against the decision or order of the county or city court if the person being defended so wishes.

 (8) The performance of duties of defence by a contractual counsel in a circuit court includes drawing up an appeal in cassation or appeal against the decision of the circuit court and preliminary proceedings in the Supreme Court if the person being defended so wishes.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (9) A contractual counsel may refuse to assume the duties of defence on his or her own initiative or waive the duties of defence assumed by him or her on own initiative only on the bases provided for in subsection 46 (1) of this Code.

§ 46.  Refusal to assume duties of defence and waiver of assumed duties of defence

 (1) A counsel may, on his or her own initiative and with the consent of the management of the law office, refuse to assume the duties of defence or waive the duties of defence assumed by him or her if:
 1) the counsel has been exempted from the obligation to maintain a professional secret pursuant to the procedure provided for in subsection 45 (5) of the Bar Association Act or if the suspect or accused has requested the performance of an act which is in violation of law or the requirements for professional ethics;
 2) performance of the duties of defence by such counsel would be in violation of the right of defence;
 3) the person being defended violates any of the essential conditions of the client contract.

 (11) [Repealed - RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2) The body conducting proceedings shall be immediately notified of a refusal to assume the duties of defence or waiver of assumed duties of defence.

 (3) A refusal to assume the duties of defence or waiver of assumed duties of defence shall have legal effect as of the moment when a new counsel assumes the duties of defence.

 (4) If a counsel has refused to assume the duties of defence or has waived the duties of defence previously assumed by him or her, the new counsel who assumed the duties of defence thereafter may request that investigative activities requiring the participation of the person being defended and the counsel be postponed by three days in order to be able to examine materials of the criminal matter.

§ 47.  Rights and obligations of counsel

 (1) A counsel has the right to:
 1) receive from natural and legal persons documents necessary for the provision of legal assistance to the person being defended;
 2) submit evidence;
 3) submit requests and complaints;
 4) examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of the procedural acts, with such statements being recorded in the minutes;
 5) with the knowledge of the body conducting the proceedings, use technical equipment in the performance of the duties of defence if this does not interfere with the performance of procedural acts;
 6) participate in the investigative activities carried out in the presence of the person being defended during pre-court proceedings with the right to put questions through the body conducting the proceedings;
 7) after joining criminal proceedings, examine the record of interrogation of the person being defended and the record of detention of the suspect and, upon the completion of pre-court proceedings, all materials in the criminal file;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 8) confer with the person being defended without the presence of other persons for an unlimited number of times with unlimited duration unless a different duration of the conference is provided for in this Code.

 (2) A counsel is required to use all the means and methods of defence which are not prohibited by law in order to ascertain the facts which vindicate the person being defended, prove his or her innocence or mitigate his or her punishment, and to provide other legal assistance necessary in a criminal matter to the person being defended.

 (3) A counsel is required to maintain the confidentiality of all the information which becomes known to him or her upon grant of state legal aid in the course of criminal proceedings. The counsel is allowed to disclose to the person being defended the information which becomes known to him or her upon grant of state legal aid in criminal proceedings. The counsel may disclose information concerning pre-court proceedings about the person being defended only with the consent of the person being defended and where the interests of the administration of justice so require.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 48.  Waiver of counsel

  A suspect and accused may waive counsel in writing during pre-court proceedings unless participation of a counsel is mandatory.

Division 7 Circumstances Precluding Participation in Criminal Proceedings  

§ 49.  Bases for judge to remove himself or herself

 (1) A judge is required to remove himself or herself from criminal proceedings if he or she:
 1) has previously made a decision or a judicial decision of a lower court in the same criminal matter which was annulled by a higher court in part or in full, except in the case the higher court referred the criminal matter in the annulment of the decision for a new hearing by the same court panel;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 2) has made a court order specified in §§ 132, 134, 135 or 137 of this Code as a preliminary investigation judge in the same criminal matter, except in the hearing of the criminal matter in settlement and summary proceedings;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 3) has previously been involved in proceedings in the same criminal in another capacity;
 4) is or has been a person close to the accused, victim or civil defendant pursuant to subsection 71 (1) of this Code.
 5) [repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The participation of a judge in the Criminal Chamber of the Supreme Court does not constitute a basis for the judge to remove himself or herself from further proceedings on the same criminal matter in the Supreme Court.

 (3) Adjudication of an appeal against an order of a preliminary investigation judge or an order of the Prosecutor’s Office does not constitute a basis for a judge to remove himself or herself.

 (4) Persons who are or have been close to each other pursuant to subsection 71 (1) of this Code shall not be members of the same court panel.

 (5) The removal of a judge by himself or herself shall be formalised by a reasoned petition for removal which shall be included in the court file.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) If a judge finds that he or she cannot be impartial for a reason not specified in subsection (1) of this section, the judge shall submit a petition of challenge pursuant to the procedure prescribed in § 491 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 491.  Dealing with petition of challenge submitted by judge

 (1) A judge or court panel shall submit the petition of challenge specified in subsection 49 (6) of this Code to the chairman of the court or a judge appointed by the chairman.

 (2) Until the petition of challenge is resolved, the judge or the court panel having received the petition of challenge may perform only urgent procedural acts.

 (3) The chairman of a court or a judge appointed by the chairman shall, by order, resolve the petition of challenge by written procedure within three working days as of receipt of the petition.

 (4) The petition of challenge of the chairman of a county court shall be resolved by the chairman of the circuit court or a judge appointed by him or her. The petition of challenge of the chairman of the circuit court shall be resolved by the Chief Justice of the Supreme Court or a justice appointed by the Chief Justice. The petition of challenge of a justice of the Supreme Court shall be resolved by the court panel hearing the matter.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 50.  Removal of judge

 (1) If a judge does not remove himself or herself on the basis provided for in § 49 of this Code, a party to judicial proceedings may submit a petition of challenge against the judge.

 (2) Petitions of challenge shall be submitted at the opening of a court session. If the basis for a judge to remove himself or herself becomes evident later and the court is immediately notified thereof, petitions of challenge may be submitted before the final rebuttal of the accused.

 (3) In the event of submission of a petition challenge, the judge may perform only urgent procedural acts before resolution of the petition.

 (4) Before resolving the petition of challenge, the court shall hear the explanation of the judge to be removed and the opinions of the parties.

 (5) Petitions of challenge shall be resolved by an order made in chambers. A petition of challenge regarding a judge shall be adjudicated by the rest of the panel of the court in the absence of the judge to be removed. In the event of an equal division of votes, the judge is removed. A petition of challenge against several judges or the full panel of the court shall be resolved by the same panel of the court by a simple majority. If a court panel finds that the petition of challenge has to be granted for a reason not specified in subsection 49 (1) of this Code, no order shall be made but the petition of challenge shall be referred for resolution in accordance with the rules prescribed in § 491 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) If a criminal matter is heard by a judge sitting alone, the judge shall resolve petitions of challenge himself or herself. If a judge finds that the petition of challenge has to be granted for a reason not specified in subsection 49 (1) of this Code, the judge shall refer the petition of challenge for resolution in accordance with the rules prescribed in § 491 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (7) An appeal against a decision may contain a reference to the basis for the removal of a judge if the petition of challenge was submitted with the lower court on time but was denied or if the basis for removal becomes evident after the adjudication of the criminal matter.

§ 51.  Replacement of removed judge

  If a judge who has removed himself or herself or who has been removed cannot be replaced in the same court, the chairman of the circuit court shall refer the criminal matter for hearing by another county court within the territorial jurisdiction of the circuit court. Referral of a criminal matter for hearing by a county court within the territorial jurisdiction of another circuit court shall be decided by the Chief Justice of the Supreme Court.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 52.  Bases for prosecutor to remove himself or herself

 (1) A prosecutor is required to remove himself or herself from criminal proceedings on the bases provided for in subsections 49 (1) and (6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The fact that a prosecutor has previously participated in the same criminal proceedings as the prosecutor does not constitute a basis for his or her removal.

§ 53.  Removal of prosecutor

 (1) If a prosecutor does not remove himself or herself on a bases provided for in subsections 49 (1) and (6) of this Code, the suspect, accused, victim, civil defendant, third party or counsel may submit a petition of challenge against the prosecutor.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A petition of challenge submitted against a prosecutor in a pre-court proceedings shall be resolved by an order of the Office of the Prosecutor General within five days as of the submission of the petition.

 (3) Petitions of challenge filed in judicial proceedings shall be resolved by the court.

§ 54.  Bases for counsel to remove himself or herself

  A person shall not act as counsel if he or she:
 1) is or has been involved in the proceedings in the same criminal matter in another capacity;
 2) in the same or related criminal matter, has previously defended or represented another person whose interests are in conflict with the interests of the person to be defended.

§ 55.  Bases for removal of counsel

 (1) If the bases provided for in subsection 20 (31) of the State Legal Aid Act exist or if a counsel does not remove himself or herself on the bases provided for in § 54 of this Code, the court shall, by order, remove the counsel on its own initiative or at the request of a party to judicial proceedings.
[RT I 2009, 1, 1 - entry into force 01.01.2010]

 (2) The court shall remove a counsel if it becomes evident in removal proceedings provided for in sections 56 and 57 of this Code that the counsel has abused his or her status in the proceedings by communicating, with the person being defended, after that person has been detained as a suspect or taken into custody, in a manner which may promote the commission of another criminal offence or violation of the internal procedure rules of the custodial institution.

 (3) [Repealed - RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 56.  Request for initiation of proceedings for removal of counsel

 (1) Proceedings for the removal of a counsel shall be conducted:
 1) in a pre-court proceedings, by the preliminary investigation judge;
 2) in a county court, by the judge sitting alone or one of the judges of the panel of the court;
 3) in a circuit court or the Supreme Court, by one of the judges of the panel of the court.

 (2) Submission of a request for initiation of proceedings for the removal of a counsel shall not hinder the pre-court proceedings.

 (3) If a request for initiation of proceedings for the removal of a counsel is submitted in judicial proceedings, the court session shall be adjourned for up to one month.

 (4) On the first working day following the date of receipt of the request for initiation of proceedings for the removal of a counsel, the judge shall schedule the time for a court session for the conduct of the proceedings and notify the Prosecutor's Office which submitted the request, the counsel to be removed, the person being defended by the counsel and, if the counsel to be removed is a member of the Bar Association, the leadership of the Bar Association of the scheduled time.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 57.  Proceedings for removal of counsel

 (1) Proceedings for the removal of a counsel shall be conducted within five days as of receipt of the corresponding request.

 (2) If the person who submitted the request fails to appear at the court session in which removal proceedings are to be conducted, the counsel shall not be removed.

 (3) If a counsel fails to appear, with good reason as referred to in § 170 of this Code, at the court session in which removal proceedings are to be conducted, the proceedings shall be adjourned for up to three days.

 (4) If a counsel who has received the summons fails, without good reason, to appear in a court session in which removal proceedings are conducted or if the reason for his or her failure to appear is unknown or if he or she fails to appear at the court session held after the adjournment, removal proceedings shall be conducted in his or her absence.

 (5) In removal proceedings, the court shall hear the person who submitted the request for the removal, and the counsel, and the person and counsel may submit evidence and put questions to each other with the permission of the court.

 (6) The decision made in removal proceedings shall be formalised as a court order.

 (7) A counsel who has been removed in accordance with the rules provided in this section and in section 55 has the right to re-join criminal proceedings after the basis for removal provided for in subsection 55 (2) of this Code has ceased to exist.

§ 58.  Replacement of removed counsel

  If a counsel removes himself or herself or is removed on a bases provided for in § 55 of this Code, the person being defended may choose a new counsel within the term granted by the court or, in the cases provided for in § 43 or 45 of this Code, a new counsel is appointed for him or her.

§ 59.  Removal of other persons participating in proceeding

 (1) An official of an investigative body who is conducting proceedings in a criminal matter is required to remove himself or herself on the bases provided for in subsections 49 (1) and (6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) An expert, clerk of a court session and interpreter or translator are required to remove themselves or they shall be removed on the bases and pursuant to the procedure provided by §§ 96, 97, 157 and 162 of this Code.

 (4) The representative of a victim, civil defendant, third party and witness is required to remove himself or herself on the bases provided for in § 54 of this Code. Upon removal of the representative of a victim, civil defendant, third party and witness, the provisions prescribed for removal of a counsel in this Code shall be applied.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) Petitions of challenge submitted in pre-court proceedings shall be resolved by an order of the Prosecutor's Office within three days as of the submission of the petition.

 (6) Petitions of challenge filed in judicial proceedings shall be resolved by a court.

Chapter 3 PROOF  

Division 1 General Conditions for Proof and Taking of Evidence  

§ 60.  Proof and matter of common knowledge

 (1) When resolving a criminal matter, a court shall rely on facts which it has declared to be proved or a matter of common knowledge.

 (2) A fact is deemed to be proved if, as a result of the proof submitted, a court is convinced that the facts relating to the subject of proof exist or do not exist.

 (3) A fact concerning which reliable information is available from sources external to criminal proceedings may be declared a matter of common knowledge by the court.

§ 61.  Evaluation of evidence

 (1) No evidence has predetermined weight.

 (2) A court shall evaluate all evidence in the aggregate according to the conscience of the judges.

§ 62.  Subject of proof

  The facts relating to a subject of proof are:
 1) the time, place and manner of commission of the criminal offence and other facts relating to the criminal offence;
 2) the necessary elements of the criminal offence;
 3) the guilt of the person who committed the criminal offence;
 4) information describing the person who committed the criminal offence, and other circumstances affecting the liability of the person.

§ 63.  Evidence

 (1) Evidence means the statements of a suspect, accused, victim, the testimony of a witness, an expert's report, the statements given by an expert upon provision of explanations concerning the expert's report, physical evidence, reports on investigative activities, minutes of court sessions and reports or video recordings on surveillance activities, and other documents, photographs, films or other data recordings.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (11) Submission of information collected pursuant to the Security Authorities Act as evidence in criminal proceedings shall be decided by the Prosecutor General taking into account the restrictions specified in subsections 1261 (2) and 1267 (2) of this Code.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

 (2) Evidence not listed in subsection (1) of this section may also be used in order to prove the facts relating to criminal proceedings, except in the case the evidence has been obtained by a criminal offence or violation of a fundamental right.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 64.  General conditions for taking of evidence

 (1) Evidence shall be taken in a manner which is not prejudicial to the honour and dignity of the persons participating in the taking of the evidence, does not endanger their life or health or cause unjustified proprietary damage. Evidence shall not be taken by torturing a person or using violence against him or her in any other manner or by means affecting a person's memory capacity or degrading his or her human dignity.

 (2) If it is necessary to undress a person in the course of a search, physical examination or taking of comparative samples, the official of the investigative body, the prosecutor and the participants in the procedural act, except health care professionals and forensic pathologists shall be of the same sex as the person.

 (3) If technical equipment is used in the course of taking of evidence, the participants in the procedural act shall be notified thereof in advance and the objective of using the technical equipment shall be explained to them.

 (4) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) If necessary, participants in a procedural act shall be warned that disclosure of information relating to pre-court proceedings is prohibited in accordance with § 214 of this Code.

 (6) The taking of evidence by surveillance activities is regulated by Chapter 31 of this Code.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 65.  Evidence obtained on ships during voyages and in foreign states

 (1) Evidence taken in a foreign state pursuant to the legislation of such state may be used in criminal proceedings conducted in Estonia unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of Estonian criminal procedure taking into account the specifications provided for in subsection (2) of this section.

 (2) If the object of criminal proceedings is an act of a person who serves in the Defence Forces and has committed the act outside the Republic of Estonia, evidence taken in a foreign state may be used in criminal proceedings unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of the Estonian criminal procedure regardless of the fact of whether the procedural act was conducted on the basis of a request for assistance or not.

 (3) If an act to which the Penal Code of Estonia applies is committed on board a ship during a voyage, the documents prepared by the master of the ship pursuant to § 73 of the Merchant Shipping Code are the evidence in the criminal proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Division 2 Hearing of witnesses  

§ 66.  Witness

 (1) A witness is a natural person who may know facts relating to a subject of proof.

 (2) A suspect or accused or the official of the investigative body, prosecutor or judge conducting the proceedings in the criminal matter shall not participate in the same criminal matter as witnesses. An official of an investigative body, prosecutor or judge who has conducted proceedings in the criminal matter may be a witness in judicial proceedings for verifying the reliability of evidence.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (21) The testimony of a witness concerning such facts relating to a subject of proof of which the witness has become aware through another person shall not be evidence unless:
 1) the direct source of the evidence cannot be heard for the reason specified in subsection 291 (1) of this Code;
 2) the content of the testimony of the witness is what he or she heard from another person about the circumstances perceived by him or her immediately before speaking in the case the specified person was, during speaking, still under the influence of what he or she had perceived, and there is no basis to believe that he or she distorts the truth;
 3) the content of the testimony of the witness is what he or she heard from another person and which contains the admission of commission of a criminal offence or which is in another way in obvious conflict with the interests of the speaker;
 4) the content of the testimony of the witness is the circumstances relating to a criminal offence committed jointly.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) A witness is required to give testimony unless there are lawful bases specified in §§ 71-73 of this Code for refusal to give testimony. While giving testimony, the witness is required to tell the truth.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 67.  Ensuring safety of witnesses

 (1) Taking into account the gravity of a criminal offence or the exceptional circumstances relating thereto, a preliminary investigation judge may, at the request of the Prosecutor’s Office, declare a witness anonymous by an order in order to ensure the safety of the witness.

 (2) In order to make an order on anonymity, a preliminary investigation judge shall question the witness in order to ascertain his or her reliability and the need to ensure his or her safety, and shall hear the opinion of the prosecutor. If necessary, the preliminary investigation judge shall examine the criminal file.

 (3) A fictitious name shall be assigned to an anonymous witness on the basis of the order on anonymity and the name shall be used in procedural acts in accordance with subsection 146 (8) of this Code.

 (4) Information concerning the name, personal identification code or, in the absence thereof, date of birth, citizenship, education, residence and place of employment or the educational institution of a witness declared anonymous shall be enclosed in an envelope bearing the number of the criminal matter and the signature of the person conducting the proceedings. The envelope shall be sealed and kept separately from the criminal file. The information contained in the envelope shall be examined only by the person conducting the proceedings who shall seal and sign the envelope again after examining the information.

 (5) In judicial proceedings, a witness bearing a fictitious name shall be heard by telephone pursuant to the rules provided in clause 69 (2) 2) of this Code using voice distortion equipment, if necessary. Questions may be also submitted to the witness in writing.

 (6) Regardless of whether or not a witness has been declared anonymous, the provisions of the Witness Protection Act may be applied to the witness in order to ensure his or her safety.
[RT I 2005, 39, 307 - entry into force 21.07.2005]

§ 671.  Representative of witness

 (1) A witness may request that an advocate or any other person who meets the educational requirements established for contractual representatives be present for the protection of his or her rights at the interrogation of the witness in the pre-court proceedings.

 (2) The body conducting the proceedings shall not allow a witness to be represented at the interrogation by persons who are already parties to the proceedings, witnesses or qualified persons, who may prove to be witnesses or qualified persons in the criminal matter concerned or if there is a reasonable doubt that the interests of the person are in conflict with the interests of the witness. Such prohibition to allow a person to act as a representative shall be formalised by an order of the body conducting proceedings, and the witness may contest it before the preliminary investigation judge within two working days as of receipt of the order.

 (3) If a witness fails to appear for interrogation within two working days as of the time of the act specified in the summons of the body conducting proceedings together with a representative in compliance with the requirements of subsections (1) and (2) of this section, the interrogation shall be conducted without a representative.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (4) The representative of a witness has the right to intervene in the interrogation if violation of the procedural requirements results in violation of the rights of the witness and to submit complaints on the bases of and pursuant to the procedure specified in Division 5 of Chapter 8 of this Code. The representative of the witness does not have the right to give testimony in the name of the principal.

 (5) A representative is required to maintain the confidentiality of all the information which becomes known to him or her upon grant of state legal aid in the course of criminal proceedings. The representative is allowed to disclose to the principal the information which becomes known to him or her upon grant of state legal aid. The representative may disclose information concerning pre-court proceedings about the principal only with the consent of the principal and under the conditions prescribed in § 214 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 68.  Interrogation of witnesses

 (1) The rights and obligations of witnesses and the right to write their testimony in their own hand shall be explained to the witness.

 (2) A witness of at least fourteen years of age shall be warned against refusal to give testimony without a legal basis and giving knowingly false testimony, and the witness shall sign the minutes of the hearing to that effect. If necessary, it is explained to the witness that intentional silence on the facts known to him or her shall be considered refusal to give testimony.

 (3) While giving testimony, a witness may use notes and other documents concerning numerical data, names and other information which is difficult to memorise.

 (4) A witness may be heard only as regards the facts relating to a subject of proof. Leading questions may be posed only in the cases specified in clauses 2881 (2) 2)-5) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) Questions concerning the moral character and habits of a suspect, accused or victim may be put to a witness only if the act which is the object of criminal proceedings needs to be assessed in inseparable connection with his or her previous conduct.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 69.  Telehearing

 (1) A body conducting the proceedings may organise telehearing of a witness if the direct hearing of the witness is complicated or involves excessive costs or if it is necessary to protect the witness or the victim.

 (2) For the purposes of this Code, telehearing means hearing:
 1) by means of a technical solution as a result of which the participants in proceedings immediately see and hear the witness giving testimony outside the investigative body, Prosecutor’s Office or court directly and may hear the witness through the person conducting the proceedings;
 2) by telephone, as a result of which the participants in proceedings immediately hear the witness giving testimony outside the investigative body or court and may question the witness through the person conducting the proceedings.

 (3) Telehearing by telephone is permitted only with the consent of the person to be heard and the suspect or accused. The consent of the suspect or accused is unnecessary for the telehearing of anonymous witnesses by telephone.

 (4) The minutes of a telehearing shall contain a notation that the witness has been warned against refusal to give testimony without a legal basis and giving knowingly false testimony.

 (5) The provisions of § 48941 of this Code apply to hearing of witnesses staying in a foreign state, in co-operation between the Member States of the European Union, and in other cases the provisions of § 468 of this Code.
[RT I, 26.06.2017, 70 - entry into force 06.07.2017]

 (6) The minister responsible for the area may establish more specific requirements for organising telehearing.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 691.  Deposition of testimony

 (1) The Prosecutor’s Office, suspect or counsel may request hearing, before a preliminary investigation judge, of a person who is a witness in criminal proceedings, if the object of criminal proceedings is an intentional criminal offence for which at least up to three years' imprisonment is prescribed as punishment.

 (2) A court shall grant the request if circumstances arise which enable to conclude that later hearing of a witness in judicial hearing of a criminal matter may be impossible or the witness may be influenced to give false testimony. The court shall formalise denial of the request by a reasoned order which can be contested by way of an appeal against the court order.

 (3) The court shall resolve the request for deposition of testimony within five days as of the receipt thereof and if the request is granted shall determine, at the earliest opportunity, the time of hearing and notify the Prosecutor’s Office and the counsel immediately thereof.

 (4) The prosecutor, counsel, suspect and witness shall be summoned to the hearing before a preliminary investigation judge. A suspect shall not be summoned to hearing at the request of a witness or the prosecutor if the presence of the suspect at the hearing poses a threat to the safety of the witness. Summoning of persons to deposition of testimony shall be arranged by the participant in proceedings who requests the hearing. A counsel may request the assistance of a preliminary investigation judge for summoning a person to the extent provided for in subsections 1631 (4) and (5) of this Code.

 (5) Failure of a suspect who has received his or her summons to appear does not hinder the hearing. No hearing shall be conducted if a prosecutor or counsel who has received his or her summons does not appear for good reason and has given a prior notice thereof to the court. If the participant in proceedings who requested the hearing fails to appear for hearing or the person whose hearing is requested by a judge is not taken to the judge, no hearing shall be conducted before the preliminary investigation judge.

 (6) The provisions of §§ 155-158 and 287-291 of this Code shall apply to hearing and taking of minutes thereof.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 70.  Specifications concerning hearing of witnesses who are minors

 (1) A body conducting proceedings may involve a child protection official, social worker, teacher or psychologist in the hearing of a witness who is a miner.
[RT I, 11.07.2013, 1 - entry into force 01.09.2013]

 (2) If a body conducting proceedings has not received appropriate training, involvement of a child protection official, social worker, teacher or psychologist in the hearing of a minor is mandatory if:
[RT I, 11.07.2013, 1 - entry into force 01.09.2013]
 1) the witness is up to ten years of age and repeated hearing may have a harmful effect on the mind of a minor;
 2) the witness is up to fourteen years of age and the hearing is related to domestic violence or sexual abuse;
 3) the witness is with speech impairments, sensory or learning disabilities or mental disorders.

 (3) If necessary, the hearing of minors is video recorded. In the case specified in subsection (2) of this section, the hearing of minors is video recorded if the intention is to use such hearing as evidence in judicial proceedings because hearing of a minor directly in a court is impossible due to his or her age or mental state.

 (4) A suspect has the right to examine during the pre-court proceedings the video recordings specified in (3) of this section. The suspect or a counsel has the right to submit questions to witnesses during five days after the examining. The Prosecutor’s Office shall consider a request within five days as of the receipt thereof. Denial of a request shall be formalised by an order a copy of which shall be communicated to the person who submitted the request. The fact that the request was denied shall not prevent re-submission of the request in accordance with the rules in section 225 of this Code or in judicial proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 71.  Refusal to give testimony for personal reasons

 (1) The following persons have the right to refuse to give testimony as witnesses:
 1) the descendants and ascendants of the suspect or accused;
 2) a sister, stepsister, brother or stepbrother of the suspect or accused, or a person who is or has been married to a sister, stepsister, brother or stepbrother of the suspect or accused;
 3) a step or foster parent or a step or foster child of the suspect or accused;
 4) an adoptive parent or an adopted child of the suspect or accused;
 5) the spouse of or a person permanently living together with the suspect or accused, and the parents of the spouse or person, even if the marriage or permanent cohabitation has ended.

 (2) A witness may also refuse to give testimony if:

 (1) the testimony may lay blame on him or her or a person listed in subsection (1) of this section for the commission of a criminal offence or a misdemeanour;
 2) he or she has been acquitted or convicted in the same criminal offence as a joint principal offender or an accomplice.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 72.  Refusal to give testimony due to professional or other activities

  [RT I, 21.12.2010, 1 - entry into force 31.12.2010]

 (1) The following persons have the right to refuse to give testimony as witnesses concerning the circumstances which have become known to them in their professional or other activities:
[RT I, 21.12.2010, 1 - entry into force 31.12.2010]
 1) the ministers of religion of the religious organisations registered in Estonia;
 2) counsels and notaries unless otherwise provided by law;
 3) health care professionals and pharmacists regarding circumstances concerning the descent, artificial insemination, family or health of a person;
 31) persons processing information for journalistic purposes regarding information which enables identification of the person who provided the information, except in the case taking of the evidence by other procedural acts is precluded or especially complicated and the object of criminal proceedings is a criminal offence for which at least up to eight years' imprisonment is prescribed as punishment, there is predominant public interest for giving testimony and the person is required to give testimony at the request of the Prosecutor’s Office based on an order of a preliminary investigation judge or court order;
[RT I, 21.12.2010, 1 - entry into force 31.12.2010]
 4) persons on whom the obligation to maintain a professional secret has been imposed by law.

 (2) The professional support staff of the persons specified in clauses (1) 1)-3) of this section also have the right to refuse to give testimony.

 (21) In the case provided for in clause (1) 31) of this section, the persons who in their professional activities come across the circumstances which may identity the person who provided information to the person processing the information for journalistic purposes has the right to refuse to give testimony.
[RT I, 21.12.2010, 1 - entry into force 31.12.2010]

 (3) The persons specified in subsection (1) of this section and their professional support staff and the persons specified in subsection (21) do not have the right to refuse to give testimony if their testimony is requested by a suspect or accused.
[RT I, 21.12.2010, 1 - entry into force 31.12.2010]

 (4) If the court is convinced on the basis of a procedural act that the refusal of a person specified in subsection (1) or (2) of this section to give testimony is not related to his or her professional activities, the court may require the person to give testimony.

§ 73.  Refusal to give testimony concerning state secrets or classified information of foreign states

  [RT I 2007, 16, 77 - entry into force 01.01.2008]

 (1) A witness has the right to refuse to give testimony concerning circumstances to which the State Secrets and Classified Information of Foreign States Act applies.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

 (2) If a witness refuses to give testimony in order to protect a state secret or classified information of a foreign state, the investigative body, Prosecutor’s Office or court shall request the agency in possession of the state secret or classified information of a foreign state to confirm classification of the facts as state secret or classified information of a foreign state.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

 (3) If an agency in possession of a state secret or classified information of a foreign state does not confirm classification of facts as state secret or classified information of a foreign state or does not respond to a request specified in subsection (2) of this section within twenty days, the witness is required to give testimony.

§ 74.  Minutes of hearing of witness

  [RT I 2007, 16, 77 - entry into force 01.01.2008]

 (1) The following shall be entered in the minutes of the hearing of a witness:
 1) the name, personal identification code or, in the absence thereof, date of birth, citizenship, education, residence and the place of work or the name of the educational institution of the witness;
 2) the relationship between the witness and the suspect or accused;
 3) the testimony.

 (2) In the minutes of an additional or repeated hearing, the personal data of the person being heard or information concerning the relationship between him or her and the suspect or accused shall not be repeated but reference shall be made to the minutes of the first hearing.

 (3) At the request of a witness, the residence or place of work or the name of the educational institution of the witness shall not be indicated in the minutes of the hearing of the witness. Such data shall be appended to the minutes of the hearing in a sealed envelope.

 (4) After a witness being heard has spoken in his or her own words, he or she may write the testimony in the minutes of the hearing in hand-writing, and a corresponding notation shall be made in the minutes.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Division 3 Interrogation of Suspect  

§ 75.  Interrogation of Suspect

 (1) Upon application of interrogation of a suspect, his or her name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship, education, native language and the place of work or educational institution shall be ascertained.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (2) At the beginning of interrogation, it shall be explained to the suspect that he or she has the right to refuse to give statements and that the statements given may be used against him or her.

 (3) The suspect shall be asked whether he or she committed the criminal offence of which he or she is suspected and a proposal shall be made to the suspect to give statements in his or her own words concerning the facts relating to the criminal offence on which the suspicion is based.

 (31) The suspect and his or her counsel have the right to get a copy of the record of interrogation of the suspect during the interrogation to the extent provided for in clauses 76 (1) 1)-3) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) Subsections 66 (21) and 68 (3)-(6) of this Code apply to interrogation of suspects.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 76.  Record of interrogation of suspect

 (1) The following shall be entered in the minutes of the hearing of a witness:
 1) the name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship, education, native language and the place of work or educational institution of the suspect;
 2) marital status of the suspect;
 3) the facts relating to the criminal offence of which the person is suspected and the legal assessment of the criminal offence pursuant to the relevant section, subsection and clause of the Penal Code;
 4) statements of the suspect.

 (2) The record of interrogation of a suspect shall be prepared pursuant to subsections 74 (2) and (4) of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Division 4 Confrontation, Comparison of Statements to Circumstances and Presentation for Identification  

§ 77.  Confrontation

 (1) Persons may be confronted if a contradiction contained in their statements cannot be eliminated otherwise.

 (2) In confrontation, the relationship between the persons confronted shall be ascertained and questions concerning the contradicting facts shall be posed to them in series.

 (3) In confrontation, the previous statements of a person confronted may be disclosed and other evidence may be submitted.

 (4) With the permission of an official of the investigative body, the persons confronted may pose questions to each other through the official concerning the contradictions contained in their statements. If necessary, the official of the investigative body changes the wording of a question posed.

 (5) In the course of confrontation, statements are obtained pursuant to subsections 66 (21) and 68 (2)-(6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) The body conducting proceedings may organise the participation of a person confronted in confrontation by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code. Confrontation organized by means of a technical solution shall be video recorded.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 78.  Record of confrontation

 (1) A record of confrontation shall set out the course and results of the procedural act in the form of questions and answers in the order of the questions posed and answers given.

 (2) At the request of the body conducting proceedings the correctness of each answer recorded shall be confirmed by the signatures of the persons confronted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) If the answers of the persons confronted coincide, the answers may be recorded as a single answer.

 (4) If the previous statements of a person confronted are disclosed or other evidence is submitted, such disclosure or submission shall be evident from the wording of the questions recorded.

§ 79.  Comparison of statements to circumstances

 (1) Upon comparison of statements to circumstances, a proposal shall be made to a suspect, accused, victim or witness who has been interrogated or heard to explain and specify the facts relating to the criminal act on the scene of the act and compare his or her statements to the circumstances on the scene.

 (2) If it is necessary in pre-court proceedings to compare the statements of several persons to circumstances, the comparison shall be conducted separately with each person.

 (3) In the course of comparison of statements to circumstances, statements are obtained pursuant to subsections 66 (21) and 68 (2)-(6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 80.  Report on comparison of statements to circumstances

  A report on comparison of statements to circumstances shall set out:
 1) the proposal made to the suspect, accused, victim or witness to explain and specify the facts relating to the subject of proof on the scene of events;
 2) the statements given upon comparison of statements to circumstances;
 3) the nature and content of the acts performed by the suspect, accused, victim or witness and the name of the place or object the circumstances relating to which are compared to the statements or acts;
 4) whether and to which extent the circumstances on the scene of events have been recreated in the course of the procedural act;
 5) the location, on the scene of events, of the object the circumstances relating to which are compared to the statements, and information derived from inspection of the object;
 6) the names of the objects which are confiscated in order to be used as physical evidence.

§ 81.  Presentation for identification

 (1) If necessary, the person conducting proceedings may present a person, thing or other object for identification to a suspect, accused, victim or witness who has been heard or interrogated.

 (2) A person, thing or other object shall be presented for identification with at least two other similar objects.

 (3) A set of objects shall not be formed if the object presented for identification is:
 1) a body;
 2) an area, building, room or other object in the case of which presentation of several objects concurrently is impossible;
 3) an object the features of which are substantially different from other objects and therefore a set of similar objects cannot be formed.

 (4) If necessary, a photograph, film or audio or video recording of a person, thing or other object shall be presented for identification.

 (5) Presentation for identification may be repeated if the object was first presented for identification on a photograph, film or video recording or if there is reason to believe that the object was not recognised because it had changed, and it is possible to restore the former appearance of the object.

 (6) If a suspect, accused, victim or witness recognises an object which is presented to him or her for identification or confirms the similarity of the object to the object related to the act under investigation, he or she shall be asked to specify the features on the basis of which he or she reached such conclusion and to explain how the object and the act are related. If he or she denies equivalence or similarity, he or she shall be asked to explain how the object or objects presented to him or her differ from the object related to the act under investigation.

 (7) If an object or a set of objects is presented for identification, it shall be photographed or video recorded.

 (8) In the course of presentation for identification, statements are obtained pursuant to subsections 66 (21) and 68 (2)-(6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 82.  Report on presentation for identification

 (1) A report on presentation for identification shall set out:
 1) the names of the object or objects presented for identification;
 2) the essential features which were similar for all the objects presented for identification, and where the object presented for identification was located among the other objects;
 3) the place chosen by the person presented for identification among the other persons;
 4) the proposal made to the identifier to watch the object or objects presented to him or her and say whether he or she recognises the object related to the event under investigation and whether he or she finds the object similar to or different from the other objects;
 5) the features by which the identifier recognised the object.

 (2) If a person who has been recognised contests the result of the procedural act, a corresponding notation shall be made in the report.

Division 5 Inspection and Inquiries to Electronic Communications Undertakings  
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 83.  Objective of inspection and objects of inspection

 (1) The objective of an inspection is to collect information necessary for resolving the criminal matter, detect the evidentiary traces of the criminal offence and confiscate objects which can be used as physical evidence.

 (2) The objects of inspection are:
 1) a scene of events;
 2) a body;
 3) a document, any other object or physical evidence;
 4) in the case of physical examination, the person and the postal or telegraphic item.

 (3) If the explanations of a suspect, accused, witness, qualified person or victim help to ensure the thoroughness, comprehensiveness and objectivity of the inspection, such person shall be asked to be present at the inspection.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 84.  Inspection of scene of events

 (1) Inspection of a scene of events shall be conducted at the place of commission of a criminal offence or a place related to the commission of a criminal offence.

 (2) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 85.  Inspection of body

 (1) Inspection of a body shall be conducted on a scene of events or at any other location of the body.

 (2) The following shall be ascertained upon inspection of a body:
 1) the identity of the body or, in the case of an unidentified body, a description of the body;
 2) the location and position of the body;
 3) the evidentiary traces of a criminal offence and the objects adjacent to the body;
 4) the evidentiary traces of a criminal offence on the uncovered parts of the body, clothes, footwear, and covered parts of the body;
 5) the signs of death;
 6) other characteristics necessary for resolving the criminal matter.

 (3) If possible, inspection of a body shall be conducted in the presence of a forensic pathologist or qualified person whose task is to:
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 1) ascertain that the person is dead unless death is evident;
 2) assist the official of the investigative body in the conduct of the inspection in order to collect and record the source information necessary for an expert assessment.

§ 86.  Inspection of document, other object or physical evidence

 (1) Upon inspection of a document or any other object, the evidentiary traces of a criminal offence and other features which are necessary for resolving the criminal matter and form the basis for using the object as physical evidence shall be ascertained.

 (2) If additional examination of a document, thing or any other object used as physical evidence is necessary, inspection of the physical evidence shall be conducted.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 87.  Inspection report

 (1) An inspection report shall set out:
 1) a description of the circumstances on the scene of events;
 2) the identity of the body or, in the case of an unidentified body, a description of the body;
 3) the names and characteristics of the documents or other objects discovered in the course of the inspection;
 4) a description of the evidentiary traces of the criminal offence;
 5) other information derived from the inspection;
 6) the names and numbers of the objects which have been confiscated in the course of the procedural act in order to be used as physical evidence.

 (2) The statements of the persons participating in the inspection of a scene of events or information relating to the surveillance activities conducted in the course of the inspection shall not be recorded in the report on the inspection of the scene of events.

§ 88.  Physical examination

 (1) The following shall be ascertained upon physical examination:
 1) whether there are evidentiary traces of a criminal offence on the body, clothes or footwear of the person and whether this gives reason to declare him or her as a suspect;
 2) the nature of any health damage and the location and other characteristics of injuries;
 3) the specific features of the body of the suspect, accused or victim or the distinctive characteristics on his or her body which need to be recorded with a view to resolving the criminal matter;
 4) whether the person has objects which can be used as physical evidence with him or her or hidden in his or her body;
 5) other facts relating to a subject of proof in the criminal matter.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (2) If the objective of a physical examination is to detect the evidentiary traces of a criminal offence on the body of the person, a forensic pathologist, a health care professional or another qualified person shall participate in the examination.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) Samples and assessment material may be taken from a person upon physical examination. Samples and assessment material shall be taken in accordance with the provisions of § 100 of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (4) A report on physical examination shall set out:
 1) a description of the evidentiary traces of a criminal offence discovered on the body, clothes or footwear of the person;
 2) a description of the specific features or distinctive characteristics of the body of the person;
 3) the names of the objects which have been discovered in the course of the procedural act and can be used as physical evidence.

 (5) A report on physical examination shall not contain conclusions as to the type of health damage, the time of incurring the health damage or the manner in or means by which the health damage was caused.

§ 89.  Seizure and examination of postal or telegraphic items

 (1) A postal or telegraphic item is seized for the purposes of examination at the request of the Prosecutor’s Office and on the basis of an order of a preliminary investigation judge or on the basis of a court order.

 (2) An order on the seizure of a postal or telegraphic item shall set out:
 1) the name of the sender or addressee of the seized item and the residence or seat and address thereof;
 2) the reason for the seizure;
 3) the procedure for notifying an investigative body of the seized postal or telegraphic item.

 (3) A copy of an order on the seizure of a postal or telegraphic item shall be sent to the head of the provider of the postal or telecommunications service for execution.

 (4) In the course of examination of a postal or telegraphic item, information derived from inspection of the circumstances relating to the subject of proof shall be collected and the item to be used as physical evidence in criminal proceedings shall be confiscated from the provider of the postal or telecommunications service. An object of examination which is not related to the criminal matter shall be communicated to the addressee by the provider of the postal or telecommunications service.

 (5) A postal or telegraphic item shall be released from seizure by an order of the Prosecutor’s Office. A copy of an order on release from seizure shall be communicated to the persons who are not participants in proceedings but in the case of whom the confidentiality of messages has been violated by the seizure and examination of the postal or telegraphic item.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 90.  Report on examination of postal or telegraphic items

  A report on the examination of a postal or telegraphic item shall set out:
 1) a reference to the order on the seizure of the postal or telegraphic item;
 2) the name of the object of seizure;
 3) information derived from the examination;
 4) the name of the postal or telegraphic item which was confiscated in order to be used as physical evidence.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 901.  Request to electronic communications undertakings to submit information

 (1) A body conducting proceedings may make enquiries to electronic communications undertakings about the data required for the identification of an end-user related to the identification tokens used in the public electronic communications network, except for the data relating to the fact of communication of messages.

 (2) With the permission of the Prosecutor’s Office an investigative body may make enquiries in pre-court procedure or with the permission of the court in proceedings before that court to electronic communications undertakings about the data listed in subsections 1111 (2) and (3) of the Electronic Communications Act and not specified in the first subsection of this section. The permission to make inquiries shall set out the dates of the period of time about which the requesting of data is permitted.

 (3) The enquiries prescribed in this section may be made only if this is unavoidably necessary for achievement of the purpose of criminal proceedings.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

Division 6 Search and Investigative Experiment  

§ 91.  Search

 (1) The objective of a search is to find an object to be confiscated or used as physical evidence, a document, thing or person necessary for resolving the criminal matter, assets to be seized in criminal proceedings, or a body, or to apprehend a fugitive in a building, room, vehicle or enclosed area. A search may be conducted if there is reasonable doubt that the object to be found is at the place of the search.

 (2) Unless otherwise provided by this Code, a search may be conducted at the request of the Prosecutor’s Office on the basis of an order of a preliminary investigation judge or on the basis of a court order. Both an order of a preliminary investigation judge as well as a court order resolving a search request by the Prosecutor’s Office may be drawn up as an endorsement on the request of the Prosecutor’s Office.

 (3) A search may be conducted on the basis of an order of the Prosecutor’s Office, except for searches of a notary's office or advocate's law office or at the persons processing information for journalistic purposes, if there is reason to believe that the suspect used or uses the site or vehicle to be searched at the time of commission of a criminal act or during the pre-court proceedings, and the person is suspected of committing the crime specified in subsection 1262 (2) of this Code.

 (4) A search warrant shall set out:
 1) what is being searched for as the objective of the search (hereinafter object to be found);
 2) the reasons for the search;
 3) the place where the search is conducted.

 (5) In the cases of urgency, if execution of a search warrant on time is impossible, a search may be conducted on the terms and conditions specified in subsection (3) of this section on the basis of an authorisation of the Prosecutor’s Office issued in a format which can be reproduced in writing.

 (6) When a search is conducted on the bases specified in subsections (3) and (5) of this section, a preliminary investigation judge has to be notified thereof through the Prosecutor’s Office during the first working day following the beginning of the search. A preliminary investigation judge shall decide on the admissibility of the search by an order which may be drawn up as an inscription on the determination of the Prosecutor’s Office.

 (7) If a search is conducted, the search warrant shall be presented for examination to the person whose premises are to be searched or to his or her adult family member or a representative of the legal person or the state or local government agency whose premises are to be searched. The warrant shall be signed to confirm the presentation. In the case specified in subsection (5) of this section, the person whose premises are to be searched or his or her adult family member or a representative of the legal person or the state of local government agency whose premises are to be searched shall be explained upon implementation of a search the circumstances specified in subsections (4) of this section and the reasons for conducting a search urgently. The search report shall be signed to confirm that explanations of the circumstances were provided. In the absence of the responsible person or representative, a representative of the local authority shall be involved.

 (8) A notary's office or an advocate's law office shall be searched in the presence of the notary or advocate. If the notary or advocate cannot be present during the search, the search shall be conducted in the presence of a person substituting for the notary or another advocate providing legal services through the same law office, or if this is impossible, another notary or advocate.

 (9) When a search is implemented, the person shall be asked to hand over the object to be found or to show where the body is hidden or the fugitive is hiding. If the proposal is not complied with or if there is reason to believe that the person complied with the proposal only partly, a search shall be conducted.

 (10) In the course of a search, all objects may be taken away which are subject to confiscation or are evidently the evidence in the criminal proceedings if they were discovered without any search in a clearly visible place or in the course of reasonable search undertaken to find the objects to be found.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

§ 911.  Entry against possessor's will

  If entry into a building, premises, vehicle or enclosed area against the will of the possessor thereof is required for performance of a procedural act, it shall be done in compliance with the procedure provided for in § 91 of this Code, except for the case this is necessary for:
 1) observation of a body or crime scene immediately after finding of the body or commission of the criminal offence, or
 2) for detention of a person as a suspect immediately after the commission of the criminal offence.
[RT I, 12.07.2014, 1 - entry into force 13.07.2014]

§ 92.  Search report

 (1) A search report shall set out:
 1) a proposal to hand over the object to be found or to show where the body is hidden or the fugitive is hiding;
 2) the names of the objects which were handed over voluntarily;
 3) the conditions, course and results of the search;
 4) the names of the objects found and the characteristics of the objects which are relevant with a view to resolving the criminal matter;
 5) the identification data of apprehended fugitives.
[RT I, 13.03.2019, 2 - entry into force 15.03.2019]

 (11) In the case specified in subsection 91 (5) of this Code, the circumstances specified in subsection 91 (4) shall be indicated in the introduction to the search report and the reasons why the search in urgent.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (2) If physical examination is performed in the course of a search, the data listed in subsection 88 (4) of this Code may be entered in the search report. In such case a report on physical examination need not be prepared.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 93.  Investigative experiment

 (1) The objective of an investigative experiment is to ascertain whether circumstances relating to an event under investigation existed or an act was performed at the time of commission of a criminal act or whether their existence or performance was perceptible.

 (2) A suspect, accused, victim or witness shall participate in an investigative experiment if:
 1) his or her assistance is necessary in order to recreate the circumstances relating to an event;
 2) the results of the investigative experiment enable his or her statements or testimony to be verified;
 3) the results of the experiment depend on the characteristics, abilities or skills of the participant in the experiment.

 (3) Physical evidence may be used in an investigative experiment if:
 1) replacement of the physical evidence may influence the results of the investigative activities, and the destruction of the evidence is precluded;
 2) it is not necessary to present the physical evidence for identification to a person participating in the investigative experiment.

 (4) In the evaluation of the results of an investigative experiment, conclusions based on specific expertise shall not be drawn.

§ 94.  Report on investigative experiment

  A report on an investigative experiment shall set out:
 1) the issue for the resolution of which it is deemed necessary to conduct tests;
 2) whether and how the circumstances on the scene of events were recreated for the purposes of the tests;
 3) whether the suspect, accused, witness or victim has confirmed the correspondence of the circumstances relating to the investigative experiment to the circumstances relating to the event under investigation;
 4) a description of the tests: the number, order, conditions, changes in the number, and the content of the tests;
 5) the results of the tests.

Division 7 Ascertainment of Facts Requiring Expertise  
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 95.  Expert

 (1) Expert means a person who uses his or her specific non-legal expertise in the conduct of an expert assessment in the cases and pursuant to the procedure provided for in this Code.

 (2) Upon ordering expert assessment, the body conducting proceedings shall prefer a state forensic institution. If the required class of expert assessment is not on the list of the expert assessments conducted by a state forensic institution, the body conducting the proceedings shall give preference upon appointment of an expert to an officially certified expert but other persons with the relevant knowledge may also be appointed as experts.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (3) If an expert assessment is arranged outside a forensic institution, the body conducting the proceedings shall ascertain whether the person to be appointed as an expert is impartial with regard to the criminal matter and consents to conduct the expert assessment. The rights and obligations of experts provided for in § 98 of this Code shall be explained to him or her. If a person who has not been sworn in is appointed as an expert, he or she shall be warned about a criminal punishment for rendering a knowingly false expert opinion. The body conducting proceedings shall determine the term of an expert assessment by agreement with the expert.

 (4) The body conducting proceedings may request an expert assessment to be conducted in a foreign forensic institution and use an expert opinion rendered in a foreign state as evidence in the resolution of a criminal matter.

§ 96.  Bases for expert to remove himself or herself

 (1) An expert is required to remove himself or herself from criminal proceedings:
 1) on the bases provided for in subsections 49 (1) and (6) of this Code;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 2) if he or she works in a position subordinate to a participant in criminal proceedings or an official of an investigative body who is conducting proceedings in the criminal matter or is in any other dependent relationship with such persons.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (2) A committee of experts shall not include persons close to each other as specified in subsection 71 (1) of this Code.

 (3) Earlier participation of an expert in criminal proceedings as an expert or qualified person does not constitute a basis for him or her to remove himself or herself.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) The removal of an expert by himself or herself shall be formalised on the basis of a reasoned request for removal which shall be included in the criminal file.

§ 97.  Removal of expert

 (1) If an expert does not remove himself or herself on a bases provided for in § 96 of this Code, a suspect, accused, victim, civil defendant or counsel may submit a petition of challenge against the expert.

 (2) A petition of challenge against an expert shall be resolved pursuant to the procedure provided for in subsections 59 (5) and (6) of this Code.

§ 98.  Rights and obligations of experts

 (1) An expert conducting an expert assessment has the right to:
 1) request additions to be made to the materials of the expert assessment;
 2) in order to ensure the completeness of the assessment materials, participate in procedural acts at the request of the investigative body or Prosecutor’s Office and in court hearing at the request of the court;
 3) examine the materials of the criminal matter in so far as this is necessary for the purposes of the expert assessment;
 4) refuse to conduct the expert assessment if the assessment materials submitted to him or her are not sufficient or if the expert assignments set out in the order on the expert assessment are outside his or her specific expertise or if answering to the questions does not require expert enquiry or conclusions based on specific expertise;
 5) request that a person who may provide explanations necessary for the expert enquiries be present at the conduct of the expert assessment with the permission of the body conducting the proceedings;
 6) to assume and resolve, on his or her own initiative, expert assignments not set out in the order on the expert assessment.

 (2) An expert is required to:
 1) conduct an expert assessment if he or she has been appointed as an expert;
 2) appear when summoned by the body conducting the proceedings;
 3) ensure that all expert enquiries are conducted thoroughly, completely and objectively and the expert opinion rendered is scientifically valid;
 4) [repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 5) maintain the confidentiality of the facts which become known to him or her upon the conduct of the expert assessment and which may be disclosed only with the written permission of the body conducting the proceedings.

 (3) If an expert fails to appear without good reason, a fine may be imposed on the expert by a preliminary investigation judge at the request of the Prosecutor’s Office or by a court on the basis of a court order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 99.  Securing of conduct of expert assessment and investigation

 (1) If necessary, assessment or examination material is taken for the conduct of an expert assessment or examination, compulsory placement in a medical institution is applied with regard to the suspect or accused in order to conduct a forensic psychiatric or forensic medical examination, or a body is exhumed in order to conduct a forensic medical examination or any other expert assessment or comparative examination.

 (2) Prints left by papillary skin ridges and data obtained upon analysis of the DNA samples taken in the course of a procedural act shall be entered, if necessary, in the state register of fingerprints and the state DNA register respectively.

 (3) Investigative bodies or other competent authorities may preserve non-personal prints and samples taken in the course of a procedural act, unless otherwise provided by law. Investigative bodies may preserve non-personal prints left by papillary skin ridges and DNA samples taken in the course of investigative activities only in the case they shall not be entered in the state register of fingerprints or state DNA register.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

§ 991.  Fingerprinting of persons and taking of their DNA samples

 (1) A person who is a suspect, accused or offender convicted of an intentionally committed criminal offence specified in Divisions 1, 2, 6 or 7 of Chapter 9, Division 2 of Chapter 11, Divisions 1 or 4 of Chapter 22 of the Penal Code or provided for in another Chapter of the Penal Code which necessary elements of a criminal offence include use of violence and which is punishable by at least two years of imprisonment shall be fingerprinted and his or her DNA sample is taken for the purposes of conducting proceedings on, of detection and of prevention of, offences.

 (2) For the purpose of conducting proceedings on, of detection and of prevention of, offences, persons who are suspects, accused or offenders convicted of a criminal offence not specified in subsection (1) of this section but which is punishable by at least one year of imprisonment pursuant to the Penal Code may be also fingerprinted and their DNA samples may be taken.

 (3) Coercion may be imposed with regard to persons specified in subsections (1) and (2) of this section if the person refuses to give his or her fingerprints or DNA samples.

 (4) The data obtained upon fingerprinting and analysis of the DNA samples of the persons specified in subsections (1) and (2) of this section shall be entered in the respective state register of fingerprints and state DNA register.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (5) The data entered pursuant to subsection (4) of this section in the National Fingerprint Database and the National DNA Database shall be retained pursuant to the Forensic Examination Act.
[RT I, 13.03.2019, 2 - entry into force 15.03.2019]

§ 992.  Use for detection of offences of data obtained upon fingerprinting and analysis of DNA samples for other purposes

 (1) It is permitted to use the data collected upon fingerprinting and analysis of the DNA samples taken for other purposes for securing the conduct of the expert assessment ordered in criminal proceedings if taking of evidence by other procedural acts is impossible or especially complicated or if this may prejudice criminal proceedings in the case.

 (2) The provisions of subsection (1) of this section may be applied only in the case a need exists to collect information in the criminal proceedings about such criminal offence in the first degree or intentionally committed criminal offence in the second degree for which at least up to three years' imprisonment is prescribed as punishment.

 (3) The activities specified in subsection (1) of this section may be performed only with a written permission of the Prosecutor’s Office which also contains justifications of the need to use the data.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

§ 100.  Taking of comparative samples

  [RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (1) Comparative samples are taken in order to collect comparative trace evidence and samples necessary for an expert assessment or examination.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (11) For the purpose of exclusion of traces legally left on the scene of events, a victim, witness or another person may be fingerprinted and their DNA samples may be taken.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (2) An order on the taking of comparative samples is necessary if:
 1) a suspect or accused refuses to allow comparative samples to be taken but the objective of the procedural act can be achieved by force;
 2) the taking of comparative samples infringes the privacy of the body of the person;
 3) a legal person is required to submit documents as comparative samples.

 (3) An order on the taking of comparative samples shall set out:
 1) the person from whom the comparative samples are taken;
 2) the type of the comparative samples;
 3) the reason for the performance of the procedural act.

 (4) If taking of comparative samples infringes the privacy of the body of a person, a forensic pathologist, health care professional or another qualified person shall participate in the procedural act.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) Investigative bodies or other competent authorities may preserve comparative samples taken for the purpose of conducting proceedings on, of detection and of prevention of offences, unless otherwise provided by law.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (6) The data obtained upon fingerprinting persons pursuant to subsection (11) of this section shall not be entered in the state register of fingerprints or shall be deleted from the specified register immediately after conduct of the comparative examination. The state forensic institution shall return the comparative samples to the body conducting the proceedings together with the expert's report or examination report. The comparative samples taken on the basis of this section are destroyed upon termination of criminal procedure, expiry of the limitation period for the offence or upon entry into force of the judgment. The comparative samples are destroyed by the body conducting the proceedings in whose possession the comparative samples are at the time of the destruction. The destruction shall be documented in writing and the document confirming destruction shall be included in the file.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (7) The data obtained upon analysis of DNA samples of persons pursuant to subsection (11) of this section shall not be entered in the state DNA register or shall be deleted from the specified register immediately after conduct of the comparative examination. DNA samples taken shall be destroyed within two months as of the completion of the expert assessment or comparative examination. DNA samples shall be destroyed by a state forensic institution by making a respective notation in the expert's or examination report.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

§ 101.  Report on taking of assessment material

  A report on the taking of assessment material shall set out:
 1) the names of the comparative trace evidence and samples taken;
 2) the manner and conditions of taking the assessment material;
 3) the amount or quantity of the assessment material.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 102.  Compulsory placement of suspect or accused in medical institution

 (1) If long-term expert enquiries are necessary for a forensic psychiatric or forensic medical examination, a body conducting proceedings shall order the expert assessment from a committee of experts and apply compulsory placement in a medical institution with regard to the suspect or accused.

 (2) A suspect or accused shall be placed in a medical institution at the request of the Prosecutor’s Office and on the basis of an order of a preliminary investigation judge or on the basis of a court order.

 (3) A suspect or accused is placed in a medical institution for up to one month. At the request of the Prosecutor’s Office, a preliminary investigation judge or court may extend such term by three months.

 (4) The period for which a suspect or accused is placed in a medical institution shall be included in the term of his or her holding in custody.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 103.  Exhumation from official place of burial

 (1) A body or the remains thereof shall be exhumed from their official place of burial if it necessary to ascertain the cause of death or any other facts relating to the subject of proof, or take comparative trace evidence or samples for the purposes of an expert assessment in criminal proceedings.

 (2) A body is exhumed on the basis of an order of the Prosecutor’s Office or a court order.

 (3) A body is exhumed with the participation of a forensic pathologist or another qualified person and in the presence of a representative of the city or rural municipality government. If possible, a person close to the deceased is invited to be present at the performance of the procedural act, and the body is presented to him or her for identification, if necessary.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) If necessary, soil and other samples are taken from a place of burial.

 (5) An order on exhumation shall contain an order addressed to the city or rural municipality government to re-bury the body and restore the grave.

§ 104.  Report on exhumation

  A report on exhumation shall set out:
 1) the name and location of the place of burial and information concerning the location of the grave;
 2) a description of the grave and the grave markers;
 3) information derived from inspection of the coffin and the body.

§ 105.  Arrangement of conduct of expert assessment

 (1) The conduct of an expert assessment shall be arranged based on the need for proof on the basis of an order of the body conducting the proceedings.

 (2) The body conducting proceedings may not refuse to order an expert assessment requested by a suspect, accused, counsel, victim or civil defendant if the facts for the ascertainment of which the assessment is requested may be essential for the resolution of the criminal matter.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 106.  Order on expert assessment

 (1) The main part of an order on an expert assessment shall set out:
 1) the title and number of the criminal matter, the facts relating to the criminal offence, and other source information necessary for the expert assessment;
 2) the reason for ordering the expert assessment.

 (2) The final part of an order on an expert assessment shall set out:
 1) the class of the expert assessment according to the field of special expertise;
 2) the need to conduct an expert assessment;
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
 3) the name of the expert or state forensic institution who is to execute the order on the expert assessment;
 4) information concerning the objects of expert assessment related to the criminal act and concerning the comparative samples and the materials submitted for examination;
 5) questions posed to the expert;
 6) the term of the expert assessment in the case provided for in subsection 95 (3) of this Code.

 (3) If an expert assessment is to be conducted in a state forensic institution, a specific forensic expert may be appointed with the approval of the head of the institution. On the basis of an order on an expert assessment, experts who do not work at a state forensic institution may also belong to a committee of experts.

 (4) The following questions shall not be posed to an expert:
 1) questions which are of legal nature or fall outside his or her area of expertise;
 2) questions which can be answered without expert enquiry or conclusions based on specific expertise.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 107.  Preparation of expert's report

 (1) The introduction of an expert's report shall set out:
 1) the date and place of preparation of the report;
 2) the name of the person who ordered the expert assessment, and the date of preparation of the order on the expert assessment and of communication of the order to the expert;
 3) the title and number of the criminal matter;
 4) the class of the expert assessment;
 5) information concerning the expert;
 6) the name of the object of the expert assessment or of the person regarding whom the expert assessment was conducted;
 7) whether and when additions to the materials of the expert assessment were requested to be made and the date on which such request was granted;
 8) the source information necessary for the expert assessment;
 9) questions posed to the expert in the order on the expert assessment and questions formulated by the expert on his or her own initiative;
 10) the names of the persons who were present at the conduct of the expert assessment;
 11) the measures to be applied with regard to the physical evidence submitted for expert assessment, comparative samples, materials or objects of expert assessment.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (2) If an expert assessment is conducted by a person who has not been sworn in, such expert shall sign a notation in the introduction of the expert's report that he or she has been warned about criminal punishment.

 (3) The main part of an expert's report shall set out:
 1) a description of the examination;
 2) information derived from evaluation of the results of the examination, and the reasons for the expert opinion.

 (4) If questions posed to an expert are of legal nature, fall outside his or her area of expertise or do not require expert examination or conclusions based on specific expertise, the expert shall not provide answers to such questions in the expert's report.

 (5) [Repealed - RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (6) The final part of an expert's report shall set out the expert's opinion based on the examinations conducted.

 (7) [Repealed - RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (8) An expert's report is signed by the expert or experts who conducted the expert assessment.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

§ 108.  Report on refusal to conduct expert assessment

 (1) If an expert refuses to conduct an expert assessment on the bases provided for in clause 98 (1) 4) of this Code, the expert shall prepare a report on his or her refusal to conduct the expert assessment.

 (2) A report on refusal to conduct an expert assessment shall set out the information specified in subsection 107 (1) of this Code, and the reasons for the refusal.

§ 109.  Hearing of experts

  If necessary, an expert shall be heard in a pre-court proceedings in order to specify the content of the expert's report or the report on his or her refusal to conduct the expert assessment. An expert is heard pursuant to subsection 66 (21) and §§ 68 and 69 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 1091.  Qualified person

 (1) Qualified person is a natural person who has specific expertise which he or she uses in the cases and pursuant to the procedure provided for in this Code but who has not been joined to the criminal proceedings as an expert.

 (2) Qualified persons may be involved in procedural acts. Before the commencement of a procedural act, a body conducting proceedings shall ascertain the identity of the qualified person, his or her competence and his or her relations with the suspect accused. The statements made by the qualified person in connection with the detection and storage of evidence shall be recorded.

 (3) A qualified person may be questioned concerning the following circumstances:
 1) the course of the procedural act performed in the presence of the qualified person;
 2) other circumstances concerning which the qualified person can provide explanations due to his or her specific expertise if this is necessary for the purposes of better understanding of the facts relating to a subject of proof.

 (4) A qualified person is heard pursuant to the provisions that apply to hearing of witnesses, taking into account the specifications arising from this section.

 (5) If it becomes evident that a qualified person may know the facts specified in § 66 of this Code, he or she shall be heard as a witness concerning such facts. The same person may be heard as a witness and a qualified person in the course of one procedural act.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Division 8 Taking of Evidence by Surveillance Activities  
[Repealed - RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 110. – § 122. [Repealed - RT I, 29.06.2012, 2 - entry into force 01.01.2013]

Division 9 Document and Physical Evidence  

§ 123.  Document

 (1) A document containing information concerning the facts relating to a subject of proof may be used for the purposes of proof.

 (2) A document is physical evidence if the document has the characteristics specified in subsection 124 (1) of this Code.

§ 124.  Physical evidence

 (1) Physical evidence means a thing which is the object of a criminal offence, the object used for the commission of a criminal offence, a thing bearing the evidentiary traces of a criminal offence, the impression or print made of the evidentiary traces of a criminal offence, or any other essential object relating to a criminal act, which can be used in ascertaining the facts relating to a subject of proof.

 (2) If an object used as physical evidence has not been described in the report on the investigative activities as exactly as necessary for the purposes of proof, inspection of the object shall be carried out in order to record the characteristics of the physical evidence.

 (3) Physical evidence or confiscated objects are immediately returned to their owner or former lawful possessor if this does not hinder criminal proceedings. In general, physical evidence or confiscated objects are returned in their storage place.
[RT I, 31.12.2016, 2 - entry into force 10.01.2017]

 (4) If six months have elapsed from the confiscation of physical evidence but there is no one accused in the criminal matter, physical evidence is stored at the request of the owner or lawful holder thereof with the person filing the request pursuant to the conditions for storage of physical evidence, except in the cases specified in subsections (5) and (6) of this section.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) A prosecutor may extend the six-month term specified in subsection (4) of this section at the request of an investigative body for up to one year. The term is extended automatically if the request specified in subsection (4) is not submitted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) A preliminary investigation judge may extend the terms specified in subsections (4) and (5) of this section at the request of the Prosecutor’s Office for a term longer than one year if the delay in bringing the charges arose due to the complexity or extent of a criminal matter or exceptional cases arising from international cooperation. The term is extended automatically if the request specified in subsection (4) is not submitted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 125.  Storage of physical evidence

 (1) Physical evidence shall be stored in a criminal file, physical evidence storage facility of an investigative body, Prosecutor’s Office or court or on other premises in the possession of or territory guarded by it or in a forensic institution, or the measures prescribed in § 126 of this Code shall be applied to the physical evidence if this does not prejudice criminal proceedings in the case.
[RT I, 31.12.2016, 2 - entry into force 10.01.2017]

 (2) Physical evidence which cannot be stored pursuant to the procedure provided for in subsection (1) of this section and with regard to which the measures prescribed in § 126 of this Code cannot be applied in the interests of the criminal proceedings prior to the entry into force of a court judgment or termination of criminal proceedings shall be deposited into storage with liability on the basis of a contract.

 (3) A person with whom physical evidence is deposited shall ensure the inviolability and preservation of the evidence.

 (4) A person with whom physical evidence is deposited but who is not the owner or legal possessor thereof has the right to receive compensation for the storage fee which shall be included in the procedure expenses. The storage costs shall be compensated for on the basis of a contract between the body conducting the proceedings and the depositary.

 (5) If physical evidence is a document which is necessary for the owner in the future economic or professional activity thereof or for another good reason, the body conducting the proceedings shall make a copy of the document for the owner. The authenticity of the copy shall be certified by the signature of the person conducting the proceedings on the copy.

 (6) Subsections (1)-(5) of this section are applied also with regard to confiscated objects which are not physical evidence.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 126.  Measures applicable to physical evidence and confiscated property

 (1) Highly perishable physical evidence which cannot be returned to its lawful possessor shall be granted to a state or local government health care of social welfare institution free of charge, transferred, or destroyed in the course of criminal proceedings on the basis of an order of the body conducting the proceedings. The money received from the sale shall be transferred into public revenues.

 (11) Physical evidence which cannot be returned to the legal possessor thereof, in the case of which the costs of keeping thereof are unreasonably high, may be transferred at the request of the Prosecutor’s Office and on the basis of an order of a preliminary investigation judge. The amount received from transfer shall be seized.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (12) Physical evidence which the owner or legal possessor thereof has failed to take away within six months after becoming aware of the decision on return may be transferred or destroyed by the holder thereof pursuant to the procedure provided for in the State Assets Act.
[RT I, 31.12.2016, 2 - entry into force 01.02.2017]

 (2) Property subject to confiscation which lawful possessor has not been ascertained may be confiscated in the course of criminal proceedings at the request of the Prosecutor’s Office and on the basis of a court order.

 (21) Property seized in order to secure confiscation may be transferred at the request of the Prosecutor’s Office and with the consent of the owner of the property on the basis of an order of a preliminary investigation judge. Property may be transferred without the consent of its owner if the costs of keeping thereof are unreasonably high or if this is necessary for prevention of decrease in the value of the property. The amount received from transfer shall be seized.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (22) Things of no or small value, pirated goods or counterfeit goods, which are seized in order to secure confiscation, may be destroyed without the consent of their owner or in the cases provided by law recycled at the request of the Prosecutor’s Office on the basis of an order of a preliminary investigation judge, if the costs of keeping thereof are unreasonably high.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (3) An order of a body conducting proceedings or a court judgment shall prescribe the following measures applicable to physical evidence:
 1) a thing bearing evidentiary traces of criminal offence, a document, or an impression or print made of evidentiary traces of a criminal offence may be stored together with the criminal matter, included in the criminal file or stored in the physical evidence storage facility or any other premises in the possession of the body conducting proceedings or in a forensic institution;
 2) other physical evidence the ownership of which has not been contested shall be returned to the owner or lawful possessor thereof;
 3) physical evidence of commercial value the owner or lawful possessor of which has not been ascertained shall be transferred into state ownership;
 4) things of no value and pirated or counterfeit goods shall be destroyed or, in the cases provided by law, recycled;
 5) objects which were used for staging a criminal offence shall be returned to the owners or lawful possessors thereof;
 6) property which was obtained by the criminal offence and the return of which is not requested by the lawful possessor shall be transferred into state ownership or transferred in order to cover the costs of the civil action or proof of claim in public law.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (4) If the ownership relations pertaining to physical evidence specified in clause (3) 2) of this section are not apparent, the measures applicable to the physical evidence in pre-court proceedings shall be decided by an order of the preliminary investigation judge at the request of the Prosecutor’s Office.

 (5) Subsections (1)-(3) of this section are also applied with regard to objects confiscated in criminal proceedings which do not constitute physical evidence.

 (51) The procedure provided for confiscated property shall apply to physical evidence transferred into state ownership on the basis of subsection (3) of this section and property obtained by criminal offence.
[RT I, 31.12.2016, 2 - entry into force 01.02.2017]

 (6) The procedure for refund of the money received from transfer to the lawful possessor of the property from the budget shall be established by the Government of the Republic.
[RT I, 31.12.2016, 2 - entry into force 01.02.2017]

 (7) The procedure for registration, storage, transfer and destruction of physical evidence and seized property and for evaluation, transfer and destruction of highly perishable physical evidence and property seized in order to secure confiscation by the bodies conducting the proceedings shall be established by the Government of the Republic.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

Chapter 31 SURVEILLANCE ACTIVITIES  
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 1261.  General conditions for conduct of surveillance activities

 (1) Surveillance activities denote the processing of personal data for the performance of a duty provided by law with the objective of hiding the fact and content of data processing from the data subject.

 (2) Surveillance activities are permitted on the bases provided for in this Code if collection of data by other activities or taking of evidence by other procedural acts is impossible, is impossible on time or is especially complicated or if this may prejudice criminal proceedings in the case.

 (3) Surveillance activities shall not endanger the life or health of persons, cause unjustified property and environment damage or unjustified infringement of other personality rights.

 (4) Information obtained by surveillance activities is evidence if application for and grant of authorisation for surveillance activities and the conduct of surveillance activities is in compliance with the requirements of law.

 (5) Surveillance activities are conducted both directly through the institution specified in subsection 1262 (1) of this Code as well as the institutions, subordinate units and employees administered by them and authorised to conduct surveillance activities, and through police agents, undercover agents and persons recruited for secret cooperation.

 (6) A member of the Riigikogu or a rural municipality or city council, a judge, prosecutor, advocate, minister of religion or an official elected or appointed by the Riigikogu with his or her consent and a minor with the consent of his or her legal representative may be involved in the activities provided for in this Chapter with the permission of a preliminary investigation judge only if they are participants in proceedings or witnesses in the criminal matter concerned or a criminal offence is directed against him or her or a person close to him or her.

 (7) If the conduct of surveillance activities is requested by another investigative body, the surveillance agency which conducted the surveillance activities shall communicate the information obtained by the surveillance activities to the requesting investigative body together with the photographs, films, audio and video recordings and other data recordings made in the course of the surveillance activities.

 (8) A surveillance agency has the right to also process, when conducing the surveillance activities, the data available from other sources besides surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 1262.  Bases for conduct of surveillance activities

 (1) The Police and Border Guard Board, the Security Police Board, the Tax and Customs Board, the Military Police and the Prisons Department of the Ministry of Justice and prisons (hereinafter surveillance agency) may conduct surveillance activities on the following bases:
 1) a need to collect information about the preparation of a criminal offence for the purpose of detection and prevention thereof;
 2) the execution of an order on declaring a person a fugitive;
 3) a need to collect information in confiscation proceedings pursuant to the provisions of Chapter 161 of this Code;
 4) a need to collect information in criminal proceedings about a criminal offence.

 (2) On the basis of the provisions of clauses (1) 1) and 4) of this section, surveillance activities may be conducted in the event of criminal offences specified in §§ 89-931, 95-97, 99, 1001, 101-104, 106-108, 110-114, 116, 118 and 120, subsection 121 (2), §§ 133-137, 1381 and 141-146, § 1573, subsections 151 (2) and (4), subsection 161 (2), §§ 162, 163, 172-179, 183-185, 187-190, 199 and 200, subsections 201 (2) and (3), subsections 202 (2) and (3), §§ 204, 206-214, 2161-217, 2172, 222, 227, 231-238, 241, 243, 244, 246, 250, 251, 255 and 256, clause 258 2), §§ 259, 2591 and 263, subsections 266 (2) and (4), §§ 274, 2901, 291, 2911, 294, 296, 298-299, 300, 3001, 302, 303, 310-313 and 315-3161, subsection 321 (2), §§ 326-328, 331, 3313, 333-334, 335, 336, 340 and 347, subsections 356 (1) and (3), subsections 357 (1) and (3), subsections 361 (1) and (3), subsections 364 (2)-(3), §§ 375-3762, 384, 3891, 391, 393 and 394, subsections 398 (2) and (4), subsections 3981 (2) and (4), §§ 400, 4023, 4024, 403-407, 414-416, 418, 4181, 4211, 4212, 434, 435 and 437-439, subsections 440 (3) and §§ 446 and 449 of the Penal Code.
[RT I, 26.06.2017, 69 - entry into force 06.07.2017]

 (3) On the basis of this Code, surveillance activities may be conducted in respect of the following persons:
 1) on the basis specified in clause (1) 1) of this section in respect of the person in the case of whom there are serious reasons to believe that he or she commits the criminal offence specified in subsection (2) of this section;
 2) on the basis specified in clause (1) 2) of this section in respect of the person who is declared to be a fugitive;
 3) on the basis specified in clause (1) 3) of this section in respect of the person who owns or possesses the assets which are the object of confiscation proceedings;
 4) on the basis specified in clause (1) 4) of this section in respect of the person who is a suspect in criminal proceedings or with respect to whom there is justified reason to believe that he or she has committed or commits the specified criminal offence.

 (4) The surveillance activities conducted on the basis provided for in clauses (1) 2)-4) of this section may be also conducted in respect of the person with regard to whom there is good reason to believe that he or she interacts with the person specified in clauses (3) 2)-4) of this section, communicates information to him or her, provides assistance to him or her or allows him or her to use his or her means of communication, and if the conduct of surveillance activities in respect of such person may provide the data required for the achievement of the objective of the surveillance activities.

 (5) A surveillance agency may conduct surveillance activities on the basis specified in subsection (1) of this section if this is related to a criminal offence which is in the investigative jurisdiction of such surveillance agency.

 (6) A surveillance agency may conduct surveillance activities at the request of another surveillance agency within the limits of its competence under the conditions and pursuant to the procedure provided for in this Code.

 (7) The Police and Border Guard Board and the Security Police may also conduct surveillance activities at the request of other investigative bodies.

 (8) The Prisons Department of the Ministry of Justice and prisons may also conduct surveillance activities in a custodial institution at the request of other investigative bodies.

 (9) Where the bases for surveillance activities cease to exist, the surveillance activities shall be immediately terminated.

 (10) Surveillance activities may be conducted on the basis not specified in this Code only on the basis provided for in the Estonian Defence Forces Organisation Act, Taxation Act, Police and Border Guard Act, Weapons Act, Strategic Goods Act, Customs Act, Witness Protection Act, Security Act, Imprisonment Act, Aliens Act and Obligation to Leave and Prohibition on Entry Act. The provisions of this Chapter apply to conduct of surveillance activities, processing of information collected by surveillance activities, giving notification of surveillance activities and submission of information collected for examination with the specifications provided for in the above specified Acts.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 1263.  Surveillance activities

 (1) On the basis specified in subsection 1262 (1) of this Code, a surveillance agency may covertly watch a person, thing or area, covertly take comparative samples and perform initial examinations, covertly examine a thing and covertly replace it.

 (2) The Police and Border Guard Board and the Security Police Board may conduct the following surveillance activities on the basis specified in clause 1262 (1) 1) of this Code upon collection of information concerning the preparation for the criminal offence specified in §§ 244 and 246, clause 266 (2) 3) and §§ 255 and 256 of the Penal Code and on the basis specified in clauses 3) and 4):
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]
 1) to covertly examine a postal item;
 2) to covertly observe or wire-tap information;
 3) to use a police agent.

 (3) The Police and Border Guard Board and the Security Police Board may stage a criminal offence on the basis specified in clause 1262 (1) 4) of this Code for the purpose of detection of a criminal offence or detention of a criminal.

 (4) The Prisons Department of the Ministry of Justice and prisons may conduct the following surveillance activities specified in clauses 1262 (1) 1) and 4) of this Code:
 1) to covertly examine a postal item;
 2) to covertly observe or wire-tap information.

 (5) Covert entry into a building, premises, vehicle, enclosed area or computer system is permitted upon conduct of the surveillance activities specified in subsection (1) and clauses (2) 2) and 3) of this section in the case this is unavoidably necessary for the achievement of the objectives of the surveillance activities.

 (6) For the purposes of this Code, entry into the possessions of other persons is deemed to be covert if the fact of entry is covert for the possessor or if a misconception of existing facts is knowingly caused by fraud upon entry and the possessor, with knowledge of the actual circumstances, would not have given possession for entry.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 1264.  Grant of permission for surveillance activities

 (1) Surveillance activities may be conducted with a written permission of the Prosecutor’s Office or a preliminary investigation judge. The preliminary investigation judge shall decide the grant of permission by an order on the basis of a reasoned application of the Prosecutor’s Office. The preliminary investigation judge shall consider a reasoned request submitted by the Prosecutor’s Office without delay and grant or refuse to grant permission for the conduct of the surveillance activities by an order.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

 (2) In cases of urgency, surveillance activities requiring the permission of the Prosecutor’s Office may be conducted with the permission of the Prosecutor’s Office issued in a format which can be reproduced in writing. A written permission shall be formalised within 24 hours as of the commencement of surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

 (3) In the case of immediate danger to the life, physical integrity or physical freedom of a person or to proprietary benefits of high value and requesting a permission or execution thereof on time is impossible, surveillance activities requiring the permission of a court may be conducted, in cases of urgency, with the permission of the court issued in a format which can be reproduced in writing. A written application and permission shall be formalised within 24 hours as of the commencement of surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

 (4) A permission issued in cases of urgency in a format which can be reproduced in writing shall contain the following information:
 1) the issue of the permission;
 2) the date and time of issue of the permission;
 3) surveillance activities for which the permission is issued;
 4) if known, the name of the person with regard to whom the surveillance activities are conducted;
 5) the term of the permission for surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

 (5) If covert entry into a building, premises, vehicle, enclosed area or computer system is necessary for conduct of surveillance activities or in order to install or remove technical appliances necessary for surveillance, the Prosecutor’s Office shall apply for a separate permission of a preliminary investigation judge for such purpose.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

 (6) The duration of surveillance activities conducted with respect to a specific person on the basis provided for in clauses 1262 (1) 1), 3) and 4) of this Code in the same proceedings must not exceed one year. In exceptional cases, the Prosecutor General may authorise or apply to a court for authorisation to conduct surveillance activities for more than one year.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

§ 1265.  Covert surveillance, covert collection of comparative samples and conduct of initial examinations, covert examination and replacement of things

 (1) The Prosecutor’s Office shall issue a permission for covert surveillance of persons, things or areas, covert collection of comparative samples and conduct of initial examinations and covert examination or replacement of things for up to two months. The Prosecutor’s Office may extend the term of the permission for up to two months at a time.

 (2) In the course of the surveillance activities specified in this section, the information collected shall be, if necessary, video recorded, photographed or copied or recorded in another way.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 1266.  Covert examination of postal items

 (1) Upon covert examination of a postal item, information derived from the inspection of the item is collected.

 (2) After the covert examination of a postal item, the item shall be sent to the addressee.

 (3) In the course of the activities specified in this section, the information collected shall be, if necessary, video recorded, photographed or copied or recorded in another way.

 (4) In the course of covert examination of a postal item, the item may be replaced.

 (5) A preliminary investigation judge grants permission for the surveillance activities specified in this section for up to two months. After expiry of the specified term, the preliminary investigation judge may extent this term by up to two months.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 1267.  Wire-tapping or covert observation of information

 (1) Information obtained by wire-tapping or covert observation of messages or other information transmitted by the public electronic communications network or communicated by any other means shall be recorded.

 (2) Information communicated by a person specified in § 72 of this Code or information communicated to such person by another person which is subject to wire-tapping or covert observation shall not be used as evidence if such information contains facts which have become known to the person in his or her professional activities, unless:
 1) the person specified in § 72 of this Code has already given testimony with regard to the same facts or if the facts have been disclosed in any other manner;
 2) a permission has been granted with respect to such person for wire-tapping or covert observation; or
 3) it is evident on the basis of wire-tapping or covert observation of another person that the specified person commits or has committed a criminal offence.

 (3) A preliminary investigation judge grants permission for the surveillance activities specified in this section for up to two months. After expiry of the specified term, the preliminary investigation judge may extent this term by up to two months.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 1268.  Staging of criminal offence

 (1) Staging of a criminal offence is the commission of an act with the elements of a criminal offence with the permission of a court, taking into account the restrictions prescribed in subsection 1261 (3) of this Code.

 (2) If possible, a staged criminal offence shall be photographed, filmed or audio or video recorded.

 (3) A preliminary investigation judge grants permission for the surveillance activities specified in this section for up to two months. After expiry of the specified term, the preliminary investigation judge may extent this term by up to two months.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 1269.  Use of police agents

 (1) A police agent for the purposes of this Code is a person who collects information on the basis specified in clauses 1262 (1) 1), 3) or 4) of this Code in criminal proceedings by using a false identity.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (2) The Prosecutor’s Office shall issue a written permission for the use of police agents. Permission for the use of a police agent is granted for up to six months and this term may be extended by six months at a time.

 (3) A police agent has all the obligations of an official of a surveillance agency in so far as the obligations do not require disclosure of the false identity.

 (4) The statements of a police agent are used as evidence pursuant to the provisions of this Code concerning witnesses.

 (5) Based on an order of the Prosecutor’s Office, the fact of using a police agent or the identity of a police agent shall also remain confidential after completion of surveillance activities if disclosure may endanger the life or health, honour and good name or property of the police agent or the persons connected with him or her or his or her further activities as a police agent.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 12610.  Documentation of surveillance activities

 (1) On the basis of the information collected by surveillance activities, an official of the body that conducted surveillance activities or applied for surveillance activities shall prepare a report on surveillance activities which shall set out:
 1) the name of the body which conducted the surveillance activities;
 2) the time and place of conducting the surveillance activities;
 3) the name of the person with regard to whom the surveillance activities were conducted;
 4) the date of issue of a permission of a court or a permission of the Prosecutor’s Office which is the basis for surveillance activities;
 5) the date of submission of an application of the Prosecutor’s Office if the surveillance activities are based on a permission of a court;
 6) information collected by surveillance activities which is necessary to achieve the purpose of surveillance activities or to resolve the criminal matter.

 (2) The photographs, films, audio and video recordings and other data recordings made in the course of surveillance activities shall be appended to a report, if necessary.

 (3) If necessary, the surveillance agency that conducted surveillance activities shall record the information collected by surveillance activities in a summary of surveillance activities. The summary of surveillance activities and the photographs, films, audio and video recordings and other data recordings made in the course of surveillance activities shall be appended to a surveillance file.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 12611.  Keeping of surveillance files

 (1) The information collected by surveillance activities, data recordings made in the course of surveillance activities, data obtained in the manner specified in subsection 1261 (8) of this Code and data required for comprehension of the integrity of the information collected by surveillance activities concerning an undercover agent and simulated person, structural unit, body and branch of a foreign company shall be stored in a surveillance file.

 (2) The procedure for keeping and storage of surveillance files shall be established by a regulation of the Government of the Republic on the proposal of the minister responsible for the area.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 12612.  Storage, use and destruction of surveillance files and data recordings collected by surveillance activities

 (1) The photographs, films, audio and video recordings and other data recordings or any part thereof necessary for resolving a criminal matter and made in the course of surveillance activities shall be stored in the criminal file or together with the criminal matter. The rest of the materials on surveillance activities shall be stored at surveillance agencies pursuant to the procedure specified in subsection 12611 (2) of this Code.

 (2) Surveillance files shall be stored as follows:
 1) surveillance files kept on criminal offences under preparation, files on searching persons and confiscation files – until the redundancy of information contained therein, but for not longer than 50 years;
 2) files on criminal offences – until the deletion of data concerning punishment from the punishment register or expiry of the limitation period for the criminal offence.

 (3) The information collected by surveillance activities may be used in other surveillance activities, other criminal proceedings, security vetting, in deciding, in the cases provided by law, upon hiring persons and grant of permissions or licences to verify the conformity of the person to the requirements provided by law.

 (4) The information collected by surveillance activities may be stored for study and research purposes. Personal data and, if necessary, the information collected shall be completely altered in order to prevent disclosure of persons who have been engaged in surveillance activities or recruited therefor.

 (5) If preservation of a data recording made in the course of surveillance activities and added to a criminal file is not necessary, the person subject to the surveillance activities whose fundamental rights were violated by such surveillance activities may request destruction of the data recording after the entry into force of the court judgment.

 (6) The data recording specified in subsection (5) of this section shall be destroyed by a court. A report shall be prepared on the destruction of a data recording and included in the criminal file.

 (7) If the materials on surveillance activities are stored in a criminal file, the information concerning the persons accused in criminal proceedings whose private or family life was significantly violated by the surveillance activities and whose rights or freedoms may be significantly damaged by disclosure shall be removed from or covered up in the criminal file upon disclosure thereof pursuant to the Public Information Act.

 (8) Files containing a state secret or classified information of a foreign state shall be stored and destroyed pursuant to the State Secrets and Classified Information of Foreign States Act.

 (9) Surveillance files subject to destruction and data recordings collected shall be destroyed by a committee formed by the head of a surveillance agency in the presence of a prosecutor. The committee shall prepare a report concerning the destruction of a file and data recording collected which shall set out the number of the file or information concerning the destructed data recording and the reason for the destruction thereof.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 12613.  Notification of surveillance activities

 (1) Upon expiry of the term of a permission for the conduct of surveillance activities and, when several surveillance activities are conducted that coincide at least partly in time, upon expiry of the term of the last permission, the surveillance agency shall immediately notify the person with respect to whom the surveillance activities were conducted and the person whose private or family life was significantly violated by the surveillance activities and who was identified in the course of the proceedings. The person shall be notified of the time and type of surveillance activities conducted with respect to him or her.

 (2) With the permission of a prosecutor, a surveillance agency need not give notification of conduct of surveillance activities if this may:
 1) significantly prejudice criminal proceedings in the case;
 2) significantly damage the rights and freedoms of another person which are guaranteed by law or endanger another person;
 3) endanger the confidentiality of the methods and tactics of a surveillance agency, the equipment or police agent used in conducting surveillance activities, of an undercover agent or person who has been recruited for secret cooperation.

 (3) With the permission of the Prosecutor’s Office, a person need not be given notification of surveillance activities until the basis specified in subsection (2) of this section cease to exist. The Prosecutor’s Office shall verify the basis for non-notification in a criminal matter upon completion of pre-court proceedings but not later than one year after the expiry of the term of the permission for surveillance activities.

 (4) If the grounds for non-notification of surveillance activities are still present one year after the expiry of the term of the authorisation for surveillance activities, the Prosecutor’s Office applies, at the latest 15 days prior to the expiry of the specified term, for a permission of a preliminary investigation judge for extension of the non-notification term. The preliminary investigation judge grants permission by an order for non-notification of the person or refuses to grant such permission. Upon non-notification of a person, the order shall set out whether the non-notification is granted for an unspecified or specified term. In the case of non-notification during a specified term, the term during which a person is not notified shall be set out.

 (5) If the basis specified in subsection (2) of this section have not ceased to exist upon expiry of the term of the permission granted for non-notification by a preliminary investigation judge specified in subsection (4) of this section, the Prosecutor’s Office applies, at the latest 15 days prior to expiry of such term, for a permission from a preliminary investigation judge for extension of the non-notification term. The preliminary investigation judge grants permission by an order pursuant to the provisions of subsection (4) of this section.

 (6) A person shall be immediately notified of surveillance activities upon expiry of the permission for non-notification or refusal to grant permission for the extension thereof.

 (7) When a person is notified of surveillance activities conducted with respect to him or her, the procedure for appeal shall be explained to him or her.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 12614.  Submission of information collected by surveillance activities for examination

 (1) The person who has been notified pursuant to § 12613 of this Code shall be permitted at his or her request to examine the data collected with respect to him or her and the photographs, films, audio and video recordings and other data recordings made in the course of the surveillance activities. With the permission of the Prosecutor’s Office, the following information need not be submitted until the corresponding bases cease to exist:
 1) information concerning the family or private life of other persons;
 2) information the submission of which may damages the rights and freedoms of another person which are guaranteed by law;
 3) information which contains state secrets, classified information of foreign states or secrets of another person that are protected by law;
 4) information the submission of which may endanger the life, health, honour, good name and property of an employee of a surveillance agency, police agent, undercover agent, person who has been recruited for secret cooperation or another person who has been engaged in surveillance activities or of persons connected with them;
 5) information the submission of which may endanger the right of a police agent, undercover agent and person who has been recruited for secret cooperation to maintain the confidentiality of cooperation;
 6) the submission of which may result in communication of information concerning the methods, tactics of a surveillance agency and the equipment used in conduct of surveillance activities;
 7) information which cannot be separated or disclosed without information specified in clauses 1)-6) of this subsection becoming evident.

 (2) Upon submission of or refusal to submit information collected by surveillance activities for examination to a person, the procedure for appeal shall be explained to him or her.

 (3) The procedure for notification of surveillance activities and submission of surveillance files shall be established by a regulation of the Government of the Republic on the proposal of the minister responsible for the area.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 12615.  Supervision over surveillance activities

 (1) the Prosecutor’s Office shall exercise supervision over the compliance of surveillance activities with the permission provided for in § 1264 of this Code.

 (2) The committee of Riigikogu specified in § 36 of the Security Authorities Act shall exercise supervision over the activities of surveillance agencies. A surveillance agency shall submit a written report to the committee through the appropriate ministry at least once every three months.

 (3) The Ministry of Justice shall publish on its website once a year a report on the basis of the information obtained from surveillance agencies, Prosecutor’s Offices and courts, which contains the following information concerning the previous year:
 1) number and type of opened surveillance files;
 2) number of permissions for surveillance activities by types of surveillance activities;
 3) number of persons notified of conduct of surveillance activities and number of persons in the case of whom notification was postponed pursuant to subsection 12613 (4) of this Code for more than one year.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 12616.  Filing of appeals in connection with surveillance activities

 (1) An appeal may be filed pursuant to the procedure provided for in Chapter 15 of this Code against the court order that grants permission for surveillance activities on the basis specified in this Code.

 (2) An appeal may be filed pursuant to the procedure provided for in Division 5 of Chapter 8 of this Code against the course of surveillance activities conducted on the basis specified in this Code, non-notification thereof and refusal to submit information collected thereby.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 12617.  Surveillance activities information system

 (1) The surveillance activities information system (hereinafter information system) is a database belonging to the State Information Systems maintained for processing of the surveillance activities information provided for in this Code, the objective of which is to:
 1) provide an overview of surveillance activities conducted by surveillance agencies;
 2) provide an overview of requests of surveillance agencies and Prosecutor’s Offices for conduct of surveillance activities;
 3) provide an overview of permissions issued by Prosecutor’s Offices and courts for conduct of surveillance activities;
 4) provide an overview of notification of surveillance activities and submission of information collected by surveillance activities;
 5) reflect information concerning the surveillance activities conducted;
 6) enable the organisation of the activities of surveillance agencies, Prosecutor’s Offices and courts;
 7) collect statistics on surveillance activities which are necessary for the making of decisions concerning criminal policy;
 8) enable electronic forwarding of data and documents.

 (2) The information system shall be established and the statutes thereof shall be approved by the Government of the Republic.

 (3) The chief processor of the information system is the Ministry of Justice.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (4) The minister responsible for the area may organise the activities of the information system by a regulation.
[RT I, 29.06.2012, 2 - entry into force 01.01.2015]

Chapter 32 PASSENGER NAME RECORD (PNR)  
[RT I, 05.02.2019, 1 - entry into force 15.02.2019]

§ 12618.  Processing of passenger name record (PNR)

 (1) A body conducting proceedings may request the passenger name record (PNR) from a passenger information unit if this is necessary for the achievement of the objectives of the criminal proceedings.

 (2) Processing of the passenger name record (PNR) is permitted only in the case of the criminal offences listed in clauses 4896 (1) 1)-16), 18)-20), 22), 23), 25)-28) and 30)-32) of this Code.
[RT I, 05.02.2019, 1 - entry into force 15.02.2019]

Chapter 4 SECURING OF CRIMINAL PROCEEDINGS  

Division 1 Preventive Measure  

§ 127.  Choice of preventive measure

 (1) A preventive measure shall be chosen taking into account the probability of absconding from criminal proceedings or execution of a court judgment, continuing commission of criminal offences, or destruction, alteration or falsification of evidence, the degree of the punishment, the personality of a suspect, accused or convicted offender, his or her state of health and marital status, and other circumstances relevant to the application of preventive measures.

 (2) A preventive measure is altered pursuant to the provisions of this Code concerning application of preventive measures.

§ 128.  Prohibition on departure from residence

 (1) Prohibition on departure from the residence means the obligation of a suspect or accused or the representative of a suspect or accused who is a legal person not to leave his or her residence for more than seventy-two hours without the permission of the body conducting the proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A prohibition on departure from the residence shall be applied by an order which shall be signed by a suspect or accused or the representative of a suspect or accused who is a legal person. A person shall be cautioned upon the obtainment of a signature that in the case of violation of the preventive measure a fine may be imposed on the person or a more severe preventive measure may be applied with regard to him or her.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) In pre-court proceedings, the prohibition on departure from residence may be imposed for not longer than one year. In the case of particular complexity or extent of a criminal matter or in exceptional cases arising from international cooperation in criminal proceedings, the Prosecutor’s Office may extend the term of the prohibition on departure from residence in pre-court proceedings for more than six months.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) The preliminary investigation judge may, at the request of the Prosecutor’s Office, or at the request of a party to judicial proceedings, by court order, impose a fine on a person who violates the prohibition on departure from residence.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 129.  Supervision over members of Defence Forces

  A suspect or accused who is a member of the Defence Forces serving in compulsory military service may, by way of a preventive measure, be subjected to the supervision of the command staff of his or her military unit on the basis of an order.
[RT I 2008, 35, 212 - entry into force 01.01.2009]

§ 130.  Grounds for taking into custody and holding in custody

 (1) Taking into custody is a preventive measure which is applied with regard to a suspect, accused or convicted offender and which means deprivation of a person of his or her liberty on the basis of a court order.

 (2) A suspect or accused may be taken into custody at the request of the Prosecutor’s Office and on the basis of an order of a preliminary investigation judge or on the basis of a court order if he or she is likely to abscond from the criminal proceedings or continue to commit criminal offences and taking into custody is inevitable.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (3) In pre-court proceedings, the suspect or accused may be held in custody only within the time limits provided for in § 1311 of this Code.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (31) [Repealed - RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (4) An accused who has been ordered to answer charges and who is at large may be taken into custody on the basis of the order of a county or circuit court if he or she has failed to appear when summoned by the court and may continue evading judicial proceedings.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (41) An accused who is at large may be taken into custody by a court in order to ensure execution of imprisonment imposed by a judgment of conviction.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

 (5) A convicted offender may be taken into custody by a court pursuant to the procedure provided for in § 429 of this Code in order to secure execution of the court judgment.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (6) A member of the Defence Forces who is a suspect and does not stay in the territory of the Republic of Estonia may, at the request of the Prosecutor’s Office, be taken into custody on the bases provided for in subsection (2) of this section in order to bring him or her to the Republic of Estonia on the basis of an order of a preliminary investigation judge.

§ 131.  Procedure for taking into custody

 (1) The Prosecutor’s Office shall immediately notify the counsel of preparation of an application for an arrest warrant.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (2) On the order of the Prosecutor’s Office, an investigative body shall convey a suspect or accused with regard to whom an application for an arrest warrant has been prepared to a preliminary investigation judge for consideration of the application.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (3) In order to issue an arrest warrant, a preliminary investigation judge shall examine the criminal file and interrogate the person to be taken into custody with a view to ascertaining whether the application for arrest warrant is justified. The prosecutor and, at the request of the person to be taken into custody, his or her counsel shall be summoned before the preliminary investigation judge and their opinions shall be heard. In the case of a minor who is taken into custody, a preliminary investigation judge shall assess particularly thoroughly the possible negative effects relating to taking into custody on the person held in custody.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (31) A preliminary investigation judge may organise the participation of the persons specified in subsections (2) and (3) of this section when considering the request for taking into custody by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (32) In the case a minor is taken into custody, a court may order that the taking into custody is replaced by placement of the minor in a closed child care institution and indicate in the arrest warrant the closed children's institution where the minor taken into custody is placed. Accompanying of a minor taken into custody outside the closed child care institution shall be performed in comply with the procedure provided for in § 741 of the Police and Border Guard Act.
[RT I, 05.12.2017, 1 - entry into force 01.07.2018]

 (33) A minor taken into custody who violates the terms and conditions of stay in a closed children's institution may be transferred to a prison for serving the punishment based on a report of the manager of the closed child care institution and with the permission of a court.
[RT I, 05.12.2017, 1 - entry into force 01.07.2018]

 (4) For the purposes of taking a person who has been declared a fugitive or a suspect and who stays outside the territory of the Republic of Estonia into custody, a preliminary investigation judge shall issue an arrest warrant without interrogating the person. Not later than on the second day following the date of apprehension of a fugitive or bringing a suspect into Estonia, the person held in custody shall be taken before a preliminary investigation judge for interrogation.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

 (5) If there are no grounds for holding in custody, the person shall be released immediately.

§ 1311.  Time limits for holding in custody during pre-court proceedings

 (1) During pre-court proceedings, a person suspected or accused of a criminal offence in the first degree may not be held in custody for more than six months and a person suspected or accused of a criminal offence in the second degree for more than four months. A suspect or accused who is a minor may not be held in custody during pre-court proceedings for more than two months.

 (2) In the case of particular complexity or extent of a criminal matter or in exceptional cases arising from international cooperation in criminal proceedings, a preliminary investigation judge may extend the time limit for holding in custody as specified in subsection (1) of this section at the request of the Prosecutor General.

 (3) The time limits specified in subsections (1) and (2) of this section shall not include the time spent in provisional custody and in custody for surrender in a foreign country in the case of a person whose extradition has been applied for by the Republic of Estonia or the time a person was held in custody in pre-court proceedings based on a decision of a competent authority of a foreign state prior to assumption of criminal proceedings by the Republic of Estonia.

 (4) Upon taking a person into custody, a preliminary investigation judge shall issue an authorisation for up to two months to hold the suspect or the accused in custody. The preliminary investigation judge may extend the specified time limit based on a reasoned request of the Prosecutor’s Office by up to two months at a time, taking into consideration the restriction provided for in subsections (1) and (2) of this section.

 (5) If the degree of a criminal offence of which the person held in custody is suspected or accused is changed during the time of holding in custody, the provisions of subsection (1) of this section apply according to the new legal assessment of the criminal offence as of the time when the basis for suspecting or accusing the person according to the new degree of criminal offence becomes evident.

 (6) A request for extension of the time limit on holding in custody is submitted and considered in accordance with the rules provided in § 131 of this Code.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

§ 132.  Arrest warrant

 (1) An arrest warrant shall set out:
 1) the name and residence of the person to be taken into custody;
 2) the facts relating to the criminal offence of which the person is suspected or accused, and the legal assessment of the act;
 3) the grounds for taking into custody with a reference to §§ 130 or 429 of this Code;
 4) the reason for taking into custody.

 (2) An arrest warrant shall be included in the criminal file and a copy of the warrant shall be sent to the person in custody.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 133.  Notification of taking into custody

 (1) A preliminary investigation judge or court shall immediately give notification of taking of a person into custody to a person close to the person in custody and his or her place of employment or study.

 (11) The Prosecutor’s Office or an investigative body with an order of the Prosecutor’s Office shall inform a victim who is a natural person of taking into custody and determine his or her wish to receive information about release of the person held in custody in the case the information can prevent danger to the victim.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (2) Notification of taking into custody may be delayed in order to prevent a criminal offence or ascertain the truth in criminal proceedings.

 (3) If a foreign citizen is taken into custody, a copy of the arrest warrant or court judgment shall be sent to the Ministry of Foreign Affairs.

§ 134.  Refusal to take into custody and release of person held in custody

 (1) A preliminary investigation judge or a court shall formalise a refusal to take into custody or extend the term for holding in custody by an order.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) If the grounds for holding in custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor’s Office shall release the person held in custody by an order. When the person held in custody is released, the Prosecutor’s Office or the investigative body with an order of the Prosecutor’s Office shall inform the victim who is a natural person thereof in the case he or she so requested and the information can prevent danger to the victim.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 135.  Bail

 (1) A preliminary investigation judge or a court may, with the consent of the suspect or accused, impose bail instead of taking into custody. The terms and conditions of and the time limit on imposition of bail instead of taking into custody may be prescribed in an arrest warrant.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (2) Bail is a sum of money paid to a prescribed account as a preventive measure by a suspect, accused or another person on behalf of him or her.
[RT I, 31.01.2014, 6 - entry into force 01.07.2014]

 (3) A suspect or accused shall be released from custody after the bail has been received into a prescribed account.
[RT I, 31.01.2014, 6 - entry into force 01.07.2014]

 (4) A court shall determine the amount of bail on the basis of the degree of the potential punishment, the extent of the damage caused by the criminal offence, and the financial situation of the suspect or accused. The minimum amount of bail shall be five hundred days' wages.

 (5) Bail is imposed by a court order. To resolve an application for bail, the person held in custody shall be taken before a preliminary investigation judge; a prosecutor and, at the request of the person held in custody, his or her counsel shall be summoned to the judge and their opinions shall be heard.

 (51) At the request of the Prosecutor’s Office or on its own initiative, a court may, together with the imposition of bail, apply a prohibition on departure from residence with respect to a suspect or an accused pursuant to the procedure provided for in §§ 127 and 128 of this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

 (52) A preliminary investigation judge may organise the participation of the persons specified in subsection (5) of this section in the resolution of an application for bail by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) If a suspect or accused absconds from criminal proceedings or intentionally commits another criminal offence or violates the prohibition on departure from his or her residence, the bail shall be charged to public revenue on the basis of a court judgment or order on termination of criminal proceedings after deduction of the amount necessary for reimbursement of the expenses relating to the criminal proceedings.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

 (61) If the grounds for taking into custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor’s Office shall annul the bail by an order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (7) Bail shall be refunded if:
 1) the suspect or accused does not violate the conditions for bail;
 2) criminal proceedings are terminated;
 3) the accused is acquitted.

§ 136.  Contestation of taking into custody or refusal to take into custody and of extension of or refusal to extend term for holding in custody based on request of Prosecutor General

  [RT I, 31.05.2018, 2 - entry into force 10.06.2018]
The Prosecutor’s Office, a person held in custody or his or her counsel may file an appeal pursuant to the procedure provided for in Chapter 15 of this Code against a court order by which, based on a request of the Prosecutor General, holding in custody was imposed or refused, and extension of the term for holding in custody or refusal to extend the term for holding in custody.
[RT I, 31.05.2018, 2 - entry into force 10.06.2018]

§ 137.  Verification of reasons for bail

  [RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (1) A suspect, accused or counsel may submit a request to a preliminary investigation judge or court to verify the reasons for bail after four months have expired from imposition of bail.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (2) A preliminary investigation judge shall consider a request within five days as of receipt of the request. A prosecutor, counsel and, if necessary, the person on whom bail was imposed shall be summoned before the preliminary investigation judge. A new request may be submitted after expiry of the term provided for in subsection (1) of this section after consideration of the previous request.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

 (21) A preliminary investigation judge or court may organise the participation of the persons specified in subsection (2) of this section in the resolution of a request by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) In order to resolve a request, a preliminary investigation judge shall examine the criminal file. The request shall be resolved by a court order which is not subject to appeal.

 (31) If a preliminary investigation judge or court finds that further imposition of bail is not justified, the court order shall set out whether bail is to be returned or holding of the suspect or accused in custody is applied.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) [Repealed - RT I, 19.03.2015, 1 - entry into force 01.09.2016]

§ 1371.  Commutation of holding in custody to electronic surveillance

 (1) At the request of a suspect, accused or prosecutor, a preliminary investigation judge or court, with the consent of the person held in custody, may commute holding in custody to the obligation to submit to electronic surveillance provided for in subsection 751 (1) of the Penal Code. The time of electronic surveillance shall not be deemed to be custody pending trial or detention and it is not included in the term of punishment.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (11) Upon expiry of the term of electronic surveillance or the term provided for in § 751 of the Penal Code, a preliminary investigation judge at the request of the Prosecutor’s Office or a court decides on the application of further preventive measures.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

 (12) The provisions of subsection 751 (3) of this Code apply to the term of application of electronic surveillance to a person in pre-court proceedings.
[RT I, 07.07.2017, 1 - entry into force 01.11.2017]

 (2) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) When a preliminary investigation judge or court receives a request for commutation of holding in custody, he or she assigns a task to a probation officer of the residence of the suspect or accused to submit an opinion within five working days about the possibility of application of electronic surveillance.

 (4) Electronic surveillance is applied by court order. For the purposes of resolving a request for electronic surveillance, the person held in custody shall be taken before a preliminary investigation judge or court; the prosecutor and, at the request of the person held in custody, his or her counsel shall be summoned to the judge or court and their opinions shall be heard.

 (5) A preliminary investigation judge or court may organise the participation of the persons specified in subsection (4) of this section in the resolution of a request for application of electronic surveillance by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.

 (6) Before making a decision on application of electronic surveillance, a preliminary investigation judge or court shall submit the opinion of a probation supervisor about the possibility of application of electronic surveillance at the place of residence of the suspect or accused.

 (7) A suspect or accused shall be released from custody and electronic surveillance shall be applied to him or her upon expiry of a term for filing of an appeal against the order or entry into force of a court order made by a higher court.

 (8) If a suspect or accused does not submit to electronic surveillance, a preliminary investigation judge or court shall commutate electronic surveillance to taking in custody by its order based on a report of the probation officer.

 (9) The provisions concerning bail in this Code apply to application of or refusal to apply electronic surveillance in pre-court proceedings and verification of reasons for application of surveillance.
[RT I, 07.07.2017, 1 - entry into force 01.11.2017]

§ 1372.  Release from custody of persons who committed unlawful act in state of mental incompetence or persons with severe mental disorder

 (1) If it becomes evident as a result of expert assessment that a person held in custody committed an unlawful act in a state of mental incompetence, he or she is mentally ill, feeble-minded or he or she has another severe mental disorder, he or she shall be immediately released from custody by an order of the Prosecutor’s Office, unless otherwise provided for in § 3951 of this Code.

 (2) An investigative body shall immediately communicate the expert's report specified in subsection (1) of this section to the Prosecutor’s Office.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Division 2 Other Means of Securing Criminal Proceedings  

§ 138.  Consequences of failure to appear when summoned by body conducting proceedings

 (1) A fine or detention for up to five days shall be imposed by a preliminary investigation judge at the request of the Prosecutor’s Office or by a court on its own initiative on the basis of a court order on a person who failed to appear when summoned by the body conducting the proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) On the basis of a complaint submitted by a person on whom a fine or detention was imposed, a court may annul the fine or detention imposed on the person for failure to appear if the person proves that he or she failed to appear for a good reason provided for in § 170 of this Code.

 (3) Compelled attendance may be imposed, pursuant to the provisions of § 139 of this Code, on a suspect, accused, convicted offender, victim, civil defendant or witness who failed to appear when summoned by a body conducting proceedings or such person may be declared a fugitive pursuant to the provisions of § 140 of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 1381.  Imposition of fines

 (1) In the case provided by this Code where a court or preliminary investigation judge has the right to impose a fine, the amount of such fine may be up to 3200 euros, unless this Code provides otherwise. In determining the amount of a fine, a court or preliminary investigation judge shall take the financial situation of the person and other circumstances into consideration.

 (2) Instead of or in addition to a minor, a fine may be imposed on his or her parent or guardian, unless this Code provides otherwise. Instead of an adult with restricted active legal capacity, a fine may be imposed on his or her guardian. No fine shall be imposed on minors of less than 14 years of age and persons with restricted active legal capacity.

 (3) A fine may be imposed on a person only after a warning of fine has been given to him or her, except in the case where prior notice is impossible or unreasonable.

 (4) A fine imposed on a person for non-performance of an obligation does not release the person from performing the obligation. If an obligation is not performed after the imposition of a fine, a new fine may be imposed.

 (5) A copy of the order whereby a fine is imposed shall be immediately delivered to the person fined or the representative thereof.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 139.  Compelled attendance

 (1) Compelled attendance means conveyance of a suspect, accused, convicted offender, victim, civil defendant or witness to an investigative body, forensic institution, Prosecutor’s Office or court for the performance of a procedural act and conveyance of a convicted offender to a prison or house of detention for serving the sentence.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) Compelled attendance may be applied if:
 1) a person who received a summons fails to appear without a good reason specified in § 170 of this Code;
 11) there is reason to believe that the person evades criminal proceedings;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 2) prior summoning of the person may interfere with criminal proceedings, or if the person refuses to come voluntarily at the order of the investigative body or Prosecutor’s Office;
 3) the person evades execution of a court judgment.

 (3) A person shall be conveyed to the Prosecutor’s Office or court on the basis of an order of the Prosecutor’s Office or court order which shall set out:
 1) the name of the person subjected to compelled attendance, his or her status in the proceedings, residence and place of employment or name of the educational institution;
 2) the reason for compelled attendance;
 3) the time of execution of the order and the place where the person is to be taken.

 (31) Compelled attendance to a prison or a house of detention may be applied to a convicted offender on the bases of and pursuant to procedure provided for in subsection 414 (3) of this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

 (4) An order on compelled attendance shall be communicated to an investigative body for execution.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

 (5) A person subjected to compelled attendance may be detained for as long as is necessary for the performance of the procedural act which is the basis for application of compelled attendance but not for longer than forty-eight hours.

§ 140.  Search

 (1) A body conducting the proceedings may declare a suspect, accused, victim, civil defendant or witness a fugitive by an order if he or she has failed, without a good reason specified in § 170 of this Code, to appear when summoned and if his or her whereabouts are unknown, and a body conducting the proceedings may declare a convicted offender a fugitive if he or she absconds from the execution of the court judgment.

 (2) An order on declaring a person a fugitive shall set out:
 1) the facts relating to the criminal offence;
 2) the name of the fugitive, his or her status in the proceedings, residence and place of employment or name of the educational institution.

 (21) If necessary, the body conducting proceedings shall set out in an order on declaring a person fugitive the obligation to bring the fugitive, upon his or her apprehension, before the body conducting proceedings pursuant to the provisions on compelled attendance.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) An order on declaring a person a fugitive shall be communicated for execution to a surveillance agency which conducts or conducted proceedings in the criminal matter in relation to which the person was declared a fugitive. If proceedings in the criminal matter were conducted by an investigative body which is not a surveillance agency, the order on declaring a person a fugitive shall be communicated to the Police and Border Guard Board for execution.
[RT I, 29.06.2012, 2 - entry into force 09.07.2012]

 (31) In the case a suspect, accused or convicted offender is declared a fugitive, an arrest warrant or a decision which has entered into force and is the basis for the enforced imprisonment shall be communicated to a surveillance agency together with the order declaring a person a fugitive.
[RT I, 29.06.2012, 2 - entry into force 09.07.2012]

 (4) Upon apprehension of a fugitive, compelled attendance at a body conducting proceedings shall be imposed on him or her or the fugitive is brought to the place of custody pending trial or imprisonment, and the body conducting the proceedings shall be notified thereof.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 1401.  Identification

 (1) Bodies conducting proceedings may identify participants in the proceedings, convicted offenders, experts and witnesses in accordance with the rules provided in section 32 of the Law Enforcement Act.

 (2) If identification pursuant to the procedure provided for in subsection (1) of this section is impossible or disproportionately difficult, identification may be done in accordance with the rules provided in subsection section 33 of the Law Enforcement Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 1402.  Prohibition on stay

  In order to ensure performance of procedural acts, prohibition to stay may be applied with regard to a particular place or particular person pursuant to the procedure provided for in § 44 of the Law Enforcement Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 141.  Exclusion of suspect or accused from office

 (1) A suspect or accused shall be excluded from office at the request of the Prosecutor’s Office and on the basis of an order of a preliminary investigation judge or on the basis of a court order if:
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 1) he or she may continue to commit criminal offences in case he or she remains in the office;
 2) his or her remaining in office may prejudice criminal proceedings in the case.

 (2) A copy of an order on exclusion of a suspect or accused from office shall be submitted to the suspect or accused and sent to the head of his or her place of employment.

 (3) If the grounds for exclusion from office cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor’s Office shall annul the exclusion from office by an order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 1411.  Temporary restraining order

 (1) For protection of private life or other personality rights of a victim, a person suspected or accused of a crime against the person or against a minor may be prohibited to stay in places determined by a court, to approach the persons determined by the court or communicate with such persons at the request of the Prosecutor’s Office and on the basis of an order of a preliminary investigation judge or on the basis of a court order.
[RT I 2006, 31, 233 - entry into force 16.07.2006]

 (11) A court may apply, together with a temporary restraining order, the electronic surveillance provided for in § 751 of the Penal Code with the consent of the suspect or accused.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

 (2) A temporary restraining order is applied to a suspect or accused with the consent of the victim.
[RT I 2006, 31, 233 - entry into force 16.07.2006]

 (3) In order to issue an order on application of a temporary restraining order, a preliminary investigation judge shall examine the criminal file and interrogate the suspect or accused and, if necessary, the victim with a view to ascertaining whether the request for temporary restraining order is justified. A prosecutor and, at the request of the suspect or accused, a counsel shall also be summoned before the court or the preliminary investigation judge and their opinions shall be heard.
[RT I 2006, 31, 233 - entry into force 16.07.2006]

 (31) A preliminary investigation judge or court may organise the participation of the persons specified in subsection (3) of this section in the resolution of a request for application of a restraining order by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) An order on temporary restraining order shall set out:
 1) the reasons for the temporary restraining order;
 2) the conditions of the temporary restraining order.
[RT I 2006, 31, 233 - entry into force 16.07.2006]

 (5) A victim, Prosecutor’s Office, suspect, accused or his or her counsel may file an appeal pursuant to the procedure provided for in Chapter 15 of this Code against application of temporary restraining order or refusal to apply temporary restraining order.
[RT I 2006, 31, 233 - entry into force 16.07.2006]

 (6) A copy of an order on establishment of temporary restraining order shall be submitted to a suspect or accused and victim and shall be sent to the Police and Border Guard Board. A preliminary investigation judge or court shall also immediately notify other persons whom the restraining order concerns of the application of temporary restraining order.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

§ 1412.  Verification of reasons for exclusion from office and temporary restraining order

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) A suspect or accused or his or her counsel may, upon expiry of four months from the exclusion from office or application of temporary restraining order, submit a request to a preliminary investigation judge or court to verify the reasons for the exclusion from office or application of temporary restraining order or to amend the conditions of application of temporary restraining order. A new request may be submitted four months after consideration of the previous request.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (11) If a temporary restraining order restricts the right of a suspect or accused to use his or her dwelling, the suspect, accused or his or her counsel may submit the request described in subsection (1) of this section upon expiry of one month from the application of a temporary restraining order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A preliminary investigation judge or court shall consider a request within five days as of the receipt thereof. The prosecutor, suspect or accused and, at the request of the suspect or accused, his or her counsel shall be summoned before the preliminary investigation judge or court. The victim shall be also summoned to the consideration of an application for verification of the reasons for a temporary restraining order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (21) A preliminary investigation judge or court may organise the participation of the persons specified in subsection (2) of this section in the resolution of a request by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) A request shall be resolved by a court order. An order made on considering a request is not subject to contestation, except in the case the conditions of the temporary restraining order are amended.
[RT I 2006, 31, 233 - entry into force 16.07.2006]

§ 1413.  Amendment and annulment of temporary restraining order at request of victim and Prosecutor’s Office

 (1) At the request of a victim or at the request of the Prosecutor’s Office and with the consent of the victim, a preliminary investigation judge or court may amend the conditions of a temporary restraining order or annul the temporary restraining order.

 (2) In order to issue an order on amendment of the conditions of or annulment of a temporary restraining order, a preliminary investigation judge or court shall examine the criminal file and interrogate the suspect or accused and the victim with a view to ascertaining whether the request is justified. The prosecutor, victim, suspect or accused and, at the request of the suspect or accused, his or her counsel shall be summoned before the preliminary investigation judge or court.

 (3) A copy of an order on amendment of the conditions of or annulment of a temporary restraining order shall be submitted to the suspect or accused and victim and to other persons whom the restraining order concerns.
[RT I 2006, 31, 233 - entry into force 16.07.2006]

§ 1414.  Securing of confiscation, substitution thereof, civil action, proof of claim in public law and fine to extent of assets

  [RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (1) For securing confiscation, substitution thereof, civil action, proof of claim in public law or fine to the extent of assets, assets may be seized in the case of reasonable suspicion of criminal offence pursuant to the procedure provided for in § 142 of this Code, or other measures for securing an action provided for in § 378 of the Code of Civil Procedure may be applied if there is reason to believe that failure to secure the claim of the victim, confiscation, substitution thereof or fine to the extent of assets may impair the execution of a court decision or make it impossible.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (2) The procedure provided for in § 142 of this Code shall be complied with upon application of measures for securing actions.
[RT I, 26.02.2014, 1 - entry into force 08.03.2014]

 (3) A means for securing a proprietary claim shall be chosen such that the means, when applied, would burden the suspect, accused, civil defendant or third party only in so far as this can be considered reasonable taking account of the circumstances. The amount of a financial claim must be taken into consideration upon securing thereof.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (4) A court may implement several measures concurrently to secure a financial claim.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

§ 142.  Seizure of property

 (1) The objective of seizure of property is to secure a civil action, proof of claim in public law, confiscation or replacement thereof or fine to the extent of assets. Seizure of property means recording the property of a suspect, accused, convicted offender, civil defendant or third party or the property which is the object of money laundering or terrorist financing and preventing the transfer of the property.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (2) Assets are seized at the request of the Prosecutor’s Office on the basis of an order of a preliminary investigation judge or on the basis of a court order, taking into account the exceptions specified in subsection (3) of this section.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (21) Seizure of any assets held in an account with a credit or financial institution means imposition of such restrictions on the use of the account during which the credit institution or financial institution does not comply with any account debiting instructions to the extent of the assets seized.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (3) In the cases of urgency, assets may be seized on the basis of an order of the Prosecutor’s Office. A preliminary investigation judge must be informed of seizure of assets within 24 hours as of the seizure and the preliminary investigation judge shall deliver a decision to grant or refuse to grant an authorisation by an order immediately but not later than 72 hours after becoming aware of the seizure. If the preliminary investigation judge refuses to grant permission, the property shall be released from seizure immediately.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (4) Upon seizure of property in order to secure a civil action, the extent of the damage caused by the criminal offence shall be taken into consideration.

 (5) An order on the seizure of property shall be immediately submitted for examination to the person whose property is to be seized or to his or her adult family member, or if the property of a legal person is to be seized, to the representative of the legal person, and he or she shall sign the order to this effect. If obtaining of a signature is impossible, the order shall be communicated to the person whose property is to be seized or to the representative of the legal person who is the owner of the property to be seized. If property is seized in the courses of performance of a procedural act, the representative of the local government shall be involved in the absence of the responsible person or representative.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) If necessary, an expert or qualified person who participates in a procedural act shall ascertain the value of the seized property on site.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (7) Seized property shall be confiscated or deposited into storage with liability. Property shall be deposited into storage with liability on the basis of a deposit contract. The depositary shall ensure that property be preserved and the depositary shall be warned about a criminal punishment for unauthorised use, disposal of or intentional damage to the property.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (8) In order to seize an immovable, a preliminary investigation judge shall submit an order on the seizure to the Land Registry Department of the Tartu County Court in order for a prohibition on the disposal of the immovable to be made in the land register.
[RT I, 21.06.2014, 8 - entry into force 01.01.2015]

 (9) For seizure of a movable or right entered in a state register, the Prosecutor’s Office shall submit an order on seizure to the relevant state register, for seizure of registered securities to the central securities depository.
[RT I, 26.06.2017, 1 - entry into force 06.07.2017]

 (10) Property which pursuant to law is not be subject to a claim for payment shall not be seized.

 (11) If the grounds for the seizure of property cease to exist before the completion of pre-court proceedings, the Prosecutor’s Office or preliminary investigation judge shall release the property from seizure by an order. Immovable property is released from seizure by an order of a preliminary investigation judge.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 143.  Report of seizure of property

 (1) The report of seizure of property shall set out:
 1) the names and characteristics of the seized objects and the number, volume or weight and value of the objects;
 2) a list of property taken over or deposited into storage with liability;
 3) absence of property to be seized if such property is missing.

 (2) A list of seized property may be appended to the report of seizure of property and a notation concerning the list is made in the report. In such case, the report shall not contain the information listed in clause (1) 1) of this section.

§ 1431.  Additional restrictions applied to persons whose personal liberty has been restricted

 (1) If there is sufficient reason to believe that a suspect or accused who is held in custody or imprisoned or serving detention may adversely affect the conduct of criminal proceedings by his or her actions, the Prosecutor's Office or court may issue the order to transfer the suspect or accused, or to isolate the suspect or accused from other remand or convicted prisoners or persons serving a detention. The Prosecutor's Office or court may also, by order, restrict or totally prohibit the following with regard to a suspect or accused:
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 1) right to short or long-term visit;
 2) right to correspondence or use of telephone;
 3) right to prison leave;
 4) right to prison leave under supervision or release.

 (2) The order shall set out:
 1) the name of the suspect or accused;
 2) the reasons for and extent of transfer or restriction of rights;
 3) the term for application of transfer or restrictions.

 (3) The order shall be sent to the prison or house of detention to be executed without delay. A copy of the order shall be sent to the suspect or accused.

 (4) The restriction specified in clause (1) 2) of this section shall not extend to the correspondence and use of telephone for communication with state agencies, local governments and their officials and with a criminal defence counsel.
[RT I 2006, 63, 466 - entry into force 01.02.2007]

Chapter 5 PROCEDURAL DOCUMENTS, TRANSLATION, INTERPRETATION AND SUMMONING  

Division 1 Procedural Documents  

§ 144.  Language of procedural documents

 (1) Procedural documents shall be prepared in the Estonian language. If a procedural document is prepared in another language, a translation into Estonian shall be appended thereto.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) Translation into the Estonian language of procedural documents prepared in other languages by investigative bodies and the Prosecutor’s Office in terminated criminal proceedings shall be appended at the order of the Prosecutor's Office or at the request of a participant in proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 145.  Order

 (1) An order is:
 1) a substantiated determination on a procedural issue by the body conducting proceedings which is formalised in writing;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 11) a determination terminating criminal proceedings, made in accordance with the rules provided in subsection 206 (11) of this Code;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 12) in the case provided in this Code, a determination on a procedural issue which is endorsed on the request and whose reasons are not provided;
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
 2) a determination on a procedural issue which is made in accordance with the rules provided in section 137 of this Code and entered in the minutes of the court session as the result of resolving a specific issue in judicial proceedings and whose substantiation is not provided.

 (2) The introduction of a reasoned order shall set out:
 1) the date and place of preparation thereof;
 2) the official title and name of the person who prepared the order;
 3) the title of the criminal matter: the number of the criminal matter and the legal assessment of the criminal offence or the name of the suspect or accused.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

 (3) The main part of a reasoned order shall set out:
 1) the reasons for the order;
 2) the basis for the order under procedural law.

 (4) The final part of a substantiated order shall set out the determination made as a result of resolution of the criminal matter or a specific issue arising within that matter.

 (41) The court may add to an order, whereby a participant in proceedings is ordered to pay an amount of money to the Republic of Estonia that arises from a claim which has not arisen from participation of the state or administrative body of the state in the proceedings as a participant in proceedings, the data required for payment of the claim in a separate document.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (42) A list of the data required for the fulfilment of the claim specified in subsection (41) of this section and the technical requirements for formalising these shall be established by a regulation of the minister responsible for the area.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (5) An order shall be prepared in accordance with the additional requirements for the content thereof.

 (6) In the case provided by this Code, a reasoned order shall be submitted for examination to a participant in the proceedings and his or her rights and obligations shall be explained to him or her and the participant shall sign the order to this effect.

 (7) An order made by a body conducting the proceedings in a criminal matter heard by the body is binding on everyone.

§ 146.  Report of investigative activities and other procedural acts

 (1) Report of the conditions, course and results of investigative activities or other procedural acts shall be made in typewritten form or in clearly legible handwriting. If necessary, the assistance of a secretary shall be used.

 (2) The introduction of the report shall set out:
 1) the date and place of the investigative activities or other procedural acts;
 2) the official title and name of the person preparing the report;
 3) the number of the criminal matter and the title of the investigative activities or other procedural acts;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 4) in the cases provided by law, a reference to the order on the basis of which the investigative activities or other procedural acts were conducted;
 5) the status in the proceedings of the person subject to the investigative activities or other procedural acts, the person's name, residence or seat, address, and telecommunications numbers or electronic mail address;
 6) the status in the proceedings, name, residence or seat and address of any other person who participated in the investigative activities or other procedural acts;
 7) the time of commencement and end of the investigative activities or other procedural acts and other information relating thereto;
 8) the performance of the investigative activities or other procedural acts pursuant to § 8 of this Code;
 9) the basis of the investigative activities or other procedural acts under procedural law.

 (3) If a witness who gives testimony in the course of investigative activities is at least fourteen years of age, the introduction of the report of the activities shall set out that the witness was warned that, pursuant to the Penal Code, refusal to give testimony without a legal basis or giving knowingly false testimony may result in a criminal punishment.

 (4) A participant in the proceedings shall sign the introduction of the report in confirmation that his or her rights and obligations were explained to him or her.

 (5) The main part of the report shall set out:
 1) the course and results of the investigative activities or other procedural acts in such detail as is necessary for the purposes of proof and in compliance with the additional requirements provided for the content of procedural acts by this Code;
 2) the technical equipment used.

 (6) The final part of the report shall set out:
 1) the names of the objects confiscated in the course of the investigative activities or other procedural acts and the manner of packaging of the objects;
 2) submission of the report for examination to the persons who participated in the investigative activities or other procedural acts;
 3) the annexes to the report.

 (7) If the report contains conclusions the comprehension of which requires specific expertise, the report shall set out the method of reaching such conclusions and the personal data of the person who made the conclusions based on specific expertise.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (8) If a witness participates in a procedural act under a fictitious name, a copy shall be made of the minutes of the procedural act where no other personal data besides the fictitious name shall be indicated and the witness shall not sign the copy. The original report shall be placed in an envelope specified in subsection 67 (4) of this Code which is kept separately from the criminal file.

§ 147.  Secretary

  An investigative body or Prosecutor’s Office may use the assistance of a secretary when making report of the conditions, course and results of procedural acts.

§ 148.  Annex to report of investigative activities or other procedural acts

 (1) If necessary, evidentiary information may be recorded, in addition to the report of the investigative activities or other procedural acts, on a photograph, on film, as an audio or video recording, drawing or in any other illustrative manner.

 (2) Photographs, drawings and other illustrative material shall be included in the criminal file together with the report, and films and audio and video recordings shall be packaged and stored with the criminal matter.

§ 149.  Photographs

 (1) The conditions, course and results of investigative activities or other procedural acts shall be photographed if this is considered necessary by the official of the investigative body or if the obligation to take photographs is provided for in this Code.

 (2) If negatives are used in photographing, the negatives shall be appended to the report of the investigative activities or other procedural acts.

 (3) Digital photographs shall be included in the minutes of a procedural act or presented as an annex thereto and preserved in the form of computer files in the E-File system. Digital photographs may also be created of single shots of a video recording.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 150.  Films and audio and video recordings

 (1) An investigative activity or any other procedural act or a distinct part thereof may be filmed or audio or video recorded. The witness or the participant in proceedings shall be notified thereof before the commencement of the investigative activities or other procedural acts.

 (2) The information specified in subsections 146 (2) and (3) of this Code shall be set out at the beginning of an audio or video recording. After the completion of investigative activities or other procedural acts, the recording shall be submitted to the participants in the investigative activities or procedural acts for listening or watching.

 (3) Report shall be made of investigative activities or other procedural acts on the basis of an audio or video recording of the activity or act pursuant to the procedure provided for in this Code.

 (4) An audio or video recording shall be appended to the criminal file. Later changes to an audio or video recording are prohibited.

 (5) A witness of less than 14 years of age shall not be shown the video recording of his or her hearing or the video recording of other investigative activities or procedural acts. The specified recordings need not be shown to witnesses of less than 18 years of age.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 151.  Drawings

 (1) Drawings may be appended to a report of investigative activities in order to illustrate the conditions, course and results of the activities and clarify and amend the content of the report.

 (2) A drawing shall contain a reference to the report of the investigative activities and the time of preparing the report.

 (3) A drawing shall be signed by a body conducting the proceedings. If a drawing is made by a qualified person or a person subject to the investigative activities, he or she shall also confirm the authenticity of the drawing by his or her signature.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) If necessary, a body conducting the proceedings shall have another person who participated in the investigative activities sign a drawing in order to confirm the authenticity of the drawing.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 152.  Submission of report of investigative activities or other procedural acts for examination

 (1) The report of investigative activities or any other procedural acts shall be submitted for reading to the person subject to the activities or acts and to other persons who participated therein or the report shall be read to the persons at their request and a notation to this effect shall be made in the report.

 (2) Petitions concerning the conditions, course and results of investigative activities or any other procedural acts or concerning the report of the activities or acts, the requests for amendment of the report and other requests made upon examination of the report shall be entered in the same report.

 (3) A copy of a search report or of a report of seizure of property shall be submitted to the person subject to the procedural act or to his or her adult family member or, if the person is a legal person, state or local government agency, to the representative thereof who participated in the procedural act. In the absence of such persons, a copy of the report shall be submitted to the representative of a local government agency.

 (4) The report shall be signed by the person conducting the proceedings, qualified persons, persons subject to the act and the persons participating in the act.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) If a person specified in subsection (4) of this section refuses to sign the report or if a person is unable to sign the report due to a physical disability, a notation concerning the refusal and the reasons therefor or concerning the person's inability to sign the report shall be made in the report and confirmed by the official of the investigative body.

 (6) A witness of less than 14 years of age shall not be enabled to examine the hearing record prepared on the basis of the video recording of his or her hearing or the video recording of other investigative activities or procedural acts. The specified record need not be shown to witnesses of less than 18 years of age.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 153.  Summary of pre-court proceedings

 (1) The summary of pre-court proceedings shall set out:
 1) the date and place of preparation thereof;
 2) the official title and name of the official of the investigative body;
 3) the title of the criminal matter;
 4) the name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship, education, native language and the place of work or educational institution of the suspect;
 5) the suspect's criminal record;
 6) the preventive measures applied with regard to the suspect and the duration thereof;
 7) facts relating to the subject of proof which were ascertained in the pre-court proceedings, as listed in clause 62 1) of this Code;
 8) a list of evidence;
 9) a list of physical evidence and recordings, and information concerning the location thereof;
 10) information concerning the objects seized in order to secure the confiscation thereof;
 11) information concerning a civil action or a proof of claim in public law and the measures for securing the action;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 12) information concerning property which was obtained by the criminal offence;
 13) list of information entered in the state register of fingerprints and state DNA register.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (2) The summary of pre-court proceedings shall be signed and dated by the official of an investigative body.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 154.  Statement of charges

 (1) The introduction of a statement of charges shall set out:
 1) the date and place of preparation thereof;
 2) the official title and name of the prosecutor;
 3) the title of the criminal matter;
 4) the name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship, education, native language and the place of work or educational institution of the accused;
 5) the criminal record of the accused.

 (2) The main part of a statement of charges shall set out:
 1) the facts relating to the criminal offence;
 2) the nature and extent of the damage caused by the criminal offence;
 3) information concerning property which was obtained by the criminal offence;
 31) the mitigating and aggravating circumstances;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 32) data on whether the victim has filed the request provided for in clause 38 (5) 2) or 4) of this Code or expressed the opinion provided for in clause 5);
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
 4) the evidence in proof of the facts which are the basis of the charge, and a reference to the facts which are intended to be proven with each piece of evidence;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 5) information concerning application and change of preventive measures applied to the accused and concerning the preventive measure in force;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
 51) in the case of the accused who is a citizen of a foreign state, information concerning the possibility to impose expulsion as a supplementary punishment provided for in § 54 of the Penal Code;
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
 6) information concerning the circumstances on the basis of which a fine to the extent of assets is calculated or the circumstances which are the basis for confiscation;
[RT I 2007, 2, 7 - entry into force 01.02.2007]
 7) [repealed - RT I, 05.07.2013, 2 - entry into force 15.07.2013]
 8) information concerning the circumstances which are the prerequisites for the administration of addiction treatment of drug addicts or complex treatment of sex offenders;
[RT I, 15.06.2012, 2 - entry into force 01.06.2013]
 9) information concerning the children and property of the accused requiring supervision;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 10) information concerning physical evidence and other objects seized during criminal proceedings;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 11) information concerning the expenses relating of the criminal proceedings;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 12) list of information entered in the state register of fingerprints and state DNA register;
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
 13) data concerning appointment of a probation officer.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (3) The final part of a statement of charges shall set out:
 1) the name of the accused;
 2) the content of the charges;
 3) the legal assessment of the criminal offence pursuant to the relevant section, subsection and clause of the Penal Code.

 (4) A statement of charges shall be signed and dated by the prosecutor.

§ 1541.  Civil action

 (1) A civil action shall be filed in writing and shall set out:
 1) the name, address and other contact details of the person filing a civil action;
 2) the name of the accused or civil defendant against whom the civil action was filed. Prior to submission of a criminal file to the victim, the victim may refuse to state the name of the accused or civil defendant in a civil action. In such case, the victim must supplement the civil action within the term provided for in subsection 225 (1) or clause 240 4) of this Code;
 3) the clearly expressed claim of the person filing the civil action;
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]
 4) the factual circumstances which are the basis for the claim of the person filing the civil action;
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]
 5) the evidence in proof of the facts which are the basis for the claim and upon which the victim intends to rely regardless of the set of evidence submitted by the Prosecutor’s Office, if the person filing the civil action is not the Prosecutor’s Office. If the civil action is filed by the Prosecutor’s Office pursuant to subsections 381 (31), (32) or (33) of this Code, the civil action shall set out the evidence in proof of the facts which are the basis for the claim and on which the Prosecutor’s Office intends to rely.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

 (2) In an action for compensation of non-proprietary damage, the size of the compensation claimed may be left unspecified and fair compensation at the discretion of the court may be requested.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 1542.  Proof of claim in public law

  A proof of claim in public law shall be filed in writing and it shall set out:
 1) the person filing the proof of claim in public law, his or her address and other contact details;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 2) the name of the accused of defendant against whom the proof of claim in public law is filed;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 3) the clearly expressed claim of the person filing the proof of claim in public law;
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]
 4) the basis of the claim under substantive law filed in the proof of claim in public law and the legal and factual reasoning thereof;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 5) the evidence in proof of the facts which are the basis for the claim and upon which the victim intends to rely regardless of the set of evidence submitted by the Prosecutor’s Office, if the person filing the proof of claim in public law is not the Prosecutor’s Office. If the proof of claim in public law is filed by the Prosecutor’s Office pursuant to subsections 381 (31), (32) or (33) of this Code, the civil action shall set out the evidence in proof of the facts which are the basis for the claim and on which the Prosecutor’s Office intends to rely.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

§ 155.  Minutes of court session

 (1) The minutes of a court session of a court of first instance or a court of appeal is a procedural document which is prepared in typewritten or word-processed form and where the clerk of the court session records the conditions and course of the hearing of a criminal matter in his or her own wording or as summarised by the judge.

 (2) The minutes of a court session shall set out:
 1) the date and place of the session and the time of commencement and end of the session;
 2) the name of the court and the composition of the panel of the court;
 3) the names of the parties to judicial proceedings, the clerk of the court session, translators, interpreters and experts;
 4) the title of the criminal matter being heard;
 5) [repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 6) the names of the court activities in chronological order;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 7) the questions posed by parties to judicial proceedings in a cross-examination and the testimony of the person being cross-examined;
 8) the petitions and requests and the results of adjudication thereof;
 9) the titles of the orders made in the court session;
 10) the requests submitted by the parties in the summations;
 11) the requests submitted in the final statement of the accused;
 12) whether the court judgment or order was made in chambers;
 13) pronouncement of the court judgment or order and explanation of the procedure and term for appeal.

 (21) The clerk of a court session shall take the minutes of the session without interrupting the smooth running thereof.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (22) If a court session was audio or video recorded, the audio or video recording shall be an integral part of the minutes of the court session. If the minutes contradict the recording, the recordings shall be relied upon.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) The minutes shall be signed and dated by the presiding judge and the clerk of the court session.

§ 156.  Audio and video recording of court sessions

 (1) Court sessions shall be audio recorded. A court may also video record a court session or any part thereof.
[RT I, 31.05.2018, 2 - entry into force 01.01.2019]

 (2) If a court session or court activity is audio or video recorded, the court may use the recording in order to amend and specify the minutes of the court session.

 (3) Changes to an audio or video recording are prohibited.

 (4) Court sessions need not be recorded if:

 (1) it becomes evident before a session or in the course of a session that recording is technically impossible and if the court is convinced that holding of the court session without recording it is appropriate and in line with the interests of the parties to judicial proceedings;
 2) the session is held outside the court premises;
 3) the session is held for pronouncement of the decision;
 4) in the event of a session of the Supreme Court.
[RT I, 31.05.2018, 2 - entry into force 01.01.2019]

 (5) Court sessions are audio or video recorded in digital format.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 1561.  Examination of recordings and minutes of court sessions

 (1) Parties to judicial proceedings have the right to receive a copy of the minutes of a court session and the recording thereof in the case the court session is recorded.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The court shall notify the parties to judicial proceedings of the time of signing the minutes and send the minutes immediately after signing thereof by electronic means to the prosecutor and other parties to judicial proceedings who have communicated their electronic mail addresses to the court. The parties to judicial proceedings may also examine the minutes in the court office.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) At the request of a party to judicial proceedings, the court shall make the signed minutes of a court session accessible to the parties to judicial proceedings not later than three days after the day of the court session.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) A copy of the audio recording of a court session shall be issued by a court office on a digital data medium or sent by electronic means within three days after submission of the respective request. Audio recordings of court sessions are made accessible to prosecutors by means of the E-File system.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) In the case a court session is video recorded, a court shall show the video recording to a party to judicial proceedings at the court within three days after submission of the respective request.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) A copy of the minutes or recording of a court session held in camera or a part thereof shall be issued by a court only in the case this does not endanger the interests specified in subsection 12 (1) of this Code. The court shall allow a party to judicial proceedings to examine the recordings or minutes of a court session held in camera at the court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (7) The fee chargeable for making the audio recording copies specified in subsection (1) of this section in the amount of up to five euros and the procedure for payment thereof shall be established by a regulation of the minister responsible for the area.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (8) A state fee shall be paid for a copy of the minutes specified in subsection (1) of this section in the amount provided for in subsection 61 (1) of the State Fees Act.
[RT I, 30.12.2014, 1 - entry into force 01.01.2015]

§ 1562.  Making procedural documents available in judicial proceedings

 (1) The court shall make all procedural documents of judicial proceedings immediately available to parties to those proceedings in the E-File system regardless of how these are delivered to the parties.

 (2) The minister responsible for the area may establish more specific requirements by a regulation for making procedural documents available through the information system.
[RT I, 22.03.2013, 9 - entry into force 01.04.2013]

§ 157.  Court session clerks

 (1) A court session clerk is a court officer whose duty is to conduct the technical preparations for a court session, to organise the audio and video recording thereof in the cases prescribed by law or at the direction of the court and to take minutes of the conditions, course and results of the court session.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A court session clerk is required to remove himself or herself from criminal proceedings on the bases provided for in subsections 49 (1) and (6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) If a court session clerk does not remove himself or herself on the bases provided for in subsections 49 (1) and (6) of this Code, the prosecutor, accused, counsel, victim or civil defendant may submit a petition of challenge against the clerk. Petitions of challenge shall be resolved pursuant to the procedure prescribed in subsection 59 (6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 158.  Request for amendment of minutes of court session

 (1) Within three days after signing of the minutes of the court session, the parties to judicial proceedings may submit written requests for amendment of the minutes of the session and the requests shall be included in the criminal file.

 (2) Requests shall be considered by a judge or presiding judge. If the judge or presiding judge consents to a request, he or she shall amend the minutes and the correctness of the amendments shall be confirmed by the signatures of the judge or presiding judge and the clerk of the court session.

 (3) If a judge or presiding judge does not consent to a request for amendment, the request shall be considered in a court session held within five days as of receipt of the request. If possible, the audio or video recording of a court session shall be heard in order to resolve the request. The request shall be resolved by an order of the judge or presiding judge.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 159.  Court judgment

 (1) A court judgment is a decision on the merits of a criminal matter made in the name of the Republic of Estonia as a result of judicial proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A court judgment shall be prepared pursuant to §§ 311-314 of this Code.

 (3) The court may add to a judgment, whereby a participant in proceedings is ordered to pay an amount of money to the Republic of Estonia that arises from a claim which has not arisen from participation of the state or administrative body of the state in proceedings as a participant in proceedings, the data required for payment of the claim in a separate document.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (4) A list of the data required for the fulfilment of the claim specified in subsection (3) of this section and the technical requirements for formalising these shall be established by a regulation of the minister responsible for the area.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 160.  Restoration of document

 (1) If a procedural document or another document relevant for the resolution of a criminal matter is destroyed, lost or removed and restoration thereof is impossible, a copy of the document which has been authenticated by a court or notary is deemed to be equal to the original.

 (2) If a procedural document cannot be replaced by an authenticated copy, the procedural document shall be restored on the basis of a draft of the document if such draft exists. A restored procedural document is deemed to be valid if the person conducting the proceedings who initially prepared the document confirms by his or her signature that the restored document corresponds to the original.

§ 1601.  Criminal file

 (1) Criminal file means a set of documents collected in a criminal matter.

 (2) The court maintains a court file on every criminal matter which it deals with and which includes, in chronological order, all the procedural documents and other documentation related to the matter. In the cases prescribed by law, other objects relevant to the proceedings shall be included in the court file.

 (3) A court file is kept in the form of a collection of written documents.

 (4) A court file may be maintained, in whole or in part, in digital form.

 (5) If a court file is maintained in digital format, paper documents are scanned and saved in the E-File system under the relevant proceedings. The E-File system shall automatically record the time of saving a document and the data of the person saving it. Documents saved in the E-File system substitute for paper documents.

 (6) The time and procedure for transfer to mandatory maintaining of digital court files, technical requirements for maintaining of digital court files and access thereto and preservation of electronic documents shall be established by a regulation of the minister responsible for the area.

 (7) More specific requirements for archiving of digital court files and access to archived files and procedural documents shall be established by a regulation of the minister responsible for the area.
[RT I, 22.03.2013, 9 - entry into force 01.04.2013]

§ 1602.  Delivery of digital documents

 (1) Digital applications, appeals and other documents in criminal proceedings shall be delivered directly or through the E-File system, unless otherwise provided for in this Code. A body conducting proceedings shall enter the directly delivered digital documents in the E-File system.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

 (2) For a digital document to be appended to a criminal file, the document shall be printed and included in the file. A body conducting proceedings shall certify the authenticity of the printed document and the correspondence thereof to the digital document by his or her signature and add the identification number of the document in the E-File system thereto.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

 (3) Advocates, notaries, bailiffs, trustees in bankruptcy and state or local government agencies shall submit applications, complaints and other documents to a body conducting proceedings by electronic means, unless there is good reason to submit procedural documents in another format.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 1603.  Requirements for documents

 (1) The requirements for a criminal file and the standard format of a statement of defence shall be established by the minister responsible for the area.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (11) The standard format of documents of pre-court procedure in criminal matters shall be established by the Prosecutor General by direction provided to the Prosecutor’s Office and investigative bodies on the basis of subsection 213 (5) of this Code.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (2) The procedure for the preparation, delivery and preservation of documents signed digitally in criminal proceedings and other digital documents shall be established by the minister responsible for the area.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 1604.  Making of excerpts and obtainment of copies

 (1) If a person has the right to examine procedural documents on the basis of this Code, he or she shall be allowed to make excerpts therefrom and receive a copy thereof for a fee, unless otherwise regulated by this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) In the interests of the criminal proceedings, the Prosecutor’s Office may restrict the right to make excerpts and receive copies by a reasoned order for a certain period of time.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) A state fee shall be paid for a copy specified in subsection (1) of this section in the amount provided for in subsection 61 (1) of the State Fees Act.
[RT I, 30.12.2014, 1 - entry into force 01.01.2015]

Division 2 Translation and Interpretation  

§ 161.  Translators and interpreters

 (1) If a text in a foreign language needs to be interpreted or translated or if a participant in criminal proceedings is not proficient in the Estonian language, an interpreter or translator shall be joined to proceedings.

 (2) An interpreter or translator is a person proficient in language for specific purposes or a person interpreting for a deaf or dumb person. Other subjects of criminal proceedings shall not perform the duties of an interpreter or translator.

 (3) An interpreter or translator to whom the oath of interpreters and translators has not been administered shall be warned that he or she may be punished pursuant to criminal procedure for a knowingly false interpretation or translation.

 (4) If an interpreter or translator does not participate in a procedural act where the participation of an interpreter or translator is mandatory, the act is null and void.

 (5) In order to ensure the correctness of interpretation or translation, an interpreter or translator has the right to pose questions to participants in the proceedings, examine the minutes of procedural acts and make statements concerning the report, and such statements shall be recorded in the minutes.

 (6) An interpretation or translation of any aspect of a procedural act rendered by an interpreter or translator shall be precise and complete and the interpreter or translator shall maintain the confidentiality of the information which became known to him or her in the course of the translation. If a non-staff interpreter or translator is not sufficiently proficient in language for specific purposes or in the form of expression of a deaf or mute person, he or she is required to refuse to participate in the criminal proceedings.
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]

 (7) A suspect or accused or his or her counsel may file an appeal against the provision of a false translation or interpretation by a translator or interpreter pursuant to the procedure provided for in § 228 of this Code.
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]

§ 162.  Bases for interpreters and translators to remove themselves and removal of translators or interpreters

 (1) An interpreter or translator is required to remove himself or herself from criminal proceedings on the bases provided for in subsections 49 (1) and (6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) If an interpreter or translator does not remove himself or herself on a bases provided for in subsections 49 (1) and (6) of this Code, the prosecutor, suspect, accused, counsel, victim or civil defendant may submit a petition of challenge against the interpreter or translator.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (21) A body conducting the proceedings may remove an interpreter or translator if the interpreter or translator does not perform his or her duties as required or if the quality of the interpretation or translation may impair the exercise of the right of defence of the suspect or accused.
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]

 (3) Petitions of challenge shall be resolved pursuant to the procedure prescribed in subsections 59 (5)-(6) of this Code.

Division 3 Summoning and Publication of Time of Court Session  
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 163.  Summons

 (1) A summons shall set out:
 1) the name of the person summoned;
 2) the official title, name and details of the person issuing the summons;
 3) the reason for summoning the person, and the capacity in which the person is summoned;
 4) if a legal person is summoned, whether the summons is addressed to a legal representative or a representative;
 5) whether appearance is mandatory;
 6) the place and time of appearance;
 7) the number of the criminal matter;
 8) the obligation to give notice of failure to appear and of the reasons for such failure;
 9) the consequences of failure to appear.

 (2) The final part of a summons shall contain a notice which shall be completed if the summons is served on the person against signature. The notice shall set out the name of the person who received the summons, his or her signature confirming the receipt of the summons, the date of receipt of the summons and the obligation of the person who receives the summons in the absence of the summoned to deliver the summons to the summoned at the earliest opportunity or give notification to the person who issued the summons if delivery of the summons is impossible. If a person refuses to accept the summons, the person serving the summons shall make a notation on the notice in the final part of the summons and confirm the notation by his or her signature.

 (3) If a person is summoned to a body conducting proceedings pursuant to the procedure provided for in § 164 of this Code, the notice provided for in subsection (2) of this section shall set out the number of the telephone or other means of communication to which the summons was sent.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 1631.  Summoning pursuant to general procedure in county court

 (1) Summoning of a witness, qualified person and expert in proceedings in a criminal matter conducted pursuant to the general procedure in a county court shall be organised by the party to judicial proceedings who applies for the hearing of the respective person in court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) Summoning of a victim, civil defendant, third party and the representatives thereof in proceedings in a criminal matter conducted pursuant to the general procedure in a county court shall be organised by the Prosecutor's Office.

 (3) Summoning of an accused in proceedings in a criminal matter conducted pursuant to the general procedure in a county court shall be organised by the counsel or the Prosecutor’s Office as agreed in a preliminary hearing. Failing agreement, summoning of the accused shall be organised by the Prosecutor’s Office.

 (4) At the request of the parties to the judicial proceedings the court shall issue summonses to the parties in a preliminary hearing and set out the information listed in subsection 163 (1) of this Code in the summonses. The court shall indicate the details of the parties to judicial proceedings above the official title and details of the person issuing the summons.

 (5) The court shall issue to the counsel, at his or her request, the address of the person in the population register who is summoned to court as a witness at the request of the counsel.

 (6) A summons shall be served on a witness, qualified person and expert by a party to judicial proceedings or by a third party at the request of a party to judicial proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (7) If the Prosecutor’s Office performs the duties prescribed in this section, the rights specified in clauses 213 (1) 5) and 10) of this Code extend to the Prosecutor’s Office. The Prosecutor’s Office has the right to summon independently persons in judicial proceedings whose summoning has been decided in a preliminary hearing.
[RT I 2008, 32, 198 - entry into force 01.01.2009]

§ 164.  Regular procedure for service of summonses

 (1) A person shall be summoned to an investigative body, Prosecutor’s Office or court by a summons communicated by telephone or other means of communication.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) If there is reason to believe that a person absconds appearance at a body conducting proceedings or a person has expressed a wish to receive a written summons, the person shall be summoned to an investigative body, Prosecutor’s Office or court by a written summons.

 (3) The notices read by an official of an investigative body, prosecutor or court to the persons present are deemed to be equal to summonses served against signature within the meaning of subsection 165 (2) of this Code if a corresponding notation is made in the report.

 (4) A summons shall be communicated to or served on a person in sufficient time for the appearance.

 (5) Summonses may be served on any day and at any time.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 165.  Rules for service of written summonses

 (1) A written summons may be served against signed receipt on a notice, as a postal item delivered against signed receipt or by electronic means.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A written summons shall be served on an adult or minor of at least fourteen years of age against signed receipt on a notice. The written summons addressed to a person who is less than fourteen years of age or suffers from a mental disorder shall be served on his or her parent or any other legal representative or guardian against signed receipt on a notice. If a summons cannot be served on the person summoned, the summons shall be served against signed receipt on a notice on an adult family member living together with the summoned or shall be sent to the place of employment or educational institution of the summoned for forwarding to him or her.

 (3) A summons sent by post is deemed to be received by the person on the date indicated in the notice of delivery of the postal service provider.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) A summons may be served on participants in proceedings by electronic mail at the electronic mail addresses disclosed by the participants in proceedings to a body conducting the proceedings or by the employer of a participant in proceedings or published on a personal website. The summons served by electronic mail shall include a notation stating the obligation to confirm the receipt of the summons electronically. In the case no confirmation of receipt of the summons is received within three working days as of serving the summons at the electronic mail address ascertained by the body conducting the proceedings, the summons shall be served as a postal item served against signature or shall be served on the person summoned against signature.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (41) If a summons is made accessible through the E-File system, the person summoned shall be notified of the existence of the summons at his or her electronic mail address indicated in a procedural document or published on the Internet. The notice shall include a reference to the digital summons in the E-File system and the term for accessing thereof which is three days as of the moment of sending the summons. A summons shall not be accompanied by digital signature if the sender and the time of sending thereof can be identified through the E-File system. A summons made accessible through the E-File system is deemed delivered if the recipient opens it in the information system or confirms the receipt thereof in the information system without opening the document and in the case this is done by another person to whom access to the documents in the information system is enabled by the recipient. If the summons is not accessed through the E-File system within three days as of the date of sending thereof, the summons shall be sent as a postal item served against signature or it shall be served on the person summoned against signature.
[RT I, 22.03.2013, 9 - entry into force 01.04.2013]

 (5) Notices concerning the serving of a summons against signature, notices of delivery issued by postal service providers, the printouts of electronic mails concerning the issue of the summons and the printouts of electronic mails confirming the receipt of the summons shall be included in the criminal file. The fact of the receipt of a summons through the E-File system shall be registered in the E-File system and no printout shall be included in the criminal file.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) The minister responsible for the area may, by regulation, establish more specific requirements for electronic delivery of procedural documents in judicial proceedings through the E-File system.
[RT I, 22.03.2013, 9 - entry into force 01.04.2013]

§ 166.  Sending of summonses to prisoners

  A summons shall be sent to a person held in custody or imprisoned person through the head of the custodial institution who shall arrange for the appearance of the summoned.

§ 167.  Sending of summonses to persons serving in Defence Forces

  A summons shall be sent to a person serving in the Defence Forces through the direct commander who shall arrange for the appearance of the summoned.
[RT I 2008, 35, 212 - entry into force 01.01.2009]

§ 168.  Communication of summonses through notice in newspaper

 (1) If there are several victims or civil defendants or if their identities cannot be established, an investigative body, Prosecutor’s Office or court may summon such persons through a notice in a newspaper. A summons published in such manner is deemed to be served as of the publication of the notice.

 (2) A notice in a newspaper shall set out the information listed in subsection 163 (2) of this Code.

 (3) A notice shall be published in the newspaper prescribed for the publication of court notices at least twice with an interval of at least one week.

 (4) The text of a notice published in a newspaper shall be included in the criminal file.

§ 169.  Communication of summons to persons whose whereabouts are unknown

  If a summons cannot be served on a person pursuant to the procedure provided for in §§ 164-167 of this Code, he or she shall be declared a fugitive by an order of an investigative body or Prosecutor’s Office or by a court order pursuant to the provisions of § 140 of this Code.

§ 1691.  Publication of time of court session on website of court

  The time of a court session is published on the website of a court indicating the number of the criminal matter, the name of the accused who is an adult and the initials of the accused who is a minor and the legal assessment of the criminal offence in which the person is accused pursuant to the corresponding section, subsection or clause of the Penal Code. In the case of a court session in camera, only the time of the session, number of the criminal matter and a notation that the court session is held in camera shall be published. The time of the court session shall be removed from the website when seven days have passed from the court session.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 170.  Good reason for failure to appear when summoned

 (1) If a person summoned cannot appear on the specified date, he or she shall immediately give notice thereof.

 (2) Good reason for failure to appear is:
 1) absence which is not related to evading criminal proceedings;
 2) failure to receive a summons or belated receipt of the summons;
 3) a serious illness of the person summoned or a sudden serious illness of a person close to him or her which prevents the person from appearing at the body conducting the proceedings;
 31) participation in a court session prescribed earlier;
[RT I 2008, 32, 198 - entry into force 15.07.2008]
 4) other circumstances which the investigative body, Prosecutor’s Office or court deems to be a good reason.

 (3) If an eyewitness to a criminal offence who has not been identified refuses to participate in criminal proceedings as a witness, an official of the investigative body may detain the person for identification for up to 12 hours and a report shall be prepared thereon.

 (4) A person shall submit a certificate concerning the occurrence of an impediment specified in clause (2) 3) of this section to the body conducting proceedings. The format and the procedure for the issue of certificates shall be established by the minister responsible for the area.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Chapter 6 TIME-LIMITS FOR PROCEEDINGS  

§ 171.  Calculation of time-limits

 (1) Time-limits shall be calculated in hours, days and months. A time-limit shall not include the hour or day as of which the beginning of the time-limit is calculated.

 (2) If a person is detained as a suspect or taken into custody, the time-limit shall be calculated as of the moment of his or her detention. If a person is sentenced to imprisonment, the time-limit shall be calculated as of the moment of his or her arrival at the prison for serving the punishment unless the time of commencement of the service of the sentence arises from a court judgement.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

 (3) Upon the calculation of a time-limit in days, the time-limit shall end on the last working day at twenty-four hours. If the end of a time-limit calculated in days falls on a day off, the first working day following the day off shall be deemed to be the last day of the time-limit.

 (4) Upon the calculation of a time-limit in months, the time-limit shall end on the corresponding date of the last month. If the ending of a time-limit falls on a calendar month which lacks a corresponding date, the time-limit shall end on the last date of the month.

 (5) If the end of a time-limit calculated in months falls on a day off, the first working day following the day off shall be deemed to be the last day of the time-limit.

 (6) If an act is performed by an investigative body, Prosecutor’s Office or court, the time-limit shall end at the time of the end of the working hours in the corresponding agency.

 (7) A time-limit shall be deemed not to have been allowed to expire, if an appeal is posted or sent by commonly used technical communication channels before the expiry of the time-limit. A time-limit shall be deemed not to have been allowed to expire, if a person held in custody submits an appeal to the administration of the custodial institution before the expiry of the time-limit.

§ 172.  Restoration of term for appeal

 (1) A term for appeal expired with good reason shall be restored by order of the investigative body or Prosecutor’s Office or court which conducts proceedings in the criminal matter.

 (2) The following are good reasons for allowing a term for appeal to expire:
 1) absence which is not related to evading criminal proceedings;
 2) other circumstances which the investigative body, Prosecutor’s Office or court deems to be a good reason.

 (3) Restoration may be applied for within 14 days as of the day when the impediment ceased to exist.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

Chapter 7 EXPENSES RELATING TO CRIMINAL PROCEEDINGS  

Division 1 Types of expenses relating to criminal proceedings  

§ 173.  Expenses relating to criminal proceedings

 (1) Expenses relating to criminal proceedings are:
 1) procedure expenses;
 2) special costs;
 3) additional costs.

 (2) Procedure expenses shall be compensated for by the obligated person pursuant to this Code to the extent determined by the body conducting proceedings.

 (3) Special costs shall be compensated for by the person by whose fault those costs are incurred. The state may be ordered to bear special costs caused by a minor.
[RT I, 05.12.2017, 1 - entry into force 01.01.2018]

 (4) Additional costs shall be borne by the person who incurs such costs.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 174.  Compensation for expenses of persons not subject to proceedings

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Expenses incurred by a person not subject to proceedings, except the procedure expenses specified in clauses 175 (1) 1)-3) of this Code, shall not be deemed to be procedure expenses.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 175.  Procedure expenses

 (1) The following are procedure expenses:
 1) reasonable remuneration paid to the chosen counsel or representative and other necessary expenses incurred by a participant in proceedings in connection with criminal proceedings;
 2) amounts paid to victims, witnesses, experts and qualified persons pursuant to § 178 of this Code, except expenses specified in clause 176 (1) 1) of this Code;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 3) expenses incurred by a state forensic institution or any other state agency or legal person in connection with conducting expert assessment or establishment of intoxication;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 4) remuneration established for an appointed counsel and the expenses thereof to the justified and necessary extent thereof;
[RT I 2009, 1, 1 - entry into force 01.01.2010]
 5) expenses incurred in the making of copies of the materials of a criminal file for a counsel in accordance with subsection 224 (1) of this Code at the rate provided for in subsection 61 (1) of the State Fees Act;
[RT I, 30.12.2014, 1 - entry into force 01.01.2015]
 6) storage fees and expenses relating to the forwarding and destruction of evidence;
 7) expenses relating to the storage, transfer and destruction of confiscated property;
 8) expenses incurred as a result of securing a civil action or proof of claim in public law;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 9) compensation levies paid upon a judgment of conviction;
 10) other expenses incurred by a body conducting proceedings in the course of conducting criminal proceedings, except costs considered to be special or additional costs pursuant to this Code.

 (2) If a participant in proceedings has several counsels or representatives, procedure expenses shall cover remuneration paid to the counsels or representatives in an amount not exceeding reasonable remuneration normally paid to one counsel or representative.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (3) If a suspect or the accused defends himself or herself, necessary defence expenses shall be included in procedure expenses. Excessive expenses which would not have occurred if a counsel had participated shall not be included in procedure expenses.

 (4) Expenses related to the conduct of expert analyses incurred by persons not subject to proceedings shall be compensated for under the conditions and pursuant to the procedure provided for in the Forensic Examination Act.
[RT I 2010, 8, 35 - entry into force 01.03.2010]

§ 176.  Special costs

 (1) The following are special costs:
 1) costs incurred as a result of the adjournment of a court session due to the failure of a participant in proceedings to appear;
 2) costs relating to compelled attendance.

 (2) The procedure for the calculation and the amount of special costs shall be determined by the Government of the Republic.

§ 177.  Additional costs

  The following are additional costs:
 1) remuneration payable to a person not subject to proceedings for information concerning facts relating to a subject of proof;
 2) the costs of keeping a suspect or the accused in custody;
 3) amounts paid to interpreters or translators pursuant to § 178 of this Code;
 4) the amounts paid in criminal proceedings pursuant to the Compensation for Damage Caused in Offence Proceedings Act;
[RT I, 20.11.2014, 1 - entry into force 01.05.2015]
 5) costs which have been incurred by state and local government agencies in connection with criminal proceedings and which are not specified in clauses 175 (1) 1) and 10) of this Code;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 6) amounts paid to representatives of witnesses pursuant to § 671 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 178.  Compensation for expenses of victims, witnesses, interpreters, translators, experts and qualified persons

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) The following expenses incurred in connection with criminal proceedings shall be reimbursed to a victim, witness, non-staff interpreter or translator and an expert or qualified person not employed by a state forensic institution:
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 1) unreceived income in accordance with subsection (4) of this section;
 2) daily allowance;
 3) travel and overnight accommodation expenses.

 (2) Translators and interpreters, experts and qualified persons shall receive remuneration for the performance of their duties, unless they performed their duties as official duties. The hourly fee paid to experts, qualified persons and interpreters or translators shall not be less than the minimum hourly fee promised to be paid to a person in employment relationship and shall not exceed it more than 50 times.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) Expenses specified in subsection (1) of this section shall also be compensated for in case the court session is adjourned. Neither remuneration nor compensation shall be paid to the person who causes the adjournment.

 (4) Victims, witnesses, translators and interpreters, experts and qualified persons whose salaries or wages are not retained shall receive compensation in the amount of their average wages, on the basis of a certificate from the employer, for the full time of their absence from work when summoned by the body conducting the proceedings. If a victim, witness, interpreter or translator, expert or qualified person fails to submit a certificate from the employer, compensation for the time of absence from work shall be calculated based on the established minimum wage.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) By its regulation, the Government of the Republic shall establish the following:
[RT I 2006, 21, 160 - entry into force 25.05.2006]
 1) the amount of and the procedure for payment of remuneration payable to victims, witnesses, interpreters and translators, experts and qualified persons;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 2) the amount of and the procedure for payment of the compensations specified in subsection (1) of this section;
[RT I 2006, 21, 160 - entry into force 25.05.2006]
 3) if necessary, specifications upon payment of remuneration or compensation to experts, qualified persons and interpreters and translators residing in a foreign state.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 179.  Compensation levies

 (1) The amount of compensation levies paid upon a judgment of conviction is:
 1) in the case of conviction of a criminal offence in the first degree, 2.5 times the amount of the minimum monthly wage;
[RT I 2008, 19, 132 - entry into force 23.05.2008]
 2) in the case of conviction of a criminal offence in the second degree, 1.5 times the amount of the minimum monthly wage.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

 (2) If a person is convicted on the basis of several sections of the Penal Code, the person shall pay the compensation levy corresponding to the degree of the most serious criminal offence.

 (3) No compensation levies are prescribed if a sanction is imposed against a minor pursuant to subsection 87 (1) of the Penal Code.
[RT I, 05.12.2017, 1 - entry into force 01.01.2018]

Division 2 Compensation for expenses relating to criminal proceedings  

§ 180.  Compensation for procedure expenses in case of conviction

 (1) In the case of a conviction, procedure expenses shall be compensated for by the convicted offender. In such case, the exceptions provided for in § 182 of this Code shall be taken into consideration.

 (11) When determining the procedure expenses provided for in clause 175 (1) 4) of this Code, the court shall take the grounds and circumstances of the arise of procedural expenses into account upon making the decision to compensate.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2) If several persons are convicted in a criminal matter, the distribution of expenses shall be decided by the court, taking into account the extent of the liability and financial situation of each convicted offender.

 (3) When determining procedure expenses, a court shall take into account the financial situation and chances of re-socialisation of a convicted offender. If a convicted offender is obviously unable to reimburse procedure expenses, the court shall order a part of the expenses to be borne by the state. The procedural expenses of a minor may be covered by the state in full. A court may order that the expenses relating to criminal proceedings shall be compensated for in instalments.
[RT I, 05.12.2017, 1 - entry into force 01.01.2018]

§ 181.  Compensation for procedure expenses in case of acquittal

 (1) In the case of an acquittal, procedure expenses shall be compensated for by the state, taking into account the exceptions provided for in § 182 of this Code.

 (2) A person who has been acquitted shall reimburse any procedure expenses caused by the person's wrongful failure to perform his or her obligations or false admission of guilt.

§ 182.  Division of procedural expenses related to civil action and proof of claim in public law

  [RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (1) If the case a civil action or proof of claim in public law is denied, the expenses related to the conduct of proceedings on the civil action or proof of claim in public law shall be borne by the victim. The fee of the legal aid appointed for the victim shall be borne by the state pursuant to the procedure provided for in subsection 41 (31) of this Code.

 (2) If the case a civil action or proof of claim in public law is granted in full, the expenses related to the conduct of proceedings on the civil action or proof of claim in public law shall be borne by the accused or defendant.

 (3) If a civil action or proof of claim in public law is granted in part, the court shall divide the expenses related to the conduct of proceedings on the civil action or proof of claim in public law between the victim, accused and defendant, taking into account all the circumstances.

 (4) Regardless of the provisions of subsections (1)-(3) of this section, the court may decide that the costs of the accused, victim or defendant related to the conduct of proceedings on the civil action or proof of claim in public law be borne in part or in full by the party who incurred the costs in the cases where ordering payment of the costs by the opposing party would be extremely unfair or unreasonable for the latter.

 (5) Upon dismissal of a civil action or proof of claim in public law due to a judgment of acquittal or termination of criminal proceedings, the costs related to the conduct of proceedings on the civil action or proof of claim in public law shall be borne by the state. Upon dismissal of a civil action or proof of claim in public law due to other reasons, the court shall divide the costs related to the conduct of proceedings on the civil action or proof of claim in public law between the victim and the state, taking into account all the circumstances.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (6) In the cases provided for in subsections (1), (3), (4) and (5) of this Code, if the person who files the civil action or proof of claim in public law is the Prosecutor’s Office pursuant to subsection 381 (31), (32) or (33) of this Code, procedure expenses shall be borne by the state.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

§ 183.  Compensation for procedure expenses upon termination of criminal proceedings

 (1) If criminal proceedings are terminated, procedure expenses shall be covered for by the state, unless otherwise provided for in this Code.

 (2) If criminal proceedings are terminated and the materials of the criminal matter are referred for a decision to be taken on commencement of misdemeanour proceedings due to elements of a misdemeanour being revealed in the case, the covering of the procedure expenses which would also have arisen in misdemeanour proceedings may be left to be determined in the decision resolving the misdemeanour proceedings. If the decision is taken not to commence misdemeanour proceedings, the procedure expenses shall be covered by the state.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

§ 184.  Compensation for procedure expenses in case of false report of criminal offence

  If criminal proceedings are commenced on the basis of a knowingly false report of a criminal offence, procedure expenses shall be reimbursed by the person who filed the report.

§ 185.  Compensation for procedure expenses in appeal proceedings

 (1) If a decision specified in clauses 337 (1) 2)-4) or subsection 337 (2) of this Code is made in appeal proceedings, procedure expenses shall be borne by the state.

 (2) If a decision specified in clause 337 (1) 1) of this Code is made in appeal proceedings, procedure expenses shall be borne by the person in whose interests the appeal was filed. If the appeal was filed by the Prosecutor’s Office, procedure expenses shall be borne by the state.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 186.  Compensation for procedure expenses under cassation procedure and review procedure

 (1) If a decision specified in clauses 361 1) 2)-7) of this Code is made in cassation proceedings, procedure expenses shall be borne by the state.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) If a decision specified in clause 361 (1) 1) of this Code is made in cassation proceedings, procedure expenses shall be borne by the person in whose interests the cassation was filed. If the cassation was filed by the Prosecutor’s Office, procedural expenses shall be borne by the state.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (3) If a petition for review is denied, the reimbursement of procedure expenses may be imposed on the petitioner.

§ 187.  Compensation for procedure expenses under the procedure for resolution of appeals against court orders

 (1) If a court order is annulled in the course of proceedings for the resolution of an appeal against the order, procedure expenses shall be borne by the state.

 (2) If an appeal against a court order is denied, procedural expenses shall be borne by the person in whose interests the appeal against the order was filed. If the appeal against a court order, which was denied, was filed in the interests of a suspect, accused or third person, the person obligated to compensate for the procedural expenses incurred in the course of proceedings dealing with the appeal against the order shall be determined upon making the final decision in the criminal matter on the basis of the provisions of §§ 180-184, 1871 and 188 of this Code.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 1871.  Compensation for procedure expenses under confiscation procedure

 (1) If a confiscation request is granted, the procedure expenses related to the proceedings on the confiscation of property obtained by a criminal offence shall be compensated for by the convicted offender. If a confiscation request is granted in part, the court may decide that a part of the procedure expenses will be borne by the state.

 (2) In the case the confiscation request is denied, procedure expenses shall be compensated for by the state.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

§ 188.  Obligation of minor to compensate for expenses relating to criminal proceedings

  If a minor is required to compensate for expenses relating to criminal proceedings, the body conducting the proceedings may impose the reimbursement of expenses on his or her parent, guardian or child care institution.

Division 3 Determination concerning compensation for expenses relating to criminal proceedings  

§ 189.  Determination concerning compensation for expenses relating to criminal proceedings

 (1) In pre-court proceedings, compensation for expenses relating to criminal proceedings shall be resolved by order of the investigative body or the Prosecutor’s Office.

 (2) In judicial proceedings, compensation for expenses relating to criminal proceedings shall be resolved by a court order or judgment.

 (3) If compensation for expenses relating to criminal proceedings is prescribed by a court judgment, such compensation may be contested separately from the judgment in accordance with Chapter 15 of this Code.

 (4) A request for determining the amount of the fee and the extent of compensation for costs of appointed counsel shall be resolved digitally in the information system of the investigative body, Prosecutor’s Office or court.
[RT I, 21.05.2014, 1 - entry into force 31.05.2014]

 (5) The cases when the body conducting proceedings may resolve the request specified in subsection (4) of this section by means of endorsement on the corresponding paper document shall be established by a regulation of the minister responsible for the area.
[RT I, 21.05.2014, 1 - entry into force 31.05.2014]

 (51) The body conducting proceedings may resolve the payment of compensation for the costs of a victim, witness, interpreter or translator, expert or qualified person by means of endorsement on the corresponding request.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 190.  Content of determination concerning compensation for expenses relating to criminal proceedings

  In the determination concerning compensation for the expenses relating to criminal proceedings, the body conducting the proceedings shall set out:
 1) who shall reimburse the procedure expenses and the share of the procedure expenses to be paid by each payer expressed as an absolute amount or, if this is impossible, as a fraction;
 2) the amount of special costs and the person required to reimburse those costs;
 3) whether and to what extent the request to compensate for damage caused in offence proceedings under the Compensation for Damage Caused in Offence Proceedings Act is to be granted.
[RT I, 20.11.2014, 1 - entry into force 01.05.2015]

§ 191.  Contestation of determination concerning compensation for expenses relating to criminal proceedings

 (1) The Prosecutor’s Office or the participant in proceedings who is required to compensate for the expenses relating to criminal proceedings on the basis of a determination concerning compensation for expenses relating to criminal proceedings may contest the determination in accordance with the provisions of sections 228 or 229 of this Code by an appeal or appeal in cassation or in accordance with Chapter 15 of this Code.

 (2) When considering an appeal filed against a determination concerning compensation for expenses relating to criminal proceedings, the court may, regardless of the content of the appeal, extend the scope of consideration of the appeal to the entire determination.

 (3) When considering an appeal or an appeal in cassation filed against a court judgment, the circuit court or the Supreme Court may make a new determination concerning compensation for expenses relating to criminal proceedings regardless of whether or not the expenses have been contested.

§ 192.  Determining the compensation for expenses

 (1) Compensation for expenses is a sum of money payable by a person on the basis of the determination concerning compensation for expenses relating to criminal proceedings.

 (2) The body conducting proceedings shall determine the amount of the compensation for expenses at the request of a participant in proceedings or of the Prosecutor’s Office on the basis of the determination concerning compensation for expenses relating to criminal proceedings if:
 1) the distribution of procedure expenses in that determination is expressed by means of fractions;
 2) the distribution of expenses in that determination is contradictory;
 3) that determination grants compensation for expenses whose amount was not known at the time of granting.

 (3) The order referred to in subsection (1) of this section may be contested pursuant to the procedure provided for in subsection 191 (1) of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Chapter 8 PRE-COURT PROCEDURE  

Division 1 Commencement and Termination of Criminal Proceedings  

§ 193.  Commencement of criminal proceedings

 (1) The investigative body or the Prosecutor’s Office commences criminal proceedings by the first investigative activity or other procedural act if a reason and grounds for commencement are present and if the circumstances provided in subsection 1 of section 199 of this Code are absent.

 (2) If criminal proceedings are commenced by an investigative body, the body shall immediately notify the Prosecutor’s Office of the commencement of proceedings.

 (3) If criminal proceedings are commenced by the Prosecutor’s Office, the Office shall transmit the materials of the criminal matter in accordance with investigative jurisdiction.

§ 194.  Reason and grounds for criminal proceedings

 (1) The reason for the commencement of criminal proceedings is a report of a criminal offence or other information indicating that a criminal offence has taken place.

 (2) The grounds for criminal proceedings are constituted by ascertainment of criminal elements in the reason for the criminal proceedings.

§ 195.  Report of criminal offence

 (1) A report of a criminal offence shall be submitted to an investigative body or the Prosecutor’s Office orally or in writing.

 (2) A report in which a person is accused of a criminal offence is a complaint of crime.

 (3) An oral report of a criminal offence which is submitted directly on site shall be recorded in a report and a copy of the report shall be submitted to the person who submitted the report of a criminal offence. A report of a criminal offence communicated by telephone shall be recorded in writing or audio recorded.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (4) If the person who submitted a report of a criminal offence is a victim who is a natural person, a written confirmation shall be sent to him or her confirming the receipt of the report of a criminal offence within 20 days as of the receipt thereof and the confirmation may be included in a notice of refusal to commence criminal proceedings or in the summons to a procedural act.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (5) If necessary, language assistance shall be provided to a victim who is the person who submitted a report of a criminal offence. At the request of the victim, the confirmation concerning receipt of a report of a criminal offence shall be issued to him or her in a language which he or she understands.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 196.  Report of violent death

 (1) If there is reason to believe that a person has died as a result of a criminal offence or if an unidentifiable body is found, an investigative body or the Prosecutor’s Office shall be immediately notified thereof.

 (2) If a health care professional conducting an autopsy suspects that the person died as a result of a criminal offence, he or she is required to notify an investigative body or Prosecutor’s Office of such suspicion immediately.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 197.  Other information referring to criminal offence

 (1) If the Prosecutor’s Office or an investigative body receives information released in the press indicating that a criminal offence has taken place, such information may be the reason for the commencement of criminal proceedings.

 (2) If an investigative body or the Prosecutor’s Office, in the performance of the duties thereof, receives information indicating that a criminal offence has taken place, such information may be the reason for the commencement of criminal proceedings.

§ 198.  Response to report of criminal offence

 (1) An investigative body or Prosecutor’s Office shall, within ten days as of receipt of a report of a criminal offence, notify the person who submitted the report of the refusal to commence criminal proceedings in accordance with subsection 199 (1) or (2) of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (11) The term specified in subsection (1) of this section may be extended by ten days if demanding of additional information from the person who submitted the report on a criminal offence is necessary for deciding on commencement of or refusal to commence criminal proceedings. The person who submitted the report on a criminal offence shall be informed of extension of the term for response, and of the reasons for extension.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) If a complaint of crime is submitted, the investigative body or Prosecutor’s Office shall also notify the person concerning whom the complaint was submitted of refusal to commence criminal proceedings, except in the case confidentiality of the fact of notification of a criminal offence is ensured pursuant to law or non-notification is required for prevention of crime.
[RT I, 29.06.2012, 1 - entry into force 01.04.2013]

§ 199.  Circumstances precluding criminal proceedings

 (1) Criminal proceedings shall not be commenced if:
 1) no grounds for criminal proceedings are present;
 2) the limitation period for the criminal offence has expired;
 3) an amnesty precludes imposition of a punishment;
 4) the suspect or accused is dead or the suspect or accused who is a legal person has been dissolved;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 5) a decision or an order on termination of criminal proceedings has entered into force in respect of the person on the same charges on the grounds provided for in § 200 of this Code;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 6) a suspect or accused is terminally ill and is therefore unable to participate in the criminal proceedings or serve a sentence;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 7) these criminal offences are specified in §§ 414, 415, 418 and 4181 of the Penal Code and the person voluntarily surrenders the firearms, explosive devices in illegal possession or the substantial part, ammunition or explosive thereof;
[RT I, 16.04.2013, 1 - entry into force 26.04.2013]
 8) criminal proceedings are concentrated in another state on the basis provided for in §§ 4361-4366 of this Code.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (2) Criminal proceedings shall not be commenced if detention of the suspect is substituted for pursuant to § 219 of this Code.

 (3) Criminal proceedings shall be continued if this is requested for the purposes of rehabilitation by:
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 1) a suspect or accused in the cases provided in clause 2 or 3 of subsection 1 of this section;
 2) the representative of a deceased suspect or accused in the case provided in clause 4 of subsection 1 of this section;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 3) a suspect, accused or his or her representative in the case provided in clause 6 of subsection 1 of this section.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 200.  Termination of criminal proceedings on circumstances being revealed which preclude criminal proceedings

  If circumstances specified in § 199 of this Code which preclude criminal proceedings are revealed in pre-court proceedings, the proceedings shall be terminated on the basis of the corresponding order of the investigative body with the permission of the Prosecutor’s Office, or by order of the Prosecutor’s Office.

§ 2001.  Termination of criminal proceedings on account of impossibility to identify the person who committed the criminal offence

 (1) If, in pre-court proceedings, the person who committed the criminal offence has not been identified and it is impossible to collect additional evidence or the collection thereof is not reasonable, the proceedings shall be terminated on the basis of an order of the investigative body with the permission of the Prosecutor’s Office or by an order of the Prosecutor’s Office. The proceedings may also be terminated partially in respect of a suspect or a criminal offence.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (2) Where the bases prescribed in subsection (1) cease to exist, proceedings shall be resumed pursuant to the procedure prescribed in § 193 of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 201.  Termination of criminal proceedings committed by minors

  [RT I, 05.12.2017, 1 - entry into force 01.01.2018]

 (1) If commencement of criminal proceedings is refused or criminal proceedings are terminated for the reason that the unlawful act was committed by a minor who was incapable of guilt on the grounds of his or her age, the investigative body or Prosecutor’s Office shall explain to the minor or his or her legal representative the nature of the act with the elements of a criminal offence and the grounds for termination of criminal proceedings. The investigative body or Prosecutor’s Office may send a notification and a copy of the materials of the criminal matter in the required scope to the local authority of the place of residence of the minor.

 (2) If the Prosecutor’s Office finds that a person who has committed a criminal offence when at least fourteen but less than eighteen years of age can be influenced without imposition of a punishment or a sanction prescribed in § 87 of the Penal Code, the Prosecutor’s Office may terminate criminal proceedings, caution the person and assign, with the consent of the person, as appropriate, the following obligations:
 1) 10-60 hours of community service;
 2) indemnification and remedy for damage caused by the criminal offence;
 3) social program;
 4) addiction treatment or another treatment;
 5) conciliation service;
 6) other relevant obligations.

 (3) The Prosecutor’s Office shall determine pursuant to subsection (2) of this section a term for compliance with the obligations which shall not be longer than ten months. If the person fails to comply with the obligation imposed on the person during the determined term, the Prosecutor’s Office may resume criminal proceedings by an order.

 (4) Prior to termination of criminal proceedings pursuant to subsection (2) of this section, the nature of the act with the elements of the criminal offence and the grounds for termination of criminal proceedings have to be explained to the minor who committed the criminal offence and his or her legal representative. In the case the criminal proceedings against a minor are terminated pursuant to this section, the prosecutor may send a notification and a copy of the materials of the criminal matter in the required scope to the local authority of the place of residence of the minor.
[RT I, 05.12.2017, 1 - entry into force 01.01.2018]

§ 202.  Termination of criminal proceedings in case of lack of public interest in proceedings and negligible guilt

 (1) If the object of criminal proceedings is a criminal offence in the second degree and the guilt of the person suspected or accused of the offence is negligible, and he or she has remedied or has commenced to remedy the damage caused by the criminal offence or has paid the expenses relating to criminal proceedings, or assumed the obligation to pay such expenses, and there is no public interest in the continuation of the proceedings, the Prosecutor’s Office may request, with the consent of the suspect or accused, that the court terminate the proceedings.

 (2) In the event of termination of criminal proceedings, the court may impose the following obligation on the suspect or accused at the request of the Prosecutor’s Office and with the consent of the suspect or accused within the specified term:
 1) to pay the expenses relating to the proceedings or compensate for the damage caused by the criminal offence;
[RT I 2007, 11, 51 - entry into force 18.02.2007]
 2) to pay a fixed amount into the public revenues or to be used for specific purposes in the interest of the public;
 3) to perform 10-240 hours of community service. The provisions in the second sentence of subsections 69 (2) and (4) and subsection (5) of the Penal Code apply to community service;
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
 4) to undergo the prescribed treatment;
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
 41) not to use narcotic drugs or psychotropic substances or alcohol;
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
 5) to participate in a social programme.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]
 6) to submit to surveillance of compliance with prohibition on consumption of alcohol by an electronic device provided for in subsection 751 (1) of the Penal Code;
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
 7) to comply with other relevant obligations.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

 (3) The term for fulfilment of the obligations listed in clauses (2) 1)-3) and 6) of this section shall not be longer than six months. The term for fulfilment of the obligations specified in clauses (2) 4)-5) of this section shall not be longer than eighteen months.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

 (4) A request of the Prosecutor’s Office shall be resolved by an order of a judge sitting alone. If necessary, the prosecutor and the suspect or accused and, at the request of the suspect or accused, also the counsel shall be summoned to the judge for the resolution of the request of the Prosecutor’s Office.

 (5) If a judge does not consent to the request submitted by the Prosecutor’s Office, he or she shall, by order, return the criminal matter for continuation of proceedings.

 (6) If a person with regard to whom criminal proceedings have been terminated in accordance with subsection (2) of this section fails to perform the obligation imposed on him or her, a court, at the request of the Prosecutor’s Office, shall resume the proceedings by an order. In imposition of a punishment, the part of the obligations performed by the person shall be taken into consideration.
[RT I 2007, 11, 51 - entry into force 18.02.2007]

 (7) If the object of criminal proceedings is a criminal offence in the second degree for which the minimum rate of imprisonment is not prescribed as punishment or only a pecuniary punishment is prescribed as punishment by the Special Part of the Penal Code, the Prosecutor’s Office may terminate the proceedings and impose the obligations on the bases provided for in subsections (1) and (2) of this section. The Prosecutor’s Office may resume terminated criminal proceedings by an order on the bases provided for in subsection (6) of this section.

§ 203.  Termination of criminal proceedings due to lack of proportionality of punishment

 (1) If the object of criminal proceedings is a criminal offence in the second degree, the Prosecutor’s Office may request termination of the proceedings by a court with the consent of the suspect or accused and the victim if:
 1) the punishment to be imposed for the criminal offence would be negligible compared to the punishment which has been or presumably will be imposed on the suspect or accused for the commission of another criminal offence;
 2) imposition of a punishment for the criminal offence cannot be expected during a reasonable period of time and the punishment which has been or presumably will be imposed on the suspect or accused for the commission of another criminal offence is sufficient to achieve the objectives of the punishment and satisfy the public interest in the proceedings.

 (11) If the person suspected or accused of commission of a criminal offence provided for in Division 1 of Chapter 12 of the Penal Code may be influenced not to commit offences in the future by treatment of the addiction disorder or keeping this disorder under control, the prosecutor's office may apply, with the consent of the suspected or accused, for termination of criminal proceedings by the court provided that the person is sent to medical treatment or the disorder is kept under control in any other manner. The court may impose obligations on the suspect or accused in accordance with the provisions of subsections 202 (2) and (3) of this Code.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

 (2) A request of the Prosecutor’s Office shall be resolved by order of a single judge. If necessary, the prosecutor and the suspect or accused and, at the request of the suspect or accused, also the counsel shall be summoned to the judge for resolving the request of the Prosecutor’s Office.

 (3) If a judge does not consent to the request submitted by the Prosecutor’s Office, he or she shall, by order, return the criminal matter for continuation of proceedings.

 (4) If criminal proceedings were terminated taking into consideration a punishment imposed on the suspect or accused for another criminal offence and the punishment is subsequently annulled, the court may, at the request of the Prosecutor’s Office, resume the proceedings by an order.

 (5) If criminal proceedings were terminated taking into consideration a punishment which will presumably be imposed on the suspect or accused for another criminal offence, the court may, at the request of the Prosecutor’s Office, resume the proceedings if the punishment imposed does not meet the criteria specified in clauses (1) 1) and 2) of this section.

 (51) If criminal proceedings were terminated on the conditions provided for in subsection (11) of this section, the court may, by order, resume such proceedings at the request of the Prosecutor's Office if the person fails to perform the obligations imposed on him or her, withdraws his or her consent, or evades the treatment, or if the treatment is discontinued with a doctor’s recommendation.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

 (6) If the object of criminal proceedings is a criminal offence in the second degree for which the minimum rate of imprisonment is not prescribed as punishment or only a pecuniary punishment is prescribed as punishment by the Special Part of the Penal Code, the Prosecutor’s Office may terminate the proceedings on the bases provided for in subsection (1) of this section. The Prosecutor’s Office may resume terminated proceedings by an order on the bases provided for in subsections (4) and (5) of this section.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 2031.  Termination of criminal proceedings on the basis of conciliation

 (1) If facts relating to a criminal offence in the second degree which is the object of criminal proceedings are obvious and there is no public interest in the continuation of the proceedings and the suspect or accused has reconciled with the victim in accordance with the rules provided in section 2032 of this Code, the Prosecutor’s Office may request termination of the criminal proceedings by a court with the consent of the suspect or accused and the victim. Termination of criminal proceedings is not permitted:
 1) in the criminal offences specified in §§ 1331, 1332, 134, 138-139, 141 and 143 and in the criminal offence specified in § 144 of the Penal Code, if the victim is under eighteen years of age;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
 2) in criminal offences committed against a victim who is less than fourteen years of age;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
 3) if the criminal offence resulted in the death of a person;
 4) in crimes against humanity and international security, against the state, criminal official misconduct, crimes dangerous to the public and criminal offences directed against the administration of justice.

 (2) A request of the Prosecutor’s Office shall be resolved by an order of a judge sitting alone. If necessary, the conciliator, the prosecutor, the victim, the suspect or accused and, at the request of the suspect or accused, also the counsel shall be summoned to the judge for the resolution of the request of the Prosecutor’s Office.

 (3) In the case of termination of criminal proceedings, the court shall impose, at the request of the Prosecutor’s Office and with the consent of the suspect or accused, the obligation to pay the expenses relating to the proceedings and to meet some or all of the conditions of the conciliation agreement provided for in subsection 2032 (3) of this Code on the suspect or accused. The term for the performance of the obligation shall not exceed six months. A copy of the order shall be sent to the conciliator.

 (4) If a judge does not consent to the request submitted by the Prosecutor’s Office, he or she shall, by order, return the criminal matter for continuation of proceedings.

 (5) If a person with regard to whom criminal proceedings have been terminated in accordance with subsection (1) of this section fails to perform the obligations imposed on him or her or commits another intentional criminal offence against the same victim within six months after termination of the proceedings, the court, at the request of the Prosecutor’s Office, shall resume the criminal proceedings by its order.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (6) If the object of criminal proceedings is a criminal offence in the second degree for which the minimum rate of imprisonment is not prescribed as punishment or only a pecuniary punishment is prescribed as punishment by the Special Part of the Penal Code, the Prosecutor’s Office may terminate the criminal proceedings and impose the obligations on the bases provided for in subsections (1) and (3) of this section. The Prosecutor’s Office may resume terminated criminal proceedings by an order on the grounds specified in subsection (5) of this section.

 (7) A victim has the right to file an appeal against an order on termination of criminal proceedings made on the basis of this section within ten days as of receipt of a copy of an order on termination of the criminal proceedings pursuant to the procedure provided for in §§ 228-232 or §§ 383-392 of this Code.
[RT I 2007, 11, 51 - entry into force 18.02.2007]

§ 2032.  Conciliation procedure

 (1) The Prosecutor’s Office or the court may, on the bases provided for in subsection 2031 (1) of this Code, direct that the suspect or accused and the victim participate in a conciliation procedure with the objective of concluding an agreement on reconciliation of the suspect or accused with the victim and on remedying of the damage caused by the criminal offence. The consent of the suspect or accused and the victim is necessary for application of conciliation procedure. In the case of a minor or a person suffering from a mental disorder, the consent of his or her parent or another legal representative or guardian is also required.

 (2) The Prosecutor’s Office or court shall send the order on application of conciliation procedure to the conciliator for organisation of conciliation.

 (3) A conciliator shall formalise the conciliation as a written conciliation agreement which shall be signed by the suspect or accused and the victim and the legal representative or guardian of a minor or a person suffering from a mental disorder. A conciliation agreement shall contain the procedure for and conditions of remedying of the damage caused by the criminal offence. A conciliation agreement may contain other conditions.

 (4) A conciliator shall send a report with a description of the course of conciliation to the Prosecutor’s Office. In the case of conciliation, a copy of the conciliation agreement shall be appended to the report.

 (5) After the termination of the criminal proceedings, the conciliator shall verify whether or not the conditions of the conciliation agreement approved as an obligation pursuant to the rules provided in subsection 2031 (3) of this Code are met. A conciliator has the right to request submission of information and documents for confirmation of the performance of the obligation. The conciliator shall notify the Prosecutor’s Office of performance of the obligation failure to perform the obligation.

 (6) A conciliator has the right, in performing his or her duties, to examine the materials of the criminal matter with the permission of and to the extent specified by the court. The conciliator shall maintain the confidentiality of facts which have become known to him or her in connection with conciliation proceedings. A court or the Prosecutor’s Office may summon a conciliator for oral questioning in order to clarify the content of the agreement concluded under conciliation procedure.
[RT I 2007, 11, 51 - entry into force 18.02.2007]

§ 204.  Termination of criminal proceedings concerning criminal offences committed by foreign citizens or in foreign states

 (1) The Prosecutor’s Office may terminate criminal proceedings by an order if:
 1) the criminal offence was committed outside the territorial applicability of this Code;
 2) the criminal offence was committed by a foreign citizen on board a foreign ship or aircraft located in the territory of the Republic of Estonia;
 3) an accomplice to the criminal offence committed the criminal offence in the territory of the Republic of Estonia but the consequences of the criminal offence occurred outside the territorial applicability of this Code;
 4) a decision concerning extradition of the alleged criminal offender to a foreign state has been made.
 5) [repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The Prosecutor’s Office may, by an order, terminate criminal proceedings concerning a criminal offence which was committed in a foreign state but the consequences of which occurred in the territory of the Republic of Estonia if the proceedings may result in serious consequences for the Republic of Estonia or are in conflict with other public interests.

 (3) Termination of criminal proceedings on the basis of the nation’s economic interests, interests in the field of foreign policy or other considerations is not permitted if this would be contrary to an international agreement binding on Estonia.
[RT I 2008, 33, 200 - entry into force 28.07.2008]

§ 205.  Termination of criminal proceedings in connection with assistance received from person upon ascertaining facts relating to subject of proof

 (1) The Office of the Prosecutor General may, by its order, terminate criminal proceedings with regard to a person suspected or accused with his or her consent if the suspect or accused has significantly facilitated the ascertaining of facts relating to a subject of proof of a criminal offence which is important from the point of view of public interest in the proceedings and if, without the assistance, detection of the criminal offence and taking of evidence would have been precluded or especially complicated.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The Office of the Prosecutor General may, by its order, resume proceedings if the suspect or accused has discontinued facilitating the ascertaining of facts relating to a subject of proof of a criminal offence or if he or she has intentionally committed a new criminal offence within three years after termination of the proceedings.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 2051.  Termination of criminal proceedings concerning criminal offences related to competition

 (1) The Office of the Prosecutor General shall, by its order, terminate criminal proceedings with regard to a leniency applicant who complies with the conditions for application of leniency provided for in the Competition Act and who is the first to submit a leniency application which contains information that suggests the commission of the criminal offence defined in section 400 of the Penal Code and makes it possible to commence criminal proceedings. This subsection does not apply if criminal proceedings concerning the criminal offence whose commission is suggested by the information provided by the applicant for leniency have been commenced before submission of the leniency application.

 (2) If criminal proceedings concerning a criminal offence provided for in § 400 of the Penal Code have been commenced before the submission of a leniency application, the Office of the Prosecutor General shall, by its order, terminate criminal proceedings with regard to a leniency applicant who complies with the conditions for application of leniency and who is the first to submit a leniency application together with evidence which, according to the Prosecutor’s Office, contribute significantly to bringing charges. This subsection applies only if subsection (1) of this section is not applicable with regard to any leniency applicant.

 (3) If, pursuant to subsection (1) or (2) of this section, there are no grounds for termination of criminal proceedings with regard to a leniency applicant who complies with the conditions for application of leniency, the punishment imposed on the person for a criminal offence provided for in § 400 of the Penal Code shall be reduced in proportion to the assistance received from the person in criminal proceedings.

 (4) The Prosecutor’s Office, having received a notice from the Competition Authority about leniency application, shall coordinate further activities of the leniency applicant with the investigative body and the leniency applicant. The Prosecutor’s Office may grant the leniency applicant a deadline of one month for submission of evidence. If the investigative body and the Prosecutor’s Office find after the evaluation of the evidence received through the leniency applicant that there are no basis for the application of leniency pursuant to subsection (1), (2) or (3) of this section, the Prosecutor’s Office shall notify the leniency applicant of the rejection of the application.

 (5) If, after an order specified in subsection (1) or (2) of this section is made, circumstances become evident which prevent application of leniency, the Office of the Prosecutor General may, by its order, resume proceedings with regard to the leniency applicant.
[RT I 2010, 8, 34 - entry into force 27.02.2010]

§ 2052.  Termination of criminal proceedings in connection with lapse of reasonable time of proceedings

  If it becomes evident in pre-court proceedings that the criminal matter cannot be resolved within a reasonable time, the Office of the Prosecutor General may terminate the criminal proceedings by an order with the consent of the suspect taking into account the gravity of the criminal offence, complexity and extent of the criminal matter, the hitherto course of criminal proceedings and other circumstances.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 206.  Order on termination of criminal proceedings

 (1) An order on the termination of criminal proceedings shall set out:
 1) the basis for termination of the criminal proceedings pursuant to §§ 200-2052 of this Code;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
 2) annulment of the preventive measure applied or other means of securing criminal proceedings;
[RT I 2006, 63, 466 - entry into force 01.02.2007]
 3) how to proceed with the physical evidence or objects taken over or subject to confiscation;
[RT I 2007, 2, 7 - entry into force 01.02.2007]
 31) deletion of the information collected in the criminal matter from the state register of fingerprints and the state DNA register upon termination of criminal proceedings on the basis of § 200 of this Code;
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
 4) the explanation specified in subsection 14 (1) of the Compensation for Damage Caused in Offence Proceedings Act of the procedure for application for compensation for damage if the person acquires the right to demand compensation for damage according to § 5 or 6 of the Compensation for Damage Caused in Offence Proceedings Act;
[RT I, 20.11.2014, 1 - entry into force 01.05.2015]
 5) a determination concerning compensation for the expenses relating to the criminal proceedings;
 6) the procedure for appeal against the order on termination of the criminal proceedings.

 (11) Upon termination of criminal proceedings, the reasons listed in clause 145 (3) 1) of this Code need not be stated in the order. A simplified order shall set out the right of the victim to submit a request to a body conducting proceedings within ten days as of receipt of the order for receipt of a reasoned order. The body conducting the proceedings prepares a reasoned order within fifteen days as of receipt of the request.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A copy of an order on termination of criminal proceedings shall be sent without delay to:
 1) the person who reported the criminal offence;
 2) the suspect or accused and the counsel thereof;
 3) the victim or the representative thereof;
 4) the civil defendant or the representative thereof;
 5) a third person or the representative thereof.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (21) If any information was collected in the criminal matter which shall be deleted from the state register of fingerprints or the state DNA register, a body conducting proceedings shall notify the Estonian Forensic Science Institute of termination of the criminal proceedings in a format which can be reproduced in writing.
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]

 (3) A victim has the right to examine the criminal file within ten days as of receipt of a copy of the order on termination of the criminal proceedings.

 (4) A copy of an order on termination of criminal proceedings may be sent, by way of subordination, to a relevant agency which is to decide on the commencement of a misdemeanour or disciplinary proceedings.

 (5) An order on termination of criminal proceedings on the basis of § 202 or 203 of this Code shall be published pursuant to the procedure provided for in § 4081 of this Code and the names and personal data of the suspect shall be replaced with initials or characters.
[RT I 2008, 32, 198 - entry into force 01.01.2010]

§ 207.  Contestation of refusal to commence or of termination of criminal proceedings before the Office of Prosecutor General

 (1) A victim may file an appeal with the Prosecutor’s Office on the bases provided for in subsection 199 (1) or (2) of this Code against refusal to commence criminal proceedings.

 (2) A victim may file an appeal with the Office of the Prosecutor General against termination of criminal proceedings or denial of an appeal provided for in subsection (1) of this section by the Prosecutor’s Office.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) An appeal specified in subsection (1) or (2) of this section may be filed within ten days as of receipt of a notice on refusal to commence criminal proceedings, a copy of the order prepared by the Prosecutor’s Office to resolve the appeal or a copy of the reasoned order on termination of the criminal proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) The Prosecutor’s Office shall resolve an appeal specified in subsection (1) of this section within fifteen days as of receipt of the appeal. The Office of the Prosecutor General shall resolve an appeal specified in subsection (2) of this section within one month as of receipt of the appeal.

 (5) The Prosecutor’s Office or the Office of the Prosecutor General shall prepare a reasoned order on denial of an appeal and shall send a copy of the order to the appellant.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 208.  Contestation of refusal to commence or of termination of criminal proceedings in circuit court

 (1) If an appeal or request specified in subsections 207 (1) or (2) of this Code for termination of criminal proceedings on the grounds specified in § 2052 of this Code is denied by an order of the Office of the Prosecutor General, the person who submitted the appeal or request may contest the order in a circuit court through an advocate within one month as of receipt of a copy of the order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) An appeal filed with a circuit court shall set out:
 1) the facts relating to the criminal offence;
 2) the legal assessment of the criminal offence;
 3) the evidence collected in support of the suspicion of criminal offence;
 4) in the case of termination of criminal proceedings or of refusal to terminate proceedings on the basis of § 2052 of this Code, a short description or the hitherto course of proceedings;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 5) the procedural acts whose performance, according to the appellant, was refused unfoundedly or the reasons why the appellant finds that his or her right to proceedings within a reasonable period of time has been violated.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) A circuit court shall prepare judicial hearing of an appeal specified in subsection (2) of this section pursuant to the provisions of § 326 of this Code, taking into account the specifications provided for in this section.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

 (4) An appeal specified in subsection (2) of this section shall be resolved by a circuit court judge sitting alone within ten days as of receipt of the appeal. Before making a decision, the judge has the right to:
 1) demand that the materials of the criminal file be submitted;
 2) issue orders to the Office of the Prosecutor General to perform additional procedural acts.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

 (5) If a judge finds that commencement or continuation of criminal proceedings is unfounded, he or she shall make an order which shall set out:
 1) the reasons for denying the appeal;
 2) an order requiring payment of the procedure expenses by the appellant.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

 (6) If a judge concludes that commencement or continuation of the criminal proceedings is justified, he or she shall annul the order of the Office of the Prosecutor General and require the Office of the Prosecutor General to commence or continue criminal proceedings.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

 (7) If a judge finds that the right of a suspect to proceedings within a reasonable period of time is violated, he or she shall annul the order of the Office of the Prosecutor General and terminate criminal proceedings. The judge shall terminate the criminal proceedings in compliance with the requirements of § 206 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (8) The opinions set out concerning the interpretation and application of a provision of law in the decision of the circuit court which annuls the order of the Office of the Prosecutor General are mandatory for the Prosecutor’s Office in the corresponding criminal proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (9) In the case specified in subsection (5) of this section, the court may amend the order on termination of criminal proceedings by its own order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 209.  Archiving of criminal file

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) If criminal proceedings are terminated on the bases provided for in §§ 200-2052 of this Code, the criminal file shall be archived.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (11) In criminal matters submitted to the court pursuant to the general procedure, the criminal file shall be archived upon entry into force of a decision.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The procedure for archiving criminal files and the terms for preservation of the files shall be established by a regulation of the Government of the Republic.

§ 210.  E-File processing information system

 (1) The E-File processing information system (hereinafter E-File system) is a database belonging to the State Information Systems maintained for the processing of procedural information and personal data the objective of which is to:
 1) provide an overview of criminal matters in which proceedings are conducted by investigative bodies, Prosecutors’ Offices or courts as well as criminal proceedings which were not commenced;
 2) reflect information concerning acts performed in the course of criminal proceedings;
 3) enable organisation of the activities of the bodies conducting proceedings;
 4) collect statistics related to crime which are necessary for making of the decisions concerning criminal policy;
 5) enable electronic forwarding of data and documents.

 (2) The following information shall be entered in the database:
 1) information concerning criminal matters in which proceedings are pending, criminal matters not commenced and terminated criminal matters;
 2) information concerning acts performed in the course of criminal proceedings;
 3) digital documents in the cases provided by this Code;
 4) information concerning the bodies conducting proceedings, participants in the proceedings, convicted offenders, experts and witnesses;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 5) the decisions.

 (3) The E-File system shall be established and the statutes of the register shall be approved by the Government of the Republic.

 (4) The chief processor of the E-File system is the Ministry of Justice. The authorised processor of the E-File system is the person appointed by the minister responsible for the area.

 (5) The minister responsible for the area may issue regulations for organisation of the activities of the E-File system.

 (6) On the basis of the data in the E-File system, the Ministry of Justice shall publish, by 1 March each year, a report on crime during the previous year.

 (7) Crime statistics shall be published by the Ministry of Justice.

 (8) The Government of the Republic shall establish rules for the publication of crime statistics.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

Division 2 General Conditions for Pre-Court Proceedings  

§ 211.  Purpose of pre-court proceedings

 (1) The purpose of pre-court proceedings is to collect evidentiary information and create other conditions necessary for judicial proceedings.

 (2) In pre-court proceedings, an investigative body and the Prosecutor’s Office shall ascertain the facts vindicating or accusing the suspect or accused.

§ 212.  Investigative jurisdiction

 (1) Pre-court proceedings shall be conducted by a Police and Border Guard Board and the Security Police Board, unless otherwise provided for in subsection (2) of this section.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

 (2) In addition to the investigative bodies specified in subsection (1) of this section, pre-court proceedings are conducted by:
 1) [repealed - RT I 2009, 27, 165 - entry into force 01.01.2010]
 2) the Tax and Customs Board in the case of tax and customs crimes, criminal offences relating to conveyance of narcotic drugs and psychotropic substances across the border and acts specified in § 4211 of the Penal Code, except in the case where the object of the criminal offence was a radioactive substance, explosive substance or ammunition in a quantity which exceeds the limits provided for in subsection 46 (5) of the Weapons Act, or firearms not in full compliance with the technical requirements for rendering of weapons incapable of firing, and in the case of the acts specified in § 4212 of the Penal Code, if the object thereof was goods used to commit human rights violations and services related thereto;
[RT I, 16.06.2017, 1 - entry into force 01.07.2017]
 3) the Military Police in the case of criminal offences relating to service in the Defence Forces and war crimes;
[RT I 2008, 35, 212 - entry into force 01.01.2009]
 4) [repealed - RT I 2003, 88, 590 - entry into force 01.07.2004]
 5) the Competition Board in the case of criminal offences relating to competition;
 6) the Prisons Department of the Ministry of Justice and prisons in the case of criminal offences committed in prisons and criminal offences committed by imprisoned persons;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 7) the Environmental Inspectorate in the case of criminal offences relating to violation of the requirements for the protection and use of the environment and the natural resources.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) The division of investigative jurisdiction between the Police and Border Guard Board and the Security Police Board shall be established by a regulation of the Government of the Republic.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

 (5) For reasons of expediency, the Prosecutor’s Office may alter the investigative jurisdiction provided for in subsections (1) or (2) of this section by an order in a particular criminal matter.
[RT I 2009, 27, 165 - entry into force 01.01.2010]

§ 213.  Prosecutor’s Office in pre-court proceedings

 (1) The Prosecutors’ Office shall direct pre-court proceedings and ensure the legality and efficiency thereof and is competent to:
 1) perform procedural acts, if necessary;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 2) be present at the performance of procedural acts and intervene in the course thereof;
 3) terminate criminal proceedings;
 4) demand that the materials of a criminal file and other materials be submitted for examination and verification;
 5) issue orders to investigative bodies;
 6) annul and amend orders of investigative bodies;
 7) remove an official of an investigative body from criminal proceedings;
 8) alter the investigative jurisdiction over a criminal matter;
 9) declare pre-court proceedings completed;
 10) demand that an official of an investigative body submit oral or written explanations concerning circumstances related to proceedings;
 11) assign the head of the probation supervision department with the duty to appoint a probation officer;
 12) perform other duties arising from this Code in pre-court proceedings.

 (2) When exercising the rights specified in clauses (1) 1) and 2) of this section, the Prosecutor’s Office has the rights of an investigative body.

 (3) If the Prosecutor’s Office finds elements of a disciplinary offence in the conduct of an official of an investigative body in pre-court proceedings, the Prosecutor’s Office shall submit a written proposal to the person entitled to impose disciplinary penalties that disciplinary proceedings be commenced against the official of the investigative body. The person entitled to impose disciplinary penalties is required to notify the results of resolution of the proposal to the Prosecutor’s Office in writing stating the reasons for the resolution within one month as of the receipt of the proposal.

 (4) In the case of a suspect who is a minor or a person who is suspected of commission of a sexual offence or a person who is suspected of repeatedly driving a motor vehicle in the state of alcohol intoxication, the prosecutor’s office shall assign the duty to appoint a probation officer to the head of the probation supervision department, except in the case this may hinder the application of expedited procedure.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

 (41) Upon application of the electronic surveillance provided for in § 751 of the Penal Code, except for electronic monitoring of compliance with the prohibition on consumption of alcohol, the Prosecutor’s Office is obliged to assign a task to a probation supervision department of the residence of the suspect or accused to submit an opinion about the possibility of application of electronic surveillance in the place of residence of the suspect or accused.
[RT I, 07.07.2017, 1 - entry into force 01.11.2017]

 (5) The Prosecutor General may give general instructions for Prosecutors’ Offices and investigative bodies in order to ensure the legality and efficacy of pre-court proceedings. Instructions for an investigative body shall be approved by the head of the investigative body at which the instructions are directed.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (6) A higher ranking prosecutor may demand that a prosecutor submit oral or written explanations concerning circumstances related to proceedings and may, by order, revoke an unlawful or unfounded order, direction or demand of the prosecutor. The positions set out in the order of the higher ranking prosecutor on the interpretation and application of a provision of law are mandatory for the Prosecutor’s Office in the criminal proceedings concerned.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (7) If an investigative body finds that compliance with an order issued by the Prosecutor’s Office is inexpedient due to lack of funds or for another good reason, the head of the investigative body shall inform the Prosecutor General who decides on compliance with the order thereof and shall notify the minister responsible for the area thereof.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 214.  Conditions for disclosure of information concerning pre-court proceedings

 (1) Information concerning pre-court proceedings shall be disclosed only with the permission of and to the extent specified by the Prosecutor’s Office and under the conditions provided for in subsection (2) of this section.

 (2) Disclosure of information concerning pre-court proceedings is permitted in the interests of criminal proceedings, of the public or of the data subject provided this does not unduly:
 1) induce crime or prejudice the detection of a criminal offence;
 2) prejudice the interests of the Republic of Estonia or the criminal matter;
 3) endanger a business secret or prejudice the activities of a legal person;
[RT I 2007, 12, 66 - entry into force 25.02.2007]
 4) violate the rights of the data subject or third parties, particularly in the case of disclosure of personal data of specific categories.
[RT I, 13.03.2019, 2 - entry into force 15.03.2019]

 (3) In the event of violation of the prohibition on disclosure of information concerning pre-court proceedings, a preliminary investigation judge may impose a fine on the basis of a court order on participants in proceedings, other persons subject to the criminal proceedings or persons not subject to the proceedings. The suspect and accused shall not be fined.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 215.  Obligation to comply with orders and demands of investigative bodies and Prosecutor’s Office

 (1) The orders and demands issued by investigative bodies and the Prosecutor’s Office in the criminal proceedings conducted by them are binding on everyone and shall be complied with throughout the territory of the Republic of Estonia. The orders and demands issued by investigative bodies and the Prosecutor’s Office are binding on the members of Defence Forces engaged in missions abroad, if the object of criminal proceedings is an act of a person serving in the Defence Forces. Costs incurred for compliance with a demand or order shall not be compensated for.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2) An investigative body conducting criminal proceedings has the right to submit written requests to other investigative bodies for the performance of specific procedural acts and for other assistance. Such requests of investigative bodies shall be complied with immediately.

 (3) A preliminary investigation judge may impose a fine on a participant in proceedings, other persons participating in criminal proceedings or persons not participating in the proceedings who have failed to perform an obligation provided for in subsection (1) of this section by a court order at the request of the Prosecutor’s Office. The suspect and accused shall not be fined.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 216.  Joinder and severance of criminal matters

 (1) Several criminal matters may be joined for joint proceedings if persons are suspected or accused of committing a criminal offence together.

 (2) A criminal matter may be severed, concerning a suspect or accused, from criminal matters in which persons are suspected or accused of committing a criminal offence together, or joining of such criminal matter may be refused, if:
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
 1) the location of a person is unknown or he or she evades criminal proceedings or he or she serves a custodial sentence abroad or other circumstances exist why he or she cannot be subjected to procedural acts within a reasonable period of time;
 2) the person is a citizen of or stays in a foreign state;
 3) the person requests, after the completion of pre-court proceedings, resolution of the criminal matter under alternative procedure or settlement procedure and application of alternative procedure or settlement procedure is impossible due to circumstances respectively referred to in clause 233 (2) 2) or clause 239 (2) 3).

 (3) Several criminal matters may be joined for joint proceedings if persons are suspected or accused of:
 1) commission of several criminal offences;
 2) concealment of a criminal offence without prior authorisation or of failure to report a criminal offence.

 (4) A criminal matter regarding one or more criminal offences may be severed from the original criminal matter, if this is necessary to avoid the expiry of the limitation period for a criminal offence or to ensure reasonable time of proceedings.

 (5) If a minor is suspected or accused of committing a criminal offence together with an adult, the criminal matter of the minor may be severed in the interests of the minor for separate criminal proceedings regardless of the existence of the conditions for severance specified in this section.

 (6) Criminal matters shall be joined and severed by an order of an investigative body or Prosecutor’s Office or by a court order. A copy of an order on the severance of a criminal matter shall be included in the new file.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Division 3 Detention of suspect  

§ 217.  Detention of suspect

 (1) Detention of a suspect is a procedural act whereby a person is deprived of liberty for up to 48 hours. A report shall be prepared on a detention.

 (2) A person shall be detained as a suspect if:
 1) he or she is apprehended in the act of committing a criminal offence or immediately thereafter;
 2) an eyewitness to a criminal offence or a victim indicates such person as the person who committed the criminal offence;
 3) the evidentiary traces of a criminal offence indicate that he or she is the person who committed the criminal offence.

 (3) A suspect may be detained on the basis of other information referring to a criminal offence if:
 1) he or she attempts to escape;
 2) he or she has not been identified;
 3) he or she may continue to commit criminal offences;
 4) he or she may evade or otherwise hinder criminal proceedings.

 (4) A person who is apprehended in the act of committing a criminal offence or immediately thereafter in an attempt to escape may be taken to the police by anyone for detention as a suspect.

 (5) An advocate may be detained as a suspect under the circumstances relating to his or her professional activities only at the request of the Prosecutor’s Office and on the basis of an order of a preliminary investigation judge or on the basis of a court order.

 (6) Section 377 of this Code applies to the detention of the President of the Republic, a member of the Government of the Republic, a member of the Riigikogu, the Auditor General, the Chancellor of Justice, or the Chief Justice or a justice of the Supreme Court as a suspect.

 (7) An official of an investigative body shall explain the rights and obligations of a person detained as a suspect to the person and shall interrogate the suspect immediately pursuant to the procedure provided for in § 75 of this Code.

 (8) If the Prosecutor’s Office is convinced of the need to take a person into custody, the Prosecutor’s Office shall prepare an application for an arrest warrant and, within forty-eight hours as of the detention of the person as a suspect, organise the transport of the detained person before a preliminary investigation judge for resolution of the application.

 (9) If the basis for the detention of a suspect ceases to exist in pre-court proceedings, the suspect shall be released immediately.

 (10) A person detained as a suspect is given an opportunity to notify at least one person close to him or her at his or her choice of his or her detention through a body conducting proceedings. If the person detained is a minor, his or her legal representative shall be immediately notified of the detention, except in the case this is not in the interests of the minor. In the case of the latter, a local government authority must be notified. If the notification prejudices criminal proceedings, the opportunity to notify or notification of detention of a minor may be refused with the permission of the Prosecutor’s Office.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 2171.  Stopping of vehicles

  For the purpose of detention of a suspect or accused, a stop signal may be given to drivers and vehicles may be forced to stop in compliance with the procedure provided for in § 45 of the Law Enforcement Act.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 2172.  Use of direct coercion

  Direct coercion may be applied upon performance of procedural acts and acts securing criminal proceedings pursuant to the procedure provided in the Law Enforcement Act and other Acts.
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 218.  Report on detention of suspect

 (1) A report on the detention of a suspect shall set out:
 1) the basis for the detention and a reference to subsection 217 (2) and (3) of this Code;
 2) the date and time of the detention;
 3) the facts relating to the criminal offence of which the person is suspected and the legal assessment of the criminal offence pursuant to the relevant section, subsection and clause of the Penal Code;
[RT I 2006, 15, 118 - entry into force 14.04.2006]
 4) explanation of the rights and obligations provided for in § 34 of this Code to the suspect;
 5) the names and characteristics of the objects confiscated from the suspect upon detention;
 6) a description of the clothing and bodily injuries of the detained person;
 7) the petitions and requests of the detained person;
 8) in the case the detained person is released, the grounds, date and time of release.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) The Prosecutor’s Office is immediately informed of the detention of a suspect.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 219.  Substitution of detention of suspect

 (1) If a person has committed a criminal offence in the second degree for which a pecuniary punishment may be imposed and the person does not have a permanent or temporary place of residence in Estonia, an investigative body may, with the consent of the person, substitute the detention of the person as a suspect by a payment covering the procedure expenses, the potential pecuniary punishment and the damage caused by the criminal offence into the public revenues.

 (2) A statement, a copy of which is sent to the Prosecutor’s Office, shall be prepared on the substitution of the detention of a suspect and on the receipt of a payment into the public revenues.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Division 4 Completion of Pre-Court Proceedings  

§ 220.  Demand to submit information necessary for calculating average daily income

 (1) Before the completion of pre-court proceedings, an investigative body shall demand that the Tax and Customs Board or, if necessary, an employer or another person or agency submit information necessary for calculating the average daily income of a suspect or accused.

 (2) If necessary, Prosecutors’ Offices and courts may demand submission of additional information necessary for calculating average daily income.

 (3) A person or agency from whom a body conducting proceedings demands information necessary for calculation of average daily income shall respond to the inquiry within seven days as of the receipt thereof.

 (4) A suspect or accused has the right to submit information concerning his or her income and debts to the body conducting the proceedings.
[RT I 2003, 88, 590 - entry into force 01.07.2004]

§ 221.  Demand to submit information necessary for imposing fines to extent of assets and for confiscation of property which was obtained by criminal offence

 (1) If a person is suspected or accused of a criminal offence for which a fine to the extent of the assets of the person may be imposed pursuant to law or confiscation may be applied on the basis of § 832 of the Penal Code, an investigative body may assign the collecting of the necessary data by an order to a bailiff.

 (2) If necessary, Prosecutors’ Offices and courts may demand submission of additional information necessary for calculation of the amount of a fine to the extent of the assets of a person or relating to confiscation.

 (3) A bailiff shall ascertain the assets of a suspect, accused or third party and assess the value thereof. Within thirty days as of the receipt of the order, the bailiff shall prepare a statement concerning the financial situation of the person and shall submit the statement together with the evidence on the basis of which the statement was prepared to the body conducting the proceedings.

 (4) A suspect, accused or third party has the right to submit information concerning his or her income and debts to the body conducting the proceedings.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

§ 2211.  Demand to submit information for administration of addiction treatment of drug addicts and complex treatment of sex offenders

 (1) If a person is a suspect or accused in a criminal offence for which imprisonment may be imposed pursuant to law and the imprisonment may be replaced by addiction treatment of drug addicts or replaced in part by complex treatment of sex offenders, an investigative body and the Prosecutor’s Office may request, by an examination order, the opinion of a forensic psychiatric expert or forensic sexology expert on the need for the administration of addiction treatment or complex treatment to the suspect or accused.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) If necessary, a court may demand the submission of additional information required for administration of addiction treatment to drug addicts or complex treatment to sex offenders. If it is necessary based on such information or opinion received from a forensic psychiatric expert or forensic sexology expert, the body conducting the proceedings may request conduct of a forensic medical examination.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (3) A forensic psychiatric expert or forensic sexology expert shall ascertain the state of health of a suspect or accused and prepare an expert's report on it. The expert's report shall be submitted to a body conducting proceedings within thirty days as of the receipt of an order.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (4) An investigative body and Prosecutor’s Office may contact the probation supervision department of the prison of the residence of a suspect or accused with the request to provide an opinion on the possibility of administration of addiction treatment to drug addicts or complex treatment of sex offenders based on the person of the suspect or accused, his or her living conditions and economic situation.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (5) A probation officer shall prepare an opinion within thirty days as of receipt of the request. To present an opinion, the probation officer has the right to examine the expert's report specified in subsection (3) of this section.

 (6) A suspect and accused has the right to obtain information on his or her mental disorder, methods of treatment and diagnosis being used, and the organisation of addiction treatment of drug addicts or complex treatment of sex offenders, and to access his or her medical file.
[RT I, 15.06.2012, 2 - entry into force 01.06.2013]

§ 222.  Acts performed by investigative body upon completion of pre-court proceedings

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) If an official of an investigative body is convinced that the evidentiary materials necessary in a criminal matter have been collected, he or she shall immediately send the criminal file which materials have been systematised and the pages thereof numbered, to the Prosecutor’s Office together with the physical evidence, recordings and a sealed envelope containing the personal data of anonymous witnesses. On the order of the Prosecutor’s Office, he or she shall submit a summary to a court of the pre-court proceedings which complies with the requirements of § 153 of this Code. The summary of the criminal proceedings shall be also sent to the Prosecutor’s Office by electronic means together with the criminal file on paper.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) If there are several suspects in the criminal matter, a joint summary of the pre-court proceedings shall be prepared setting out the personal data of each suspect separately.

 (3) A statement concerning the expenses relating of the criminal proceedings shall be included in the criminal file sent to the Prosecutor’s Office.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 223.  Acts performed by Prosecutor’s Office upon receipt of criminal files

 (1) The Prosecutor’s Office which receives a criminal file shall declare the pre-court proceedings completed, require the investigative body to perform additional acts or terminate criminal proceedings on the bases and pursuant to the procedure provided for in §§ 200-2052 of this Code.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2) If necessary, the Prosecutor’s Office which receives a criminal file shall perform additional acts after the receipt of the file. The Prosecutor’s Office has the right to eliminate materials insignificant from the point of view of the criminal matter from the criminal file and, if necessary, re-systematise the criminal file.

 (3) If the Prosecutor’s Office declares pre-court proceedings completed, the Prosecutor’s Office shall submit the criminal file for examination pursuant to § 224 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) If necessary, the Prosecutor’s Office shall perform the acts provided for in §§ 240 and 2441 of this Code for the application of settlement procedure.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 224.  Submission of criminal file to suspect, criminal defence counsel, victim and civil defendant for examination

  [RT I, 28.12.2016, 14 - entry into force 01.04.2017]

 (1) The Prosecutor’s Office shall submit a copy of a criminal file to a criminal defence counsel on electronic data media or, based on a reasoned written request of the counsel, on paper. The counsel may waive the copy of the file. The counsel shall sign to confirm receipt of the copy or waiver thereof.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (11) Where participation of a counsel is not mandatory in presentation of a criminal file pursuant to subsection 45 (3) of this Code, the suspect shall be presented the file at the request of the suspect in the manner chosen by the prosecutor.
[RT I, 28.12.2016, 14 - entry into force 01.04.2017]

 (2) The Prosecutor’s Office shall submit a criminal file to a victim or civil defendant for examination at the request thereof.

 (3) A recording made in criminal proceedings or physical evidence shall be submitted to the counsel, victim or civil defendant or the suspect specified in subsection (11) of this section for examination at their request.
[RT I, 28.12.2016, 14 - entry into force 01.04.2017]

 (4) If examination of a criminal file, recording or physical evidence is manifestly delayed, the Prosecutor’s Office shall set a term for the examination.

 (5) A victim and civil defendant have the right to make excerpts from the materials of the criminal file and request that copies be made of the materials of the criminal file by the Prosecutor’s Office for a charge.

 (6) A notation shall be made in a criminal file concerning examination of the criminal file, a recording made in the criminal matter or physical evidence by the suspect, counsel, victim or civil defendant.
[RT I, 28.12.2016, 14 - entry into force 01.04.2017]

 (7) At the request of a counsel, media containing a state secret or classified information of a foreign state which are used as evidence in a criminal matter and which are not added to the criminal file shall be submitted to him or her for examination pursuant to the procedure provided for in the State Secrets and Classified Information of Foreign States Act. A notation shall be made in a criminal file concerning examination of the media containing a state secret or classified information of a foreign state.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

 (8) At the request of a counsel or suspect in the case specified in subsection (11) of this section, the material eliminated pursuant to subsection 223 (2) of this Code shall be submitted to him or her for examination and he or she shall be allowed to make copies thereof for a fee.
[RT I, 28.12.2016, 14 - entry into force 01.04.2017]

 (9) A state fee shall be paid for the copies specified in subsections (5) and (8) of this section in the amount provided for in subsection 61 (1) of the State Fees Act.
[RT I, 30.12.2014, 1 - entry into force 01.01.2015]

 (10) The Prosecutor’s Office shall decide upon submission of a file and materials eliminated therefrom to a counsel or suspect in the case specified in subsection (11) of this section whether and to what extent he or she is permitted to make additional copies of the file or materials submitted, taking into account the need to protect personal data. The Prosecutor’s Office shall indicate the prohibition to make copies on the documents or files on the copy thereof submitted to the counsel or suspect.
[RT I, 28.12.2016, 14 - entry into force 01.04.2017]

§ 2241.  Submission of file to suspect or accused

 (1) A counsel shall submit the materials specified in § 224 of this Code to a suspect or accused at the request of thereof. Materials in the case of which the Prosecutor’s Office has prohibited the making of copies shall be presented by the counsel only in his or her office premises or custodial institutions.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2) A counsel is prohibited to hand the copies of the materials specified in § 224 of this Code to other persons, with the exception of a suspect or accused in the case and to the extent permitted in subsection 224 (10) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 225.  Submission and resolution of requests

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) Participants in proceedings may submit requests to the Prosecutor’s Office within ten days as of the date of submission of the criminal file to the participants for examination. If a criminal matter is especially extensive or complicated, the Prosecutor’s Office may extend this term at a written request of a participant in the proceedings. Refusal to extend the term shall be formalised by an order of the Prosecutor’s Office. Submission of an application for making a written translation of the materials of a criminal file shall not suspend the preparation of a statement of charges or sending thereof to a court.
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]

 (11) The Prosecutor’s Office shall return a civil action or proof of claim in public law filed after the expiry of the term provided for in subsection (1) of this section by an order and explain to the victim the right of the victim to file an action pursuant to civil procedure.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (2) The Prosecutor’s Office shall consider a request within ten days as of the receipt of the request.

 (3) Denial of the request shall be formalised by an order a copy of which shall be sent to the person who submitted the request. The fact that the request specified in subsection (1) of this section was denied in pre-court proceedings shall not prevent re-submission of the request in judicial proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) The materials of a criminal matter which are collected by additional acts shall be submitted for examination pursuant to § 224 of this Code.

 (5) A request of a suspect or accused for application of alternative procedure shall be considered pursuant to § 234 of this Code. No order shall be drawn up concerning consideration of the request for application of alternative procedure. Refusal of the Prosecutor’s Office to apply alternative procedure cannot be appealed.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 226.  Preparation of statement of charges and sending statement of charges to court

 (1) If the Prosecutor’s Office has submitted a criminal file for examination and is thereafter convinced that the necessary evidence in the criminal matter has been taken, the Prosecutor’s Office shall prepare the statement of charges pursuant to § 154 of this Code.

 (2) A list of the persons to be summoned to a court session at the request of the Prosecutor’s Office shall be appended to a statement of charges. The list shall contain the given names, surnames of the persons to be summoned and places of residence or seat of the victim, civil defendant, third party and their representatives, the criminal defence counsel and the accused. In the case of an anonymous witness, his or her fictitious name shall be indicated in the list. An extract of the list shall contain only the given names and surnames of the persons to be summoned.
[RT I 2008, 32, 198 - entry into force 01.01.2009]

 (3) The Prosecutor’s Office shall send extracts of a statement of charges and of a list provided for in subsection (2) of this section to the accused and the counsel and the statement of charges to the court. The statement of charges shall be also sent to the court by electronic means.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (4) [Repealed - RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (5) If a statement of charges is sent to a court, an envelope specified in subsection 67 (4) of this Code shall remain in the Prosecutor’s Office. The envelope shall be submitted to the court at the request thereof.

 (6) If taking into custody is applied as a preventive measure in a criminal matter and the prosecutor deems it necessary to continue the application of the preventive measure, the Prosecutor’s Office shall perform the acts specified in subsection (3) of this section not later than fifteen days before the end of the term provided for in subsection 130 (3) or (31) of this Code.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

 (7) If a civil action or a proof of claim in public law was filed in pre-court procedure, the Prosecutor’s Office shall send it to a court together with the statement of charges. The Prosecutor’s Office shall send a copy of the civil action or a proof of claim in public law to the accused, the counsel thereof and the civil defendant. No evidence shall be appended to a civil action or proof of claim in public law in a criminal matter sent to a court pursuant to the general procedure.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 227.  Acts performed by counsel upon completion of pre-court proceedings

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) After receipt of a copy of a statement of charges, a counsel shall submit his or her statement of defence to a court and a copy thereof to the Prosecutor’s Office not later than three working days before the preliminary hearing. In the case of particular complexity or extent of a criminal matter, the court by extend the specified term at a reasoned request of the counsel.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) [Repealed - RT I 2008, 32, 198 - entry into force 15.07.2008]

 (3) A statement of defence shall set out:
 1) the opinions of the defence concerning the charges and the damage set out in the statement of charges, and which statements and opinions set out in the statement of charges are contested and which admitted;
 2) the evidence which the counsel wishes to submit to the court and a reference to the facts which are intended to be proven with each piece of evidence;

 (3) a list of the persons to be summoned to a court session at the request of the counsel;
 4) other requests of the counsel.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) The standard format of a statement of defence shall be established by a regulation of the minister responsible for the area.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) If a counsel fails to submit a statement of defence by the term prescribed in this section, the court shall notify the leadership of the Estonian Bar Association immediately thereof and propose to the accused to select a new counsel by the date determined by the court, or appoint a substitute counsel to the accused, and require the Estonian Bar Association to appoint a counsel pursuant to subsection 441 (1) of this Code.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

Division 5 Appeal against activities of investigative body or Prosecutor’s Office  

§ 228.  Appeal against activities of investigative body or Prosecutor’s Office

 (1) Before a statement of charges is prepared, a participant in proceedings or a person not subject to the proceedings has the right to file an appeal with the Prosecutor’s Office against a procedural act or order of the investigative body if he or she finds that violation of the procedural requirements in the performance of the procedural act or preparation of the order has resulted in the violation of his or her rights.

 (2) Before preparation of a statement of charges, a person specified in subsection (1) of this section has the right to file an appeal with the Office of the Prosecutor General against an order or procedural act of the Prosecutor’s Office.

 (3) An appeal specified in subsection (1) or (2) of this section shall be filed directly with the body who is to resolve the appeal or through the person whose order or procedural act is contested.

 (4) An appeal shall set out:
 1) the name of the Prosecutor’s Office with which the appeal is filed;
 2) the given name and surname, status in proceedings, residence or seat and address of the appellant;
 3) the order or procedural act contested, the date of the order or procedural act, and the name of the person with regard to whom the order or procedural act is contested;
 4) which part of the order or procedural act is contested;
 5) the content of and reasons for the requests submitted in the appeal;
 6) a list of the documents appended to the appeal.

 (5) An appeal filed against the activities of an investigative body or Prosecutor’s Office shall not suspend the execution of the contested order or performance of the procedural act.

 (6) If the Prosecutor’s Office receives an appeal specified in subsections (1) and (2) of this section after the statement of charges have been sent to a court according to subsection 226 (3) of this Code, the appeal shall be communicated to the court which hears the criminal matter.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 229.  Resolution of appeals by Prosecutor’s Office or Office of Prosecutor General

 (1) An appeal filed with the Prosecutor’s Office or the Office of the Prosecutor General shall be resolved within 30 thirty days as of the receipt of the appeal.

 (2) When resolving an appeal filed against an order or procedural act of an investigative body or the Prosecutor’s Office, the Prosecutor’s Office or the Office of the Prosecutor General may, by an order:
 1) deny the appeal;
 2) grant the appeal in full or in part and recognise violation of the rights of the person if the violation can no longer be eliminated;
 3) annul the contested order or suspend the contested procedural act in full or in part, thereby eliminating the violation of the rights.

 (3) An appellant shall be notified of the right to file an appeal with the county court pursuant to § 230 of this Code.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

 (4) An order made when resolving an appeal shall be immediately sent to the investigative body or the Prosecutor’s Office which prepared the contested order or performed the contested procedural act and a copy of the order shall be sent to the appellant.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 230.  Filing of appeals with county court

 (1) If the activities of an investigative body or Prosecutor’s Office in violation of the rights of a person are contested and the person does not agree with the order prepared by the Office of the Prosecutor General who considered the appeal, the person has the right to file an appeal with the preliminary investigation judge of the county court in whose territorial jurisdiction the contested order was prepared or the contested procedural act was performed.

 (2) An appeal shall be filed within ten days as of the date when the person became or should have become aware of the contested order.

 (3) Appeals shall be filed in writing in accordance with the requirements of clauses 228 (4) 2)-6) of this Code.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

§ 231.  Resolution of appeals by county courts

 (1) A preliminary investigation judge shall consider the appeal within 30 days as of the receipt of the appeal.

 (2) An appeal shall be considered by written procedure within the scope of the appeal and with regard to the person in respect of whom the appeal was filed.

 (3) When resolving the appeal, the court may:
 1) deny the appeal;
 2) grant the appeal in full or in part and recognise a violation of the rights of the person if the violation can no longer be eliminated;
 3) annul the contested order or suspend the contested procedural act in full or in part, thereby eliminating the violation of the rights.

 (4) A court which receives an appeal may suspend the execution of the contested order or procedural act.

 (5) An order of a preliminary investigation judge is final and not subject to appeal, with the exception of orders made to resolve appeals against the course of surveillance activities, non-notification thereof or refusal to submit information collected thereby.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 232.  Withdrawal of appeal

  An appeal filed against the activities of an investigative body, Prosecutor’s Office or the Office of the Prosecutor General may be withdrawn until resolution of the appeal.

Chapter 9 SIMPLIFIED PROCEDURES  

Division 1 Alternative Procedure  

§ 233.  Grounds for application of alternative procedure

 (1) At the request of an accused and the Prosecutor’s Office, the court may resolve a criminal matter by alternative procedure on the basis of the materials of the criminal file without summoning the witnesses or qualified persons.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (11) An accused and a prosecutor may submit a request for the application of alternative procedure to a court until the commencement of examination of evidence in a county court.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (2) Alternative procedure shall not be applied:
 1) in the case of a criminal offence for which life imprisonment is prescribed as punishment by the Penal Code;
 2) in the case of a criminal matter where several persons are accused and at least one of the accused does not consent to the application of alternative procedure.
 3) [repealed - RT I, 05.07.2013, 2 - entry into force 15.07.2013]

 (3) Alternative procedure shall be applied pursuant to the provisions of Divisions 2, 3, 5 and 6 of Chapter 10 of this Code, taking into account the specifications provided for in this Division.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 234.  Request for application of alternative procedure

 (1) A suspect or accused may submit a request to the Prosecutor’s Office for the application of alternative procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) If the Prosecutor’s Office refuses to apply alternative procedure, criminal proceedings shall be continued pursuant to the general procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) If a suspect or accused, counsel and Prosecutor’s Office consent to the application of alternative procedure before the performance of the acts listed in § 226 of this Code, the Prosecutor’s Office shall prepare the statement of charges pursuant to § 154 of this Code and set out in the statement of charges that application of alternative procedure is requested in the criminal matter. The request of the suspect or accused and the statement of charges shall be included in the criminal file and the file shall be sent to the court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) If a suspect or accused, counsel and Prosecutor’s Office consent to the application of alternative procedure in the course of judicial proceedings, the Prosecutor’s Office shall present the request of the accused and the criminal file to the court during a court session.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) The accused and the Prosecutor’s Office may withdraw the request for the application of alternative procedure until the completion of judicial examination. If the accused or the Prosecutor’s Office withdraws the request for application of alternative procedure in the course of judicial hearing, the court shall make the decision provided for in clause 238 (1) 1) of this Code.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 235.  [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2351.  Ordering the accused to answer the charges under alternative procedure

  [RT I 2006, 21, 160 - entry into force 25.05.2006]

 (1) The judge who receives the criminal file shall verify jurisdiction over the criminal case following the provisions of §§ 24−27 of this Code and make one of the following orders:
 1) the order for the accused to answer the charges, observing the provisions of § 263 of this Code;
 2) the return of the criminal file to the Prosecutor’s Office if there are no grounds for application of alternative procedure;
 3) the return of the criminal file to the Prosecutor’s Office and continuation of the proceedings if the court does not consent to deal with the criminal matter by alternative procedure.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

 (2) If the bases provided for in § 258 of this Code become evident, the court shall organise a preliminary hearing which shall be held pursuant to the provided for in subsection 2571 (2) and §§ 259-262 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 236.  Participants in court session

 (1) A prosecutor, accused, his or her counsel, victim and civil defendant shall be summoned to a court session.

 (2) The failure of a victim or civil defendant to appear in a court session shall hinder neither judicial hearing of the criminal matter nor consideration of the civil action or a proof of claim in public law.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (3) A court may organise the participation of the parties to judicial proceedings in the judicial hearing under alternative procedure by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) A prosecutor is not required to participate upon the pronouncement of a court judgment.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 237.  Judicial examination under alternative procedure

 (1) A judge announces the commencement of judicial examination and makes a proposal to the prosecutor to make an opening speech. The prosecutor gives an overview of the charges and the evidence which corroborates the charges and which the prosecutor requests to be examined by the court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) After the opening speech of a prosecutor, the judge shall ask whether the accused understands the charges, whether he or she confesses to the charges and whether he or she consents to the criminal matter being dealt with by alternative procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) The judge shall make a proposal to the counsel to submit his or her opinion as to whether the charges are justified. Thereafter, the victim and the civil defendant or their representatives shall be given the floor.

 (4) In judicial hearing, the participants in the court session shall rely only on the materials of the criminal file. The court shall intervene if the participants in proceedings refer to circumstances outside the criminal file.

 (5) The accused may request that he or she be interrogated. The interrogation of the accused shall comply with the provisions of § 293 of this Code. If the accused has waived counsel pursuant to clause 45 (4) 3) of the Code, the prosecutor is the first to question the accused, followed by the other participants in proceedings in the order specified by the judge.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) The judge may question the participants in proceedings.

 (7) At the end of judicial examination, the judge shall ask the participants in proceedings whether they would like to submit requests. The court shall resolve the requests in accordance with § 298 of this Code.

§ 2371.  Commencement of alternative procedure during judicial proceedings

 (1) If a judge receives the request specified in subsection 234 (4) of this Code, he or she shall continue judicial hearing in accordance with the rules provided in § 237 of this Code.

 (2) If application of alternative procedure is refused on the basis of clause 2351 (1) 2) or 3) of this Code, the court shall continue the proceedings following general procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 238.  Decisions under alternative procedure

 (1) The court shall make one of the following decisions in chambers:
 1) an order on the return of the criminal file to the Prosecutor’s Office if there are no grounds for the application of alternative procedure;
 2) an order on the return of the criminal file to the Prosecutor’s Office if the materials of the criminal file are not sufficient for resolving the criminal matter under alternative procedure;
 3) an order on termination of criminal proceedings if the grounds listed in clauses 199 (1) 2)-6) of this Code become evident;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 4) a judgment of conviction or acquittal with regard to the accused.

 (2) If a judgment of conviction is made under alternative procedure, the court shall reduce the principal punishment to be imposed on the accused by one-third after considering all the facts relating to the criminal offence. If a punishment is imposed pursuant to § 64 of the Penal Code, the aggregate punishment to be imposed on the accused shall be reduced by one-third.

Division 2 Settlement Procedure  

§ 239.  Grounds for application of settlement procedure

 (1) A court may deal with a criminal matter by settlement procedure at the request of the accused or the Prosecutor’s Office.

 (2) Settlement procedure shall not be applied:
 1) in the case of the criminal offences prescribed in §§ 89-91, 95-97, 99-102, subsection 1022 (2), § 103, subsections 110 (2), 111 (2), 112 (2), §§ 113-114, 118, 125, 135, subsection 141 (2), clause 151 (2) 1) and subsection (4), clause 200 (2) 5), clause 214 (2) 3), §§ 237, 244 and 246, clauses 251 (3) 3), subsection 252 (3), subsections 259 (2), §§ 2901 and 302, subsections 327 (3), 405 (3), 422 (2), § 435, clauses 441 1), 442 1), 443 1) and clause 445 (2) 1) and subsection (3) of the Penal Code;
[RT I, 17.12.2015, 3 - entry into force 27.12.2015]
 2) if the accused, his or her counsel or the Prosecutor’s Office does not consent to the application of settlement procedure;
 3) in the case of a criminal matter where several persons are accused and at least one of the accused does not consent to the application of settlement procedure;
 4) if the victim, civil defendant or third person does not consent to the application of settlement procedure.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
 5) [repealed - RT I, 05.07.2013, 2 - entry into force 15.07.2013]

 (21) The consent of a victim specified in clause (2) 4) of this section is not required for the application of settlement procedure if the victim is the state, local authority or another public authority and the Prosecutor’s Office has filed the civil action or proof of claim in public law instead of the representative thereof in accordance with subsection 381 (31), (32) or (33) of this Code.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

 (3) An accused and prosecutor may submit a request for the application of settlement procedure to a court until the completion of judicial examination in a county court.

 (4) Settlement procedure shall be applied pursuant to the provisions of Chapter 10 of this Code, taking into account the specifications provided for in this Division.

§ 240.  Commencement of settlement procedureby the Prosecutor’s Office

  If the Prosecutor’s Office considers application of settlement procedure possible, the Office shall perform the following acts:
 1) explain the option of applying settlement procedure, the rights of the suspect or accused and the counsel in settlement procedure and the consequences of application of settlement procedure to the suspect or accused and the counsel;
 2) prepare a report pursuant to § 243 of this Code concerning the consent of the civil defendant to the application of settlement procedure;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 3) request the consent of the victim for settlement procedure and ask the victim who is a natural person whether he or she wishes to receive notification of the time of a court session, unless the victim has expressed his or her opinion about these issues earlier in the course of criminal proceedings, and explains that the victim does not have the right to withdraw the consent granted for settlement procedure;
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
 4) ascertain the opinion of the victim concerning the charges and the punishment, unless the victim has expressed his or her opinion about these issues earlier in the course of criminal proceedings and, if necessary, grant the victim a reasonable term for filing a civil action or an application for compensation for procedural expenses.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 241.  [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 242.  Commencement of settlement procedure at request of suspect or accused

 (1) If a suspect or accused wishes that settlement procedure be applied, he or she shall submit a written request pursuant to § 225 of this Code to the Prosecutor’s Office.

 (2) If the Prosecutor’s Office consents to the application of settlement procedure, the Office shall perform the acts provided for in §§ 240 and 243 of this Code. If the Prosecutor’s Office refuses to apply settlement procedure, criminal proceedings shall be continued following general procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 243.  Report concerning consent granted by civil defendant and third person to application of settlement procedure

  [RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (1) A report concerning the consent granted by a civil defendant or third person to the application of settlement procedure shall set out:
 1) the time and place of preparation of the report;
 2) the official title and name of the person preparing the report;
 3) the name of the suspect or accused;
 4) the name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship and the place of work or educational institution of the civil defendant or third person;
 5) a notation with regard to whether the rights of the civil defendant or third person in settlement proceedings and the consequences of settlement procedure have been explained to him or her;
 6) the consent of the civil defendant to the application of settlement procedure and to the civil action of the victim or proof of claim in public law filed against him or her;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 7) the consent of the third person to the determination made concerning the person’s rights or freedoms protected by law.

 (2) The report shall be signed by the prosecutor and civil defendant or third person.

 (3) A civil defendant or third person does not have the right to withdraw from a consent granted.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 244.  Negotiations under settlement procedure

 (1) After preparation of the report specified in 243 of this Code, the Prosecutor’s Office shall commence negotiations with the suspect or accused and his or her counsel in order to conclude a settlement. At the beginning of negotiations, the Prosecutor’s Office explains the rights of the suspect or accused in settlement procedure and the consequences of settlement procedure to the suspect or accused.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) [Repealed - RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (3) If the Prosecutor’s Office and the suspect or accused and his or her counsel fail to reach a settlement concerning the terms and conditions provided for in subsection 245 (1) of this Code, the criminal proceedings shall be continued following general procedure.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (4) No settlement shall be concluded on a more severe punishment than 18 years imprisonment.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2441.  Dismissal of civil action and proof of claim in public law under settlement procedure

 (1) If the Prosecutor’s Office finds that a civil action or proof of claim in public law is inadmissible or unfounded in full or in a substantial part, it shall return it by an order to the victim. The Prosecutor’s Office may return a proof of claim in public law to the victim even in the case if this is necessary for the expeditious resolution of the criminal matter. An order dismissing a civil action or proof of claim in public law based on this section is not subject to contestation.

 (2) The Prosecutor’s Office shall return by an order a civil action or proof of claim in public law submitted after the term provided for in subsection 240 (4) of this Code. An appeal may be filed against an order of the Prosecutor’s Office pursuant to the procedure provided for in Division 5 of Chapter 8 of this Code. A victim may, inter alia, contest reasonableness of the term determined by the Prosecutor’s Office.

 (3) Dismissal of a civil action or proof of claim in public law does not exclude filing of the same claim under civil procedure or administrative court procedure or collection of the obligation which was the basis for the proof of claim in public law under administrative procedure, which the Prosecutor’s Office explains in its order. If a victim has the right to file a civil action exempt from state fees according to subsection 381 (4) of this Code, the victim also has the right to file on the same basis a civil action or appeal exempt from state fees in civil and administrative court proceedings.

 (4) If, after dismissal of a civil action or proof of claim in public law on the basis of this section, proceedings continue in the same matter following the type of procedure other than the agreement process, the civil action or proof of claim in public law shall be appended to the statement of charges pursuant to the procedure provided for in subsection 226 (7) of this Code in the case the same civil action has not yet been filed under civil procedure or administrative court procedure or an administrative authority has not resolved the claim filed in a claim of proof in public law by an administrative act.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 2442.  Specifications for negotiations with foreign suspects and accused

 (1) The Prosecutor's Office shall hold negotiations with a suspect who is an alien or accused for assuming an obligation by the alien to depart from the Republic of Estonia to a host country together with prohibition on entry within five to ten years, provided that in the estimation of the Police and the Border Guard it is possible for the suspect or accused to return to the host country.

 (2) The Prosecutor's Office shall request an assessment of the possibility for the alien to return to the host country from the Police and Border Guard Board which shall send the assessment to the Prosecutor's Office within 30 days as of receipt of the request.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

§ 245.  Settlement

 (1) A settlement shall set out:
 1) the time and place of conclusion of the settlement;
 2) the official title and name of the prosecutor;
 3) the name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship, education, native language and the place of work or educational institution of the accused;
 4) the name of the counsel;
 5) the criminal record of the accused;
 6) the preventive measures applied with regard to the accused and the duration thereof;
 61) a notation that the rights of the suspect or accused under settlement procedure and the consequences of settlement procedure have been explained to him or her;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 7) the facts relating to the criminal offence;
 8) the legal assessment of the criminal offence and the nature and extent of the damage caused by the criminal offence;
 9) the type and the category or term of the punishment;
 10) property subject to confiscation;
[RT I 2007, 2, 7 - entry into force 01.02.2007]
 11) the cause and object of the civil action or proof of claim in public law filed against the accused;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 12) the expenses relating to criminal proceedings to be compensated for by the accused, if possible as an absolute amount.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) If a punishment is imposed on an accused for several criminal offences, the settlement shall set out the type and the category or term of each of the punishments and the type and the category or term of the aggregate punishment.

 (3) If punishments are imposed on an accused pursuant to several court judgments, the settlement shall also set out the type and the category or term of the aggregate punishment.

 (4) A settlement is deemed to be concluded when a prosecutor, accused and his or her counsel have signed the settlement.

 (5) The Prosecutor’s Office shall send copies of a settlement to the accused and his or her counsel and the criminal file to the court. If a victim who is a natural person has filed an application according to clause 240 3) of this Code for notification of the time of a court session, the Prosecutor’s Office shall append the application of the victim to the settlement sent to a court.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 2451.  Ordering the accused to answer the charges under settlement procedure

  [RT I 2006, 21, 160 - entry into force 25.05.2006]

 (1) The judge who receives the criminal file shall verify jurisdiction over the criminal case following the provisions of §§ 24-27 of this Code and make one of the following orders:
 1) the order for the accused to answer the charges, observing the provisions of § 263 of this Code;
 2) the return of the criminal file to the Prosecutor’s Office if there are no grounds for application of settlement procedure;
 3) the return of the criminal file to the Prosecutor’s Office granting the possibility to conclude a new settlement if the court does not consent to the legal assessment of the criminal offence or the type or the category or term of the punishment;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 4) the return of the criminal file to the Prosecutor’s Office and continuation of the proceedings if the court does not agree to deal with the criminal matter under settlement procedure.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

 (2) If the bases provided for in § 258 of this Code become evident, the court shall organise a preliminary hearing which shall be held pursuant to the provided for in subsection 2571 (2) and §§ 259-262 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2452.  Specifications for agreements entered into with foreign suspects and accused

 (1) Where an agreement is entered into with an alien who assumes the obligation to depart from the Republic of Estonia to a host country, the agreement shall also include the following:
 1) the term of validity of the prohibition on entry imposed on the alien and the scope of application thereof;
 2) the obligation of the alien to depart from the Republic of Estonia to the host country by the determined date and the consequences of failure to comply with the agreement;
 3) the information concerning enforcement of the obligation to depart if the alien is held in custody or in imprisonment in Estonia or if his or her liberty is restricted in any other manner.

 (2) A judge in charge of execution of court judgments may, at the request of a prosecutor's office, enforce the sentence imposed on an alien to the extent not served, if the convicted offender does not comply with the assumed obligation to depart from the Republic of Estonia, he or she is suspected of commission of a new criminal offence before the performance of the obligation to depart, or he or she returns to the country before the expiry of term of the prohibition on entry imposed on him or her.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

§ 246.  Participants in court session

 (1) A prosecutor, accused and his or her counsel shall be summoned to a court session.

 (11) A court shall notify a victim who is a natural person based on the contact details submitted by him or her or through the e-file system of the time of a court session, if the victim so requested. The failure of a victim to appear in a court session shall not hinder judicial hearing of the criminal matter.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (2) The court may arrange the participation of parties to judicial proceedings in the judicial hearing conducted under settlement procedure by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.

 (3) A prosecutor is not required to participate upon the pronouncement of a court judgment.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 247.  Judicial hearing under settlement procedure

 (1) A judge shall announce the commencement of the hearing of a settlement and make a proposal to the prosecutor to give an overview of the settlement.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) After hearing the overview of a settlement, the judge shall ask whether the accused understands the settlement and consents thereto. The judge shall make a proposal to the accused to explain the circumstances relating to the conclusion of the settlement and shall ascertain whether conclusion of the settlement was the actual intention of the accused.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) A judge shall ask the opinions of the counsel and the prosecutor concerning the settlement and whether they will adhere to the settlement.

 (4) The judge may question the participants in proceedings.

 (5) After completion of the hearing of a settlement, the court shall announce the time of pronouncement of the decision.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 248.  Decisions under settlement procedure

 (1) The court shall make one of the following decisions:
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 1) an order on the return of the criminal file to the Prosecutor’s Office if there are no grounds for application of settlement procedure;
[RT I 2006, 21, 160 - entry into force 25.05.2006]
 2) an order on the return of the criminal file to the prosecutor's office granting the possibility to conclude a new agreement if the court does not consent to the legal assessment of the criminal offence or the type or the category or term of the punishment, or with the obligation of the alien assumed by the agreement to depart from the Republic of Estonia to a host country together with prohibition on entry within five to ten years;
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
 3) an order on refusal to apply settlement procedure and on the return of the criminal file to the Prosecutor’s Office if the court has doubts regarding the circumstances specified in § 306 of this Code;
 4) an order on termination of criminal proceedings if the grounds listed in clauses 199 (1) 2)-6) of this Code become evident;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 5) a court judgment on the conviction of the accused and on imposition of the punishment agreed upon in the settlement on the accused.

 (2) After a court has made an order specified in clause (1) 1) or 2) of this section, the court shall return the criminal file to the Prosecutor’s Office for continuation of the criminal proceedings.

§ 249.  Main part of judgment of conviction under settlement procedure

  The main part of a court judgment shall set out:
 1) the charges on which the court convicts the accused;
 2) the content of the settlement.

§ 250.  Commencement of settlement procedureduring judicial hearing

 (1) If a judge receives the reports specified in § 243, the opinions specified in clause 240 3) and the settlement specified in § 245 of this Code, he or she shall continue judicial hearing pursuant to the procedure provided for in clause § 247. If judicial hearing has been commenced before the submission of the settlement, only the settlement shall be presented.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) If application of settlement procedure is refused on the basis of clause 248 (1) 1) or 2) of this Code, the court shall continue the proceedings following general procedure.

Division 3 Summary Procedure 

§ 251.  Grounds for application of summary procedure

 (1) If the facts relating to a subject of proof are explicit in the case of a criminal offence in the second degree and the prosecutor considers application of a pecuniary punishment as the principal punishment, the court may deal with the criminal matter by summary procedure at the request of the Prosecutor’s Office.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (2) Summary procedure shall not be applied if the suspect is a minor.

 (3) Summary procedure shall not be applied if addiction treatment of drug addicts or complex treatment of sex offenders can be administered to the suspect.
[RT I, 15.06.2012, 2 - entry into force 01.06.2013]

§ 252.  Main part of statement of charges under summary procedure

 (1) Under summary procedure, the Prosecutor’s Office shall prepare a statement of charges the main part of which shall set out:
 1) the facts relating to the criminal offence;
 2) the legal assessment of the criminal offence;
 3) the nature and extent of the damage caused by the criminal offence;
 4) the evidence in proof of the charges;
 5) a proposal concerning the type and the category or term of the punishment.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (2) A statement of charges and the materials of the criminal matter shall be sent to a court and copies of the statement of charges to an accused and his or her counsel.

 (3) An accused and counsel may submit a written opinion concerning the resolution of the criminal matter to the court within thirty days as of receipt of the statement of charges.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 253.  Decisions under summary procedure

  Upon receipt of a criminal matter by a court but not earlier than fifteen days after submission of the statement of charges to an accused and counsel, a judge shall verify the jurisdiction over the criminal matter and make one of the following decisions:
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 1) a court judgment under summary procedure in accordance with section 254 of this Code;
 2) an order on termination of criminal proceedings if the grounds provided for in clauses 199 (1) 2)-6) of this Code become evident;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 3) an order on refusal to apply summary procedure and on the return of the criminal file to the Prosecutor’s Office.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 254.  Court judgment under summary procedure

 (1) If a judge consents to the conclusions presented in a statement of charges concerning the proof of the charges and the category or term of the punishment, he or she shall prepare a court judgment.

 (2) The introduction of a court judgment made under summary procedure shall set out:
 1) that the court judgment is made on behalf of the Republic of Estonia;
 2) the date and place of making the court judgment;
 3) the name of the court which made the judgment and the name of the judge;
 4) the name, residence or seat and address, personal identification code or, in the absence thereof, date of birth and the place of work or educational institution of the accused;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 5) the criminal record of the accused.

 (3) The main part of a court judgment made under summary procedure shall set out:
 1) the facts relating to the criminal offence;
 2) the legal assessment of the criminal offence;
 3) the nature and extent of the damage caused by the criminal offence;
 4) the reasons for the punishment to be imposed on the accused.

 (4) The conclusion of a court judgment made under summary procedure shall set out:
 1) the conviction of the accused pursuant to the corresponding section, subsection or clause of the Penal Code;
 2) the category or term of the punishment;
 3) a determination concerning the expenses related to the criminal proceedings;
 4) the procedure and term for appeal against the summary judgment.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (5) A copy of a court judgment made under summary procedure shall be delivered to the accused, counsel, victim and the Prosecutor’s Office in accordance with the provisions of subsections 164 (3) and (5) of this Code within three days as of the making of the judgment.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (6) Within fifteen days as of the receipt of a court judgment made under summary procedure, the accused and the counsel have the right to request that the court hear the criminal matter following general procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (7) If the accused or the counsel does not request that the court hear the criminal matter following general procedure, the court judgment made under summary procedure shall enter into force.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 255.  Contestation of court judgment made under summary procedureand judicial hearing under general procedure

 (1) If a convicted offender contests a court judgment made under summary procedure and requests that the court hear the criminal matter under general procedure, the judge shall prepare an order on the return of the criminal file to the Prosecutor’s Office and the order shall serve as a basis for preparation of a new statement of charges pursuant to § 154 of this Code and for continuation of proceedings following general procedure.

 (2) The judicial hearing under general procedure shall be conducted in accordance with the provisions of Chapter 10 of this Code.

§ 256.  Commencement of summary proceedings at judicial hearing

 (1) In the cases provided for in clause 269 (2) 2) of this Code, a prosecutor may submit a request for application of summary procedure to the court and make a proposal concerning the category or term of the punishment to be imposed on the accused.

 (2) If a request is granted, the court shall conduct the summary procedure in accordance with sections 253 and 254 of this Code.

 (3) If a request is denied, judicial hearing shall be continued following general procedure.

Division 4 Expedited Procedure  
[RT I 2006, 15, 118 - entry into force 14.04.2006]

§ 2561.  Basis for application of expedited procedure

  [RT I 2006, 15, 118 - entry into force 14.04.2006]

 (1) If a person is suspected of a criminal offence in the second degree and the facts relating to the subject of proof of which are explicit and all necessary evidence concerning which have been taken, the Prosecutor’s Office may request that the court deal with that criminal matter by expedited procedure. The request shall be made within 48 hours after the person has been interrogated as a suspect or after the person has been detained as a suspect.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2) If a person is a suspect in a criminal offence provided for in Division 1 of Chapter 12 of the Penal Code in the case of which there is no dispute over the facts relating to the commission of the criminal offence, he or she may be influenced not to commit offences in the future by treatment of the addiction disorder or keeping this disorder under control, and he or she has expressed a consent to sending to medical treatment or keeping the disorder under control in any other manner, expedited procedure may be applied in accordance with the rules provided in subsection (1) of this section and Division 2 of Chapter 9 of this Code.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

§ 2562.  Minutes for expedited procedure and statement of charges under expedited procedure

 (1) The minutes for expedited procedure shall set out:
 1) statements of the suspect and other data relating to the interrogation pursuant to subsection 76 (1) of this Code or reference to separate minutes concerning the interrogation of the suspect;
 2) whether the suspect wishes the hearing of the criminal matter to be conducted without summoning the witnesses;
 3) testimony of the witness and other data relating to the questioning pursuant to § 74 of this Code or reference to separate minutes concerning questioning of the witness;
 4) a list of other evidence;
 5) the data provided for in subsection 218 (1) of this Code if the person has been detained as a suspect.

 (2) The minutes for expedited procedure shall be immediately forwarded to the Prosecutor’s Office. Other evidence and the certificate provided for in subsection 222 (3) of this Code shall be appended to the expedited procedure report.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (3) If necessary, the Prosecutor’s Office shall perform the acts necessary for the application of simplified procedures. In such case, the data specified in §§ 245 or 252 of this Code shall be added to the minutes. The acts specified in clauses 240 2) and 3) of this Code may be performed with regard to the victim only by an investigative body.

 (4) The Prosecutor’s Office shall prepare the statement of charges and add the data provided by § 154 of this Code to the minutes for expedited procedure, taking account of the differences of the minutes for expedited procedure.

 (5) The accused and his or her criminal defence counsel shall be given a copy of the minutes for expedited procedure. If the accused is not proficient in the Estonian language, he or she may request that the minutes be translated into his or her native language or a language in which he or she is proficient. If, instead of the minutes for expedited procedure, separate procedural documents are prepared, the accused and criminal defence counsel shall be given copies of the statement of charges and the materials of the criminal matter.

 (6) Criminal defence counsel has the right to examine all the materials related to the criminal matter after the interrogation of the suspect until the beginning of the trial. The Prosecutor’s Office shall receive and resolve petitions and complaints until a request for application of expedited procedure is submitted to the court.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

§ 2563.  Summoning to court session

 (1) The participants in proceedings and witnesses shall be summoned to court by the investigative body or the Prosecutor’s Office in accordance with the rules provided in subsection 164 (3) of this Code with the approval of the court.

 (2) The accused and criminal defence counsel shall be summoned to court by the Prosecutor’s Office in accordance with the rules provided in subsection (1) of this section.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

§ 2564.  Judicial proceedings under expedited procedure

  [RT I 2006, 15, 118 - entry into force 14.04.2006]

 (1) The prosecutor shall make an oral request to the court for hearing the matter under expedited procedure and submit the materials related to the criminal matter to the court.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

 (2) The judge shall verify the jurisdiction in accordance with the rules provided in subsection 257 (1) of this Code and shall open the court session. A notation concerning the opening of the court session shall be made in the minutes of the court session. After declaring the commencement of judicial examination, the court shall make a proposal to the prosecutor to present the statement of charges.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

 (3) If immediate judicial hearing of the criminal matter is not possible, the court shall organise a preliminary hearing pursuant to the procedure provided for in §§ 258-263 of this Code.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

 (4) Judicial proceedings under expedited procedure shall be carried out in accordance with the rules provided in sections 233-238 or 239-250 or 251-256 or 266-317 of this Code, taking account of the differences provided for in this Division.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

 (5) A prosecutor is not required to participate upon the pronouncement of a court judgment.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2565.  Decisions under expedited procedure

  [RT I 2006, 15, 118 - entry into force 14.04.2006]

 (1) The court shall make one of the following decisions:
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 1) an order on return of the materials of the criminal matter to the Prosecutors Office if there are no grounds for application of expedited procedure, except due to insufficient evidence;
[RT I 2006, 15, 118 - entry into force 14.04.2006]
 2) a judgment of conviction or acquittal with regard to the accused.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

 (2) If the court makes a judgment of conviction under expedited procedure, the court shall reduce the amount of compensation levies specified in subsection 179 (1) of this Code but not more than by a half.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

Chapter 10 PROCEDURE BEFORE COUNTY COURTS  
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 1 Preliminary Procedure  

§ 257.  Ordering the accused to answer the charges

 (1) The judge who receives the statement of charges shall verify jurisdiction over the criminal case following the provisions of §§ 24−27 of this Code and make an order for the accused to answer the charges.

 (2) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) In a criminal case which has been sent to court under regular procedure and in which custodial remand is applied as the preventive measure, the judge shall decide on ordering the accused to answer the charges not later than on the working day preceding the expiration of the time limit for the remand.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

§ 2571.  Preliminary hearing

 (1) The court shall deal with organisational issues in a preliminary hearing before the commencement of judicial hearing of the matter, if any of the grounds specified in § 258 of this Code exists.

 (2) If any of the grounds specified in clause 258 (1) 2) or 3) of this Code becomes evident, a judge shall hold a preliminary hearing to decide on ordering the accused to answer the charges.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 258.  Grounds for holding preliminary hearings

 (1) A preliminary hearing shall be held in order to:
 1) decide on alteration or annulment of preventive measures or to consider a request for application of preventive measures;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 2) decide on return of the statement of charges to the Prosecutor’s Office if the statement is not in compliance with the requirements of § 154 of this Code;
 21) if the statement of defence does not comply with the requirements provided for in subsection 227 (3) of this Code;
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
 3) decide on termination of the criminal proceedings on the bases provided for in clauses 199 (1) 2)-6) of this Code;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 4) planning of judicial hearing of a criminal matter referred to court under general procedure and dealing with requests of the parties to judicial proceedings;
[RT I 2008, 32, 198 - entry into force 15.07.2008]
 5) dealing with other issues if a judge deems it necessary to hold a preliminary hearing.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

 (2) Summonses to a preliminary hearing shall be served on the parties to judicial proceedings in accordance with the rules provided in sections 163-169 of this Code.

 (3) If necessary, a court shall examine the materials of a criminal file.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 259.  Participants in preliminary hearing

 (1) A preliminary hearing shall be held by a judge sitting alone.

 (2) The participation of a prosecutor and a criminal defence counsel in a preliminary hearing is mandatory.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

 (3) If necessary, other participants in proceedings may be summoned to a preliminary hearing. If the preliminary hearing is held in order to decide on acceptance of a civil action or a proof of claim in public law or to prepare a civil action or a proof of claim in public law for consideration, the victim and the civil defendant or the representatives thereof are summoned to the preliminary hearing.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (4) Minutes shall be taken of a preliminary hearing by a court session clerk.

 (5) A judge may arrange the participation of the persons specified in this section in the preliminary hearing by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 260.  Consequences of failure to appear at preliminary hearing

 (1) If a prosecutor fails to appear at a preliminary hearing, the hearing shall be adjourned and the Prosecutor’s Office shall be notified of the failure of the prosecutor to appear.

 (11) If a criminal defence counsel fails to appear at a preliminary hearing, the hearing shall be adjourned. If the counsel is an advocate, the leadership of the Bar Association shall be notified of the counsel’s failure to appear.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

 (2) The failure of other parties to judicial proceedings to appear shall not preclude the holding of the preliminary hearing, unless the court decides otherwise. If the victim or his or her representative summoned to the preliminary hearing fail to appear at the preliminary hearing, the court may dismiss the civil action or a proof of claim in public law by an order. In such case the court shall primarily take into consideration to what extent postponement of a preliminary hearing would delay the hearing of the criminal matter and the reasons of the failure of the victim or his or her representative to appear at the preliminary hearing.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 261.  Procedure for conduct of preliminary hearings

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) After opening a preliminary hearing, the judge shall:
 1) announce the title of the criminal matter which is to be prepared for judicial hearing and the issues to be dealt with at the preliminary hearing and, in the case of involvement of an interpreter or translator, perform the acts required in subsection 161 (3) of this Code;
 2) ascertain who has appeared at the preliminary hearing and, if necessary, identify of the persons who have appeared;
 3) resolve the petitions of challenge.

 (2) Following the application of a preliminary hearing, the judge shall explain the grounds for holding the hearing and hear the opinions of the parties who have appeared regarding the issues to be resolved in the preliminary hearing.

 (3) With a view to ordering the accused to answer the charges, the judge shall plan the judicial hearing of the case in cooperation with the parties to judicial proceedings such as to, as much as possible, avoid unnecessary expenditure of time, repeated summoning of persons to court and adjournment of the court sitting in the case.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

§ 262.  Competence of judge in preliminary hearing

 (1) In a preliminary hearing, a judge may make one of the following orders:
 1) the order for the accused to answer the charges;
 2) to return the statement of charges to the Prosecutor’s Office if the statement of charges is not in compliance with the requirements of § 154 of this Code;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 21) to supplement the statement of defence or preparation of a new statement of defence within five working days as of the preliminary hearing, if the statement of defence does not comply with the requirements provided for in subsection 227 (3) of this Code;
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
 3) to terminate criminal proceedings in the cases specified in clauses 199 (1) 2)-6) of this Code;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 4) to apply or alter preventive measures;
 41) to accept the civil action or proof of claim in public law or to grant a term for elimination of deficiencies thereof or to dismiss the civil action or proof of claim in public law;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 5) to resolve the requests of participants in proceedings.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

 (2) If a court finds that dealing with the matter falls within the competence of an administrative court and the administrative court has previously found that dealing with the same matter does not fall within its competence, a Special Panel formed by the Criminal Chamber and the Administrative Law Chamber of the Supreme Court shall determine, in accordance with the rules provided in § 711 of the Code of Civil Procedure, the court that is competent to deal with the matter.
[RT I, 20.11.2014, 1 - entry into force 01.05.2015]

§ 263.  Order for the accused to answer the charges

  The order for the accused to answer the charges shall set out:
 1) the name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship, education, native language and the place of work or educational institution of the accused;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 2) the number of the criminal case;
 3) the time and place of the court session, if known. If a court session is planned to be held on several days, all the days of judicial hearing shall be indicated as the time of the court session;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 4) whether the criminal matter will be heard in a public court session or in camera;
 5) the given names and surnames of the persons to be summoned to the court session and the time of appearance of the persons at judicial hearing, if known;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 6) hearing of a witness or victim under a fictitious name pursuant to subsection 67 (5) of this Code;
 7) application or alteration of preventive measures;
 8) the resolutions of requests.

§ 2631.  Decision on acceptance of civil action and proof of claim in public law

  [RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (1) If a civil action or a proof of claim in public law is sent to a court together with the statement of charges, the court shall make an order on acceptance of the civil action or the proof of claim in public law or for grant of a term for the elimination of deficiencies of the civil action or the proof of claim in public law or dismissal of the civil action or the proof of claim in public law. If necessary, the court shall grant a term for the accused, counsel and civil defendant for submission of a written response to the civil action or the proof of claim in public law.

 (2) Dismissal of the civil action or proof of claim in public law shall not exclude the filing of the same action under civil or administrative court procedure or the issue of an administrative act concerning the obligation which was the basis for the proof of claim in public law in administrative proceedings.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 264.  Involvement of probation officers

 (1) If necessary, a judge shall assign the head of the probation supervision department with the duty to appoint a probation officer.

 (2) The judge shall verify whether a pre-court report has been prepared in the criminal matter of an accused who is a minor, an accused who is charged with the commission of a sexual offence or of an accused who has been repeatedly charged with driving a motor vehicle in a state of alcohol intoxication, if this is required. Where the judge so directs, the probation officer shall amend the pre-court report.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

 (21) Before application of the electronic surveillance provided for in § 751 of the Penal Code, if this is required, a judge shall verify whether an opinion has been prepared about the possibility of installation of an electronic surveillance device at the place of residence of the suspect or accused. At the order of the judge, a probation officer shall amend an opinion.
[RT I, 07.07.2017, 1 - entry into force 01.11.2017]

 (3) At the order of a judge, a probation officer shall ascertain the facts relevant to the imposition of duties or community service and submit to the court a pre-court report which shall be included in the materials of the criminal matter.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 265.  Summoning of prosecutor, participants in proceedings, witnesses, qualified persons and experts to court session

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) A prosecutor and participants in proceedings shall be summoned to a court session by a summons pursuant to the procedure provided for in §§ 163-169 of this Code.

 (2) The court shall send a copy of the order for the accused to answer the charges to the Prosecutor’s Office and the defence counsel together with the summons.

 (3) Upon summoning of a witness, a qualified person or an expert the court shall take into account the course of judicial hearing determined in a preliminary hearing.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2651.  Continuation of preliminary hearing by judicial hearing

 (1) The judicial hearing of a criminal matter referred to court under general procedure may be conducted immediately after the preliminary hearing if all the persons connected to the court proceedings are able to appear in court by the time of the preliminary hearing, if this would ensure the conduct of judicial proceedings without interruption and delay and if the parties to judicial proceedings and the court consent thereto.

 (2) The parties to judicial proceedings and the court may, before or during the preliminary hearing, agree to proceed to judicial hearing immediately after the preliminary hearing.

 (3) In the case specified in this section, the victim, civil defendant, third party, their representatives and the accused shall be shall be summoned to court by the Prosecutor’s Office pursuant to the procedure provided for in §§ 163-169 of this Code.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

Division 2 General Conditions for Judicial Hearing  

§ 266.  Chairing of and order in court sessions

 (1) A court session shall be chaired by a judge. In the criminal matters specified in subsections 18 (1) and (3) of this Code, the session shall be chaired by a presiding judge.

 (2) The parties to judicial proceedings and other persons present in the courtroom shall unconditionally comply with the orders of the judge. When the court panel enters or leaves the courtroom, the persons present in the room shall rise.

 (3) All persons shall rise when addressing the court. With the permission of the judge, a person may sit when addressing the court.

 (4) A judge has the right to limit the number of the persons present in the courtroom if the room is overcrowded.

 (5) Witnesses, qualified persons and experts not yet interrogated or heard in judicial examination may stay in the courtroom only with the permission of the court. The court may issue orders in order to prevent communication between persons who have been heard or interrogated and who have not been heard or interrogated.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 267.  Measures applicable to persons who violate order in court session

 (1) If an accused violates order in a court session and fails to comply with the orders of a judge or a court security guard, the following measures may be applied on the basis of a court order:
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]
 1) removal of the accused from the courtroom temporarily or for the duration of the whole session;
 2) imposition of detention for up to ten days or a fine on the accused.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) When an accused is asked to return to the courtroom, he or she shall be notified of the court activities performed in his or her absence.

 (3) If an accused is removed from the courtroom for the duration of a whole session due to violation of order, a copy of the court judgment or, in the case provided for in subsection 315 (4) of this Code, of the conclusion of the court judgment shall be served on the accused immediately after pronouncement of the court judgment.

 (4) If a prosecutor, representative or counsel violates order in a court session, fails to comply with the orders of a judge or court security guard, acts in contempt of the court, a fine may be imposed on him or her based on a court order.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

 (41) A court may remove a counsel, representative or prosecutor from proceedings, if the person is not able to act in accordance with the requirements in court or, in the course of judicial proceedings, has shown himself or herself as dishonest, incompetent or irresponsible, and if he or she obstructs, in bad faith, the just and expeditious conduct of proceedings in the matter or repeatedly fails to comply with the direction of the court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (42) Upon application of the provisions of subsections (4) and (41) of this section, a court shall immediately propose to the party to judicial proceedings to select a new representative or counsel or to the Prosecutor’s Office to appoint a new prosecutor by the date determined by the court. The court shall inform respectively the leadership of the Bar Association or the Prosecutor’s Office of application of the provisions of subsections (4) and (41) of this section to an advocate and prosecutor.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) If any other participant in proceedings or a person present in a courtroom violates order in a court session, fails to comply with the orders of a judge or court security guard or acts in contempt of court, he or she may be removed from the courtroom, or a fine or detention for up to five days may be imposed on him or her on the basis of a court order.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

 (6) If there are elements of a criminal offence in the conduct of a person who violates order at the session, the prosecutor shall commence criminal proceedings with regard to him or her, or the court shall send a report on the criminal offence to the police. If necessary, the court shall detain such person as a suspect on the basis of the minutes.

 (7) A judge performing his or her functions in the court outside a court session may, by a court order, impose detention for up to five days or a fine on a person who fails to comply with the orders of the judge or a court security guard or acts in contempt of court.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

 (8) At the request of a person who has violated order, the court order in the form of an excerpt from the minutes of the court session shall be submitted to him or her.

§ 268.  Scope of judicial hearing

 (1) Judicial hearing of the criminal matter with regard to the accused shall proceed strictly within the scope of the statement of charges, unless otherwise provided for in this section.

 (2) A prosecutor may amend or supplement the charges until the completion of judicial examination in judicial hearing by submitting the changes and amendments to a court and other parties to judicial proceedings in writing. If the text of the charges or the statement of charges proves to lack clarity due to changes or amendment of the charges, the court may require, on its own if, or at the request of a party to judicial proceedings a new consolidated text of the charges or the statement of charges.

 (3) Amendment of charges for the purposes of subsection (2) of this section is not the amendment or correction of presented factual or judicial allegations without amending the main facts which constitute the charges or the legal assessment of the criminal offence or partial withdrawal of charges.

 (4) In the case of amendment or supplementation of the charges, the court shall call a recess or adjourn judicial hearing at the request of the accused or the counsel in order to ensure the right of defence. If this is necessary for ensuring the right of defence, the court may, at the request of the accused or the counsel, call a recess or adjourn judicial hearing even in the case of making the amendments and corrections specified in subsection (3) of this section.

 (5) In convicting the accused, the court shall not rely on facts which substantially differ from the facts relating to the subject of proof described in the charges or changed or amended charges. In making a judgment, the court shall not rely on facts which have not been the subject of hearing during the proceedings.

 (6) A court may amend the legal assessment of a criminal offence based on the facts established during judicial examination, if the accused has been sufficiently able to defend himself or herself against such legal assessment. If necessary, the court shall propose to the parties to judicial proceedings to state their positions on the legal assessment not contained in the statement of charges. The court shall also give the parties an opportunity to present their positions in the case aggravating circumstances not specified in the statement of charges or circumstances which cause the application of non-punitive sanctions become evident. At the request of the accused or the counsel, the court shall call a recess in order to ensure the right of defence.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2681.  Integrity of hearing criminal matter under general procedure

  [RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (1) The court panel of a county court, which hears a criminal matter pursuant to general procedure, shall adhere in the planning of the hearing of the matter to the principles of integrity, sequentiality and uninterruptedness of the hearing, and aim at speedily reaching a judicial decision.

 (2) On the basis of the schedule prepared for hearing criminal matters under general procedure, the court shall find an opportunity to hear in parallel a criminal matter referred to the court for hearing under general procedure if:
 1) a person is accused in the criminal matter of having committed a criminal offence at the time when he or she was a minor;
 2) in the criminal matter, taking into custody is applied with regard to the accused as a preventive measure and the court deems it necessary to continue the application of the above-mentioned preventive measure.

 (3) Upon inevitable adjournment of judicial hearing of a criminal matter heard under general procedure or due to empty slots appearing in the time schedule of judicial proceedings, the court has the right to commence the hearing of another criminal matter referred to the court for hearing under general procedure, if this does not jeopardize the time schedule of judicial hearing of the previous matter. In the case of inevitable adjournments of judicial proceedings in a criminal matter being heard by the court, the court also has the right to commence the hearing of the following criminal case planned to be heard under general procedure according to the time schedule of that case.

 (4) The court may conduct judicial hearing of another criminal matter commenced due to the reasons provided for in subsection (3) of this section in parallel to the judicial hearing of a previously commenced criminal matter, and aim at reaching a fast judicial decision in all the criminal matters heard.

 (5) A court is not bound by the sequence of receipt of criminal matters by the court but for the purpose of integral hearing of a criminal matter and reaching a judicial decision without any delay, the court has the right to commence the hearing of a criminal matter regardless of the sequence of receipt thereof, taking into consideration the extent of the criminal matter to be heard.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 269.  Participation of accused in judicial hearing

 (1) A criminal matter shall be heard in the presence of the accused, taking into account the exceptions specified in this section and § 2761 of this Code. If the accused fails to appear, judicial hearing shall be adjourned. Participation of the accused in the pronouncement of the court judgment is not mandatory.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) As an exception, a criminal matter may be heard in the absence of the accused if:
 1) he or she has been removed from the courtroom on the basis and pursuant to the procedure provided for in subsection 267 (1) of this Code;
 2) his or her whereabouts in the Republic of Estonia cannot be established, there is sufficient reason to believe that he or she is outside the territory of the Republic of Estonia and evades judicial proceedings, reasonable efforts have been made for finding him or her and judicial hearing is possible without him or her;
 3) after his or her interrogation at a court session, the accused has caused himself or herself to be in a state which precludes his or her participation in judicial hearing, and judicial hearing is possible without him or her;
 4) it is complicated to take him or her to the court, and he or she has consented to participation in judicial hearing in audio-visual form pursuant to clause 69 (2) 1) of this Code;
 5) he or she has submitted a reasoned request to the court to hear the matter without his or her participation and the court is convinced that it is possible to defend the rights of the accused without his or her participation in judicial hearing and the absence of the accused from a court session is not contrary to the public interests;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 6) he or she is unable to participate in judicial hearing over an extended period due to illness but he or she was informed of the time and place of the court session, he or she agrees to hearing of the matter without his or her participation and with the participation of his or her counsel and the court is convinced that it is possible to defend the rights of the accused without his or her participation in judicial hearing.
[RT I, 31.12.2016, 2 - entry into force 10.01.2017]

 (21) When granting the request of the accused on the basis specified in clause (2) 5) of this subsection, the court shall determine in which part of judicial hearing the participation of the accused is not mandatory. Participation of the accused in the acts specified in §§ 285 and 298-304 of this Code is mandatory.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) If the accused absconds judicial proceedings or if the hearing of the criminal matter is hindered by a serious illness of the accused due to which he or she is not able to appear in court, the court may make an order on the conduct of separate proceedings concerning his or her charges, adjourn the hearing of the severed charges until apprehension or recovery of the accused, and continue judicial hearing of the criminal matters concerning the other accused.

 (4) In judicial hearing of a criminal matter involving several accused persons, the hearing of those criminal offences included in the criminal matter which do not involve a specific accused may be conducted without the presence of such accused and his or her criminal defence counsel.
[RT I 2004, 54, 387 - entry into force 01.07.2004]

§ 270.  Participation of prosecutors and counsels in court sessions

 (1) The participation of a prosecutor in a court session is mandatory. If a prosecutor fails to appear, judicial hearing shall be adjourned and the Prosecutor’s Office shall be notified of such failure.

 (2) If a counsel fails to appear at the court session, judicial hearing shall be adjourned. If the counsel is an advocate, the leadership of the Bar Association shall be notified of the counsel’s failure to appear.

§ 271.  Judicial hearing in absence of witness, victim, qualified person or expert

 (1) If a witness, victim, qualified person or expert fails to appear in a court session, the court shall hear the opinions of the parties to judicial proceedings and thereafter make an order on the continuation or adjournment of judicial hearing.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) If the court finds that a civil action or proof of claim in public law cannot be considered in the absence of the victim, the civil action or proof of claim in public law shall be dismissed in criminal proceedings, and the victim shall be explained that dismissal of a civil action or proof of claim in public law does not exclude filing the same action under civil or administrative court procedure or recovery of the obligation which was the basis for the proof of claim in public law in administrative proceedings.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 272.  Judicial hearing in absence of civil defendant

 (1) The failure of a civil defendant to appear in a court session shall hinder neither the judicial hearing nor consideration of the civil action.

 (2) If a court finds that a civil action cannot be considered in the absence of the civil defendant, the civil action shall be dismissed in criminal proceedings.

§ 273.  Adjournment of judicial hearing

 (1) Judicial hearing of a criminal matter shall be adjourned by an order if:
 1) a person not specified in §§ 269-271 of this Code has failed to appear in the court session and the participation of such person is necessary;
 2) it is necessary to take additional evidence;
 21) comprehensive, thorough and objective hearing of the criminal matter is complicated due to suspicion of another criminal offence which became evident in the court session;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 3) continuation of the court session is impossible for another reason.

 (2) Before the adjournment of judicial hearing, the witnesses, victims, qualified persons, experts and civil defendants who have appeared in the court session may be heard and they need not be summoned to another court session.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) If judicial hearing of a criminal matter is adjourned due to the failure of a participant in proceedings or another person to appear and the court does not establish any of the good reasons specified in subsection 170 (2) of this Code, the court shall apply the measures provided for in § 138 of this Code. A court may decide not to apply the measures provided for in § 138 if it deems necessary to apply the measures provided for in § 139 or 140 of this Code.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

 (4) If a counsel is not familiar with the criminal matter, the court may adjourn the court session for up to ten days, order that the expenses relating to the criminal proceedings due to the adjournment of the session be paid by the counsel, and notify the leadership of the Bar Association of such conduct of the counsel.

 (5) In the case specified in subsection (1) of this section, the court shall, if possible, without delay set the time for continuation of judicial hearing. Judicial hearing of a criminal matter shall be adjourned for as short term as possible and the hearing of the adjourned criminal matter shall be continued in compliance with the principle of uninterrupted proceedings.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

§ 274.  Termination of criminal proceedings at court session

 (1) If circumstances which pursuant to clauses 199 (1) 2)-8) of this Code preclude criminal proceedings are ascertained during judicial hearing of the criminal matter, if criminal proceedings must be terminated in connection with expiry of reasonable time of proceedings on the grounds provided in § 2742 of this Code or if, in the case specified in clause 199 (1) 1) of this Code, the actions of the accused fulfil the elements of a misdemeanour, the court shall, by order, terminate criminal proceedings. In other cases, on the ground specified in subsection 199 (1) 1) of this Code, a judgment of acquittal shall be made.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

 (2) Criminal proceedings shall not be terminated if, for the purposes of rehabilitation, continuation of the proceedings is requested by:
 1) the accused in the cases provided for in clause 199 (1) 2), 3) or 6) of this Code;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 2) a person close to the accused, in the case provided for in clause 199 (1) 4) of this Code.

 (3) If criminal proceedings are terminated with regard to a minor who at the time of commission of the unlawful act was not capable of guilt on the grounds of age or who can be influenced without the imposition of a punishment or the application of a sanction prescribed in § 87 of the Penal Code, subsection 201 (1) or (2) of this Code is applied respectively.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (4) If the civil action is dismissed due to termination of the criminal proceedings, the action may be filed in accordance with the rules provided in the Code of Civil Procedure.

 (5) A court may terminate criminal proceedings on the bases provided for in § 202-2031 of this Code at the request of the prosecutor and the accused.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

 (6) A court may terminate criminal proceedings on the bases provided for in § 204 of this Code at the request of the prosecutor.

§ 2741.  Request to expedite judicial proceedings

 (1) If proceedings have been conducted by a court in a criminal matter for at least nine months and the court fails to perform a necessary procedural act without a good reason, and also fails to appoint a session in due time to ensure the conduct of judicial proceedings within a reasonable period of time, or if it is evident that the time planned for hearing the matter does not ensure the hearing without interruptions, a party to judicial proceedings may request that the court implement a suitable measure in order to expedite the conclusion of judicial proceedings.

 (2) If a court considers the request to be justified, the court shall rule within thirty days as of receipt of the request on implementation of such measure which presumably allows to conclude judicial proceedings within a reasonable period of time. The court shall not be bound by the request in choosing the measure.

 (3) Denial of the request or implementation of a measure which is different from the one set out in the request to expedite judicial proceedings shall be formalized by reasoned order within the term specified in subsection (2) of this section. The order by which implementation of the measures set out in the request to expedite judicial proceedings is decided need not be reasoned.

 (4) A new request may be submitted six months after the entry into force of a court order made concerning the previous request, except in the case the request is submitted for the reason that the court conducting proceedings in the matter failed to implement on time the measures prescribed in the order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2742.  Termination of criminal proceedings at court session in connection with expiry of reasonable time for proceedings

 (1) If it is established at judicial hearing that a criminal matter cannot be resolved within a reasonable time and violation of the right of the accused to hearing of the criminal matter within a reasonable time cannot be cured in any other manner, the court may, with the consent of the accused, terminate the criminal proceedings, taking into account the circumstances provided for in § 2052 of this Code.

 (2) The chairman of the court shall be informed of the order specified in subsection (1) of this section by which criminal proceedings are terminated due to expiry of the reasonable time for proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 275.  Decision concerning application of preventive measures

 (1) In judicial hearing of a criminal matter, the court has the right to choose, by an order, a preventive measure or alter or annul the preventive measures previously chosen with regard to the suspect or accused.

 (2) If the accused is held in custody pending proceedings before the county court, the court shall verify the reasons for holding in custody on its own initiative at least once within six months and prepare a written order on it.

 (3) When verifying the reasons for holding in custody on its own initiative, the court shall ascertain, before making an order, in a court session or by written procedure, the positions of the prosecutor, counsel and, if necessary, the accused.

 (4) The chairman of the court shall be informed of the order specified in subsection (2) of this section by which the holding in custody of the accused is declared to continue to be justified.

 (5) If a court has chosen, during judicial hearing, holding in custody as a preventive measure with regard to a person who has been declared a fugitive or with regard to the accused who stays outside the territory of the Republic of Estonia, without questioning the person, the person held in custody shall be taken immediately and not later than within 72 hours from the apprehension of the fugitive or bringing of the accused to Estonia for questioning before the court hearing the matter or, if this is impossible, before a preliminary investigation judge.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 276.  Formalisation of court orders

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A court shall formalise the termination of criminal proceedings, compelled attendance, the choice, alteration or annulment of preventive measures, petitions of challenge, ordering of expert assessments and removal of the accused from the courtroom by an order made in accordance with the provisions of § 145 of this Code.
[RT I 2004, 54, 387 - entry into force 01.07.2004]

 (3) Other court orders shall be formalised as procedural documents and included in the criminal file, or shall be made orally and recorded in the minutes of the court session.
[RT I 2004, 54, 387 - entry into force 01.07.2004]

§ 2761.  Case management hearing

  A court may hold, in order to decide on alteration or annulment of preventive measures, to consider a request for application of preventive measures, to consider a request to expedite judicial proceedings, to decide on other organisational issues of judicial proceedings or to resolve a request of a party to judicial proceedings, a preliminary hearing in accordance with the provisions in this Code concerning preliminary hearings, if such issues cannot be resolved within a reasonable period of time at the court session in the course of judicial hearing.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2762.  Deposition of testimony after sending statement of charges to court

 (1) If circumstances become evident, after sending to court the statement of charges which allow to conclude that later hearing of a witness in judicial hearing of a criminal matter may be impossible or the witness may be influenced to give false testimony, the prosecutor, counsel or accused may request from the court deposition of the testimony of the witness before judicial examination or during recess of court sessions.

 (2) The testimony shall be deposited at judicial hearing of the matter in accordance with the rules provided in subsections 691 (2)-(6) of this Code.

 (3) If a party to judicial proceedings wishes to deposit the testimony of a witness who is not specified in the statement of charges or statement of defence as the person summoned to court or questioned in pre-court procedure, the court may grant the request under the conditions specified in § 2861 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2763.  Preparation for cross-examination

  A party to judicial proceedings, when preparing for cross-examination, may communicate with the person whom such party wants to examine at the court session provided the person consents to such communication.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Division 3 Application of Court Session  

§ 277.  Opening of court session

 (1) After opening a court session, the judge shall:
 1) announce the title of the criminal matter to be heard;
 2) ascertain who of the parties to judicial proceedings have appeared at the session;
 3) ascertain whether the persons absent have received their summonses and why they have failed to appear.

 (2) The clerk of the court session shall report to the court on whether the witnesses, experts, qualified persons, translators and interpreters summoned have appeared in the court session.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) A court may request that a party to judicial proceedings submit the documents specified in subsection 165 (5) of this Code in order to prove the service of a summons. The service of a summons may be also proved by an oral or written confirmation of a person who is not the party who served the summons.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

§ 278.  Translators and interpreters in court sessions

 (1) If an interpreter or translator participates in a court session, the court shall announce his or her name. In the case of a staff interpreter or translator, it shall be explained that he or she has taken the oath of office and is aware of a criminal punishment for a knowingly false interpretation or translation.

 (2) The judge shall explain the rights provided for in subsection 161 (5) of this Code to a non-staff interpreter or translator.

 (3) Before a non-staff interpreter or translator commences interpretation or translation, he or she shall be warned about a criminal punishment for a knowingly false interpretation or translation.

§ 279.  Identification of accused and explanation of rights and obligations to accused

 (1) A judge shall identify the accused and ascertain whether he or she has received a copy of the statement of charges.

 (2) If the accused has not received the statement of the charges against them or a copy of the order to answer those charges, the court shall serve such documents on the accused and, at the request of the accused or the counsel, grant a term for examination of the documents or, if necessary, adjourn the court sitting.

 (3) The rights and obligations provided for in subsection 35 (2) of this section shall be explained to the accused.

§ 280.  [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2801.  Identification of civil defendant and third party

  A judge shall identify a civil defendant and third party and ascertain their relationships with the accused and victim.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 281.  Explanation of rights and obligations to victims, civil defendants and third parties

  A judge shall explain the rights and obligations provided for in §§ 38, 40 and 402 of this Code to victims, civil defendants and third parties.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 282.  Verification of authority of counsels and representatives

  A judge shall verify the authority of counsels and representatives participating in judicial hearing.

§ 283.  Explanation of rights and obligations to experts

  If an expert assessment is arranged outside a state forensic institution, the judge shall explain the rights and obligations provided for in subsections 98 (1) and (2) of this Code to the expert. An expert who has not been sworn in shall be warned about a criminal punishment for rendering a knowingly false expert opinion and his or her signature shall be obtained in proof thereof unless this has been done already in the same criminal matter.

§ 284.  Announcing composition of court, explanation of right to file petitions of challenge, and resolution of requests

 (1) A judge shall announce the composition of the panel of the court and the names of the prosecutor, counsels, representatives, experts, qualified persons, translators, interpreters and the clerk of the court session and explain the right to file petitions of challenge on the bases and in accordance with the rules provided in §§ 49-59, 97, 157 and 162 of this Code to the parties to judicial proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) After resolving any petitions of challenge, a judge shall ask whether the parties have other requests before judicial examination.

 (3) The court shall resolve the requests by an order.

Division 4 Judicial Examination  

§ 285.  Commencement of judicial examination

 (1) A judge announces the commencement of judicial examination and makes a proposal to the prosecutor to make an opening speech.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

 (2) The prosecutor gives an overview of the charges and the evidence which corroborates the charges and which the prosecutor requests to be examined by the court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) After the presentation of the prosecutor, the judge shall ask whether the accused has understood the charges and whether he or she confesses thereto. Thereafter, the judge shall make a proposal to the counsel to present his or her opinion as to whether the charges are justified.

 (4) Where a civil action or a proof of claim in public law was filed in a criminal matter, the judge shall make a proposal to the victim or the representative thereof to provide an overview of the civil action or the proof of claim in public law and the evidence which corroborates it but which were not discussed by the prosecutor in his or her opening speech, or open the civil action or the proof of claim in public law himself or herself.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (5) After the speech of the victim or the representative of the victim or opening of the civil action or the proof of claim in public law by the court, the judge shall make a proposal to the accused, counsel, civil defendant and representative of civil defendant to submit his or her opinion as to whether the civil action or the proof of claim in public law is justified.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 286.  Order of examination of evidence

 (1) Examination of evidence is commenced by examination of the evidence submitted by the prosecutor, followed by the evidence submitted by the counsel and other parties to judicial proceedings.

 (2) The parties to judicial proceedings may agree between themselves that evidence is examined in a different order than the order prescribed in subsection (1) of this section. In such case, the court shall determine the order of examination of evidence according to the agreement of the parties to judicial proceedings by an order which shall be recorded in the minutes of the court session.

§ 2861.  General conditions for acceptance of evidence

 (1) The court shall accept and organise the taking of only such evidence which has relevance to the matter.

 (2) In addition to the cases provided for in subsection (1) of this section, the court may refuse to accept evidence and return the evidence, or refuse to take evidence, if:
 1) the evidence is not accessible and, above all, if the witness's data or location of a document is unknown, or if the relevance of the evidence is disproportionate to the time necessary for taking the evidence or other difficulties related thereto;
 2) the evidence is not listed in the statement of charges or statement of defence and the party to judicial proceedings fails to state a good reason why the person was unable to submit the request earlier;
 3) the need for the presenting or taking of evidence is not substantiated;
 4) any of the bases for refusal to accept evidence specified in this section exists.

 (3) A court makes an order on refusal to accept evidence or refusal to take evidence which shall be recorded in the minutes of the court session.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2862.  Earlier cross-examination in this or another criminal matter

 (1) Testimony given by a person during an earlier judicial hearing in the same criminal matter is admissible as evidence under the same circumstances as testimony that the person would give at the court session held as part of the proceedings in the criminal matter.

 (2) Testimony given by a person during judicial hearing in another criminal matter is admissible as evidence under the same circumstances as deposited testimony or in the case specified in § 294 of this Code.

 (3) Testimony given during earlier cross-examination is admissible as evidence, except in the case a higher court has excluded it due to violations of cross-examination or other procedural rules.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 287.  Hearing of witnesses

 (1) Section 288 of this Code applies to the hearing of witnesses.

 (2) A witness shall be heard in the absence of the witnesses who have not been heard.

 (3) [Repealed - RT I 2008, 32, 198 - entry into force 15.07.2008]

 (4) A witness bearing a fictitious name shall be heard by telephone pursuant to the procedure provided for in subsection 67 (5) and clause 69 (2) 2) of this Code. The participants in proceedings shall submit their questions to the person bearing a fictitious name through the judge.

 (5) At the request of a party or on its own initiative, the court may allow a telehearing to be conducted pursuant to the procedure provided for in § 69 of this Code or use a partition to hide the witness form the accused.

 (6) Witnesses who have been heard shall leave the courtroom only with the permission of the court.

§ 2871.  Application of hearing

 (1) A judge shall identify a witness and ascertain the relationship between the witness and the accused and the victim and the relationship between the victim and the accused.

 (2) The personal data of a witness shall not be disclosed if the witness has been declared anonymous pursuant to § 67 of this Code in order to ensure the safety of the witness.

 (3) At the beginning of hearing a witness, the court explains to the witness the legal bases for refusal to give testimony, the obligation to speak the truth in court, and obtains the signature of the witness to this effect.

 (4) A judge shall warn a witness of at least fourteen years of age that he or she shall be punished pursuant to criminal procedure for his or her for refusal to give testimony without any legal basis or for giving knowingly false testimony.

 (5) A witness who has been acquitted or convicted in the same criminal offence as a joint principal offender or an accomplice shall not be warned about a criminal punishment and he or she shall be explained his or her right to refuse to give testimony.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 288.  Cross-examination

 (1) In a cross-examination, the party to judicial proceedings at whose request the witness has been summoned to the court is the first to examine the witness. If several participants in proceedings have requested a witness to be summoned and they fail to reach an agreement concerning the right of first examination, the court shall determine who is the first to examine the witness.

 (2) It is prohibited to pose leading questions during a first examination without the permission of the court. A first examination is followed by the second examination by the counter-party.

 (3) Leading questions may be posed in the second examination in order to verify the testimony given in the first examination. In the second examination, leading questions shall not be posed concerning new facts without the permission of the court.

 (4) The person who was the first to examine a witness may examine the witness again in order to clarify the answers given in the second examination. Leading questions may be posed without the permission of the court only concerning the new facts treated in the second examination.

 (5) A court may, at the request of a party to judicial proceedings, overrule prohibited or irrelevant questions posed to a witness during cross-examination. The court may, on its own initiative, overrule questions which harm the witness' dignity.

 (51) The provisions of § 2881 of this Code shall be taken into account upon asking leading questions in a cross-examination and granting of permission by court.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (6) The court has the right to pose questions to a witness who has been cross-examined.

 (7) Taking into consideration the mental or physical condition of a witness, the court may prohibit cross-examination and examine the witness on its own initiative or on the basis of the written questions prepared by the parties to judicial proceedings.

 (8) § 66 and subsections 68 (3) and (6) of this Code apply to cross-examination.

 (9) During cross-examination, a party to judicial proceedings may:
 1) use visual aids which are not evidence but help to present the testimony of the witness without being misleading;
 2) submit evidence and documents to the court and question the witness about their authenticity, origin and interconnection thereof;
 3) allow the witness who does not remember the facts relating to a subject of proof to examine a document or another object which may help the witness to recall the facts regardless of the admissibility of such documents or objects as evidence.

 (10) If a witness refuses during cross-examination to answer the question of a party to judicial proceedings, with the exception of the case prescribed in subsection (5) of this section, the court interrupts the cross-examination and decides on the use of the earlier testimony given by the witness as evidence at the request of the party on the basis of clause 291 (1) 2) of this Code regardless of the content of the testimony hitherto given in the cross-examination. In the case specified in this subsection, testimonies obtained in interrupted cross-examinations are evidence only with the consent of the parties.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2881.  Leading questions

 (1) A court may allow to pose leading questions during the first examination if the witness is clearly hostile with respect to the person who examines the witness first, clearly ties to hide the truth or absconds from replying to questions.

 (2) For the purpose of a smoother progress of the hearing of a witness, a court may allow to pose leading questions in other cases if:
 1) the parties consent to thereto;
 2) the question pertains to a fact or contains a statement which is not contested;
 3) the question is necessary to for making an introduction to the object of questioning;
 4) due to the age or state of health of the witness it is difficult for him or her to understand questions which are not leading;
 5) the witness states that he or she does not remember well the circumstances which are the object of the questioning.

 (3) If a party has not applied from the court the exclusion of a question before commencement of replying to it, the party shall be deemed to have agreed to the question and the court need not give a separate permission for leading questions.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2882.  Rights of victims, civil defendants, third parties and accused in cross-examination

 (1) A victim, civil defendant, third party and accused are the first to examine a witness requested by them if the prosecutor or a counsel has not requested the summoning of the same person.

 (2) In the cases not specified in this section, a victim, civil defendant, third party and accused may pose questions to a witness after the cross-examination with the permission of the court, if denial of the request would significantly damage the interests of the participant in proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 289.  Verification of credibility of witnesses

 (1) In order to verify the credibility of the testimony of a witness, the court may, at the request of a party to judicial proceedings, order that the testimony given by the witness in pre-court procedure be disclosed during cross-examination if such testimony is in conflict with the testimony given in the cross-examination.

 (2) Testimony given by a witness in pre-court procedure concerning which the witness has already given testimony in cross-examination may be disclosed.

 (3) In order to verify credibility, other documents or data recordings which contain earlier statements of the witness and which are in conflict with the testimony given during cross-examination may be also disclosed during cross-examination.

 (4) For verification of credibility of a witness, persons to whom the witness has previously made a statement which is in conflict with the testimony given in cross-examination may be heard or interrogated.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2891.  Earlier testimony of witness in court as evidence with possibility of cross-examination

 (1) A court may accept the earlier testimony of a witness used on the basis specified in subsection 288 (9) of this Code for proving the facts relating to the subject of proof, if:
 1) the testimony is deposited; or
 2) the testimony concerns the damage caused to the witness by the criminal offence that is the subject of the proceedings, the testimony was given immediately after the commission of the criminal offence and there is reason to believe that the person remembered such facts considerably better at the time of giving the testimony than during judicial proceedings.

 (2) A court shall accept the earlier testimony disclosed on the basis specified in § 289 of this Code for establishment of the facts relating to a subject of proof, if such testimony has been deposited.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 290.  Specifications concerning hearing of witnesses who are minors

 (1) In the hearing of a witness under fourteen years of age, he or she shall not be cross-examined.

 (2) A court may involve a child protection official, social worker, teacher or psychologist in the hearing of a witness under fourteen years of age who may question the witness with the permission of the judge.
[RT I, 11.07.2013, 1 - entry into force 01.09.2013]

 (3) A judge shall make a proposal to a witness who is a minor of less than fourteen years of age to tell the court everything he or she knows concerning the criminal matter.

 (4) After a witness who is a minor of less than fourteen years of age has given testimony, he or she shall be examined by the prosecutor and counsel in the order determined by the court. The accused may pose questions to the witness through the counsel.

 (5) The court shall overrule inadmissible and irrelevant questions. With the permission of the court, leading questions may be posed to a witness.

 (6) Taking into consideration the mental or physical condition and the age of a witness, the court may suspend the questioning by the parties and examine the witness on its own initiative or on the basis of the written questions prepared by the parties to judicial proceedings.

 (7) If the presence of a minor is not necessary after he or she has been heard, the court shall ask him or her to leave the courtroom.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2901.  Specifications concerning testimony given in pre-court proceedings by witnesses who are minors

 (1) A court may not summon a minor at the request of a party to judicial proceedings and allow to submit the testimony given by the minor in pre-court proceedings as evidence, provided the testimony was video recorded, and the counsel has had the opportunity to pose questions to the witness in pre-court proceedings about the facts relating to the subject of proof, if:
 1) the witness is up to ten years of age and repeated hearing may have a harmful effect on the mind of a minor;
 2) the witness is up to fourteen years of age and the hearing is related to domestic violence or sexual abuse;
 3) the witness is with speech impairments, sensory or learning disabilities or mental disorders.

 (2) If a court finds after examination of the evidence specified in subsection (1) of this section that it is necessary to question a minor about additional circumstances, the court may question the witness on its own initiative or on the basis of a written questions prepared by the parties to judicial proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 291.  Earlier testimony of witness in court without possibility of cross-examination

 (1) At the request of a party to judicial proceedings, a court may accept the testimony earlier given by a witness as evidence if the witness:
 1) has died;
 2) refuses to give testimony in the course of judicial examination;
 3) is unable to give testimony due to his or her state of health;
 4) the whereabouts of the witness cannot be ascertained regardless of reasonable efforts;
 5) fails to appear in court due to other impediment which is permanent or which elimination costs would be disproportionately large, and the party which submitted the request has made all reasonable efforts for taking him or her to court.

 (2) In the case provided for in subsection (1) of this section, a court allows to submit earlier testimony as evidence, if the testimony is deposited pursuant to the procedure provided for in § 691 of this Code or if the earlier hearing was conducted by a competent authority of a foreign state on the basis of a request for assistance and the person cannot be heard by way of telehearing.

 (3) In the cases provided for in clauses (1) 1)-3) of this section, a court may accept, as an exception, a person's earlier testimony which are not deposited, if all of the following criteria are met:
 1) the circumstances relating to giving of testimony and the witness do not give any reason to doubt the credibility of evidence;
 2) a party to judicial proceedings has requested the acceptance of testimony as evidence for proving a fact relevant to the criminal matter as a whole;
 3) the opposing party of the person who requests the evidence has had sufficient opportunity to submit objections to such testimony.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 292.  Disclosure of expert’s report and hearing of expert

 (1) A party to judicial proceedings may request a court to accept an expert's report as evidence. The expert's report is submitted as evidence pursuant to subsections 296 (2)-(4) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) At the request of a party to judicial proceedings, the court may order the hearing of an expert in order to clarify or amend the content of the expert’s report.

 (3) An expert is heard in court pursuant to §§ 2862-2891 and 291 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2921.  Hearing of qualified persons

 (1) A qualified person is heard in court pursuant to §§ 2862-2891 and 291 of this Code.

 (2) If the same person gives testimony in the criminal matter both as a qualified person as well as a witness, he or she shall be heard, if possible, in the course of one procedural act.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 293.  Interrogation of accused

 (1) An accused shall be interrogated in court pursuant to § 2862 and §§ 288-2891 of this Code.

 (2) Upon use of the interrogation of the accused, the court establishes the identity of the accused, explains to the accused the legal bases for refusal to give testimony, the obligation to speak the truth in court, and obtains the signature of the accused to this effect.

 (3) The counsel is the first to interrogate the accused, unless the parties agree otherwise. After the counsel and the prosecutor have questioned the accused, the other accused and the counsels thereof may pose questions to the accused.

 (4) The court may question the accused after the cross-examination.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 294.  Earlier testimony of accused without possibility of cross-examination

  If the accused cannot be cross-examined in a court session, a court may, at the request of a party to judicial proceedings, allow to submit as evidence the testimony given by the accused in pre-court procedure or earlier judicial hearing of this or another criminal matter, if:
 1) the accused refuses to give testimony in the course of judicial examination;
 2) judicial hearing takes place in the absence of the accused.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 295.  Expert assessment in court

 (1) A court may order an expert assessment at the request of a party to judicial proceedings or on its own initiative.

 (2) The parties to judicial proceedings shall pose questions to an expert through the court and in writing. The court shall consider the questions, overrule the questions which are irrelevant or outside the specific expertise of the expert, and prepare the final questions to be submitted to the expert.

 (3) The court shall disclose the final questions to be submitted to the expert and prepare an order on the expert assessment pursuant to § 106 of this Code.

 (4) An expert may participate in the examination of the evidence relating to the object of an expert assessment in court and, with the permission of the court, pose questions to the participants in proceedings with regard to the facts relevant to the conduct of the expert assessment.

 (5) An expert assessment shall be conducted in accordance with §§ 99-104 and 107-108 of this Code.

§ 296.  Submission of data recordings, physical evidence or documents as evidence

 (1) A party to judicial proceedings may request a court to accept data recordings, physical evidence or documents as evidence, taking into account the restrictions provided for in §§ 2891, 2901, 291, 292 and 294 of this Code.

 (2) For disclosure of the minutes of investigative activities or any other documents of a criminal file, a prosecutor shall submit it to the court on his or her initiative or at the request of the other party to judicial proceedings.

 (3) If the court accepts the evidence specified in subsection (1), the party to judicial proceedings which submitted the evidence shall read it out in full or in part or disclose it in another way, taking into account the nature of the specific evidence and the purpose of using thereof. Non-disclosure of evidence is allowed by agreement of parties, if the court finds that this is not contrary to the principle of public access to court sessions.

 (4) A party to judicial proceedings may use, in the course of disclosure of evidence, visual aids which are not evidence but help to present the evidence without being misleading. A party may also submit physical evidence and documents to the court in the course of disclosure of evidence.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 2961.  Submission of evidence in proceedings on civil action and proof of claim in public law

 (1) For adjudication of the civil action or proof of claim in public law, a participant in proceedings may additionally provide evidence which is irrelevant to adjudication of the issue of guilt.

 (2) A court may propose to a participant in proceedings to provide additional evidence for adjudication of a civil action or proof of claim in public law if these do not affect resolution of the issues provided in clauses 306 (1) 1) and 2) of this Code.

 (3) When providing evidence, a participant in proceedings must show which facts relevant to the matter the participant intends to prove by that evidence.

 (4) Evidence must be submitted within the term determined by the court.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 2962.  Dismissal of civil action and proof of claim in public law

 (1) The court may dismiss a civil action or proof of claim in public law if:
 1) the person in whose interests or against whom the civil action or the proof of claim in public law was filed, or the claim therein does not comply with the terms and conditions provided for in subsection 381 (1) or (2), § 371 or subsection 39 (1) of this Code;
 2) the victim has withdrawn the civil action;
 3) the victim has not paid the state fee, if payment of the state fee is mandatory pursuant to law;
 4) criminal proceedings are terminated;
 5) there is any other basis specified by law.

 (2) Dismissal of the civil action and proof of claim in public law shall be formalised by a court order.

 (3) The court shall explain to the victim that dismissal of a civil action or proof of claim in public law shall not exclude filing of the same action by way of civil or administrative court proceedings or issue in administrative proceedings of an administrative act concerning the obligation which was the basis for the proof of claim in public law.

 (4) A victim may withdraw a civil action without the consent of the accused or defendant until the commencement of judicial hearing. With the consent of the accused or defendant, the victim may withdraw the civil action before the court withdraws to the chambers. The victim may withdraw the civil action without the consent of the accused or defendant before the court withdraws to the chambers, if the court finds that it is necessary for making a decision on the action within a reasonable period of time.

 (5) The victim may withdraw a proof of claim in public law until the commencement of judicial hearing.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 297.  Taking of additional evidence in judicial examination

 (1) After examination of the evidence submitted by the parties to judicial proceedings, the court may order the taking of additional evidence at the request of a party to judicial proceedings or on its own initiative.

 (2) In the request, a party to judicial proceedings shall set out the reasons for the need to take additional evidence and for the failure to request taking of additional evidence earlier. The court shall resolve the taking of additional evidence by an order.

 (3) The court may deny a request for the taking of additional evidence on the bases provided for in § 2861 of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 298.  Completion of judicial examination

 (1) At the end of judicial examination, the judge shall ask the parties to judicial proceedings whether they would like to submit requests to supplement the judicial examination of the matter. The court shall resolve the requests by an order.

 (2) After performance of additional court activities, judicial examination shall be completed and the summations shall be commenced.

 (3) At the request of a party to judicial proceedings, the court shall call a recess before the summations.

Division 5 Summations and Final Statement of Accused  

§ 299.  Procedure for summations

 (1) The summations commence by the prosecution speech of the prosecutor. The victims, civil defendants and counsels shall be given the floor in the summations.

 (2) The parties to judicial proceedings have the right to rebut. The counsel or the accused has the right to the final rebuttal.

§ 300.  Content of summations

 (1) In summations, the parties to judicial proceedings may rely only on evidence examined in the course of judicial examination.

 (2) The duration of the arguments is not limited. The judge may interrupt the closing arguments if the arguments refer to circumstances outside the limits of the criminal matter.

 (3) Before the court withdraws to the chambers, the parties to judicial proceedings may submit the texts of their closing arguments for appending to the minutes of the court session.

§ 301.  Withdrawal of charges by prosecutor

  If a prosecutor withdraws the charges during the summations, the court shall make a judgment of acquittal without continuing the proceedings.

§ 302.  Resumption of judicial examination

 (1) If, during the summations, it is necessary to submit new evidence which may have a material effect on resolving the criminal matter, the court may resume judicial examination by an order at the request of a party or on its own initiative.

 (2) After completion of resumed judicial examination, the summations shall be recommenced.

§ 303.  Final statement of accused

 (1) After the summations, the judge shall give the floor to the accused for his or her final statement.

 (2) The duration of the final statement is not limited. The judge may interrupt the speech of the accused if the final statement refers to circumstances outside the limits of the criminal matter.

 (3) Questions shall not be posed to the accused during his or her final statement.

 (4) If in his or her final statement the accused reveals new facts relevant to the criminal matter, the court shall resume judicial examination. After completion of the resumed judicial examination and the new summations, the accused has again the right to the final statement.

 (5) In the case specified in subsection 267 (3) of this Code, the accused does not have the right to the final statement.

§ 304.  Withdrawal of court to chambers

  After the final statement of the accused, the court announces the time of pronouncement of the court judgment and withdraws to the chambers.

Division 6 Making of Court Judgment  

§ 305.  Confidentiality of deliberations by court

 (1) During the making of a court judgment, only the court panel which heard the criminal matter and the court official who is to formalise the court judgment may be present in the chambers.

 (2) The deliberations held in the chambers during the making of a court judgment shall not be disclosed.

§ 3051.  Lawful and reasoned court judgment

 (1) A court judgment shall be lawful and reasoned.

 (2) The court shall base its judgment exclusively on the evidence which was the object of judicial examination, which the parties could examine and on circumstances concerning which the parties could submit their opinion.

 (3) Acceptance of evidence shall not preclude declaration of the evidence inadmissible upon making the court judgement.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 306.  Issues to be resolved when giving judgment and the signing of judgment

 (1) When giving judgment, the court shall resolve the following issues:
 1) whether the act of which the accused is accused occurred;
 2) whether the act was committed by the accused;
 3) whether the act is a criminal offence and on which section, subsection and clause of the Penal Code the legal assessment of the act shall be based;
 4) whether the accused is guilty of the commission of the criminal offence;
 5) whether mitigating or aggravating circumstances exist;
 6) the punishment to be imposed on the accused;
 61) whether commutation shall be granted due to exceeding of the reasonable time of proceedings;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 7) whether the accused is to be released from punishment or whether a substitutive punishment is to be imposed;

 (71) [repealed - RT I, 05.07.2013, 2 - entry into force 15.07.2013]
 8) whether the accused who is a minor is to be punished for the criminal offence committed or whether non-punitive sanctions are to be applied against him or her;
 9) whether new preventive measures are to be chosen or the valid preventive measure is to be maintained, altered or annulled in the case of conviction;
 10) the measures to be applied with regard to the minor children of the accused who are left unsupervised, and to his or her property, if he or she is convicted and sentenced to imprisonment;
 11) whether and to which extent to grant the civil action or the proof of claim in public law or compensate for the damage caused by the criminal offence;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 12) whether it is necessary to take measures for securing a civil action or proof of claim in public law, confiscation or substitution thereof;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 121) whether the amount ordered to be paid under substitution of confiscation is payable at one time or in parts, whereas taking into account the financial situation and chances of re-socialisation of a convicted offender, a court may extend the term for the payment of the amount ordered to be paid in full or in part for up to two years or order payment thereof in instalments on specified dates;
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
 13) how to proceed with regard to physical evidence and other objects taken, seized or subject to confiscation in the criminal procedure;
[RT I 2007, 2, 7 - entry into force 01.02.2007]
 14) the expenses relating to criminal proceedings and the person who is to bear the expenses;
 15) whether the document which contains the data required for payment of the claim and specified in subsection 145 (41) or subsection 159 (3) constitutes an annex to the decision;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
 16) whether and to what extent to grant the request of the person to compensate for damage caused in offence proceedings pursuant to the Compensation for Damage Caused in Offence Proceedings Act.
[RT I, 20.11.2014, 1 - entry into force 01.05.2015]

 (2) The issues listed in subsection (1) of this section shall be resolved separately with respect to each accused and each criminal offence.

 (3) After resolving the issues listed in subsection (1) of this section, a court judgment or the conclusion thereof shall be prepared and all the members of the court panel shall sign the judgment digitally. The assistance of a court official may be used in the formalisation of a court judgment.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (31) A court may make and sign a judgment on paper if compliance with the requirements provided for in subsection (3) of this section is impossible due to reasons independent of the court or members of the panel.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (4) A judge who maintains a minority position shall submit his or her dissenting opinion in writing and the opinion shall be included in the file but shall not be disclosed upon the pronouncement of the court judgment.

 (5) After signing a court judgment, a court may, on its own initiative or at the request of a party to judicial proceedings, correct spelling or calculation mistakes or obvious inaccuracies in the court judgment if such corrections do not affect the content of the judgment. The mistakes shall be corrected by an order the copy of which is sent to persons to whom a copy of the judgment containing mistakes was issued.

§ 307.  Resumption of judicial hearing

 (1) When making a court judgment, a court may resume judicial examination or the summations by an order, if:
 1) a need arises to further ascertain facts relevant for resolving the criminal matter;
 2) the bases provided for in subsection 268 (6) of this Code become evident;
 3) the court identifies an error in the proceedings which is relevant to the making of the court judgment and the error can be corrected.

 (2) In the case specified in clause (1) 2) of this section, a court may conduct resumed proceedings by written procedure by granting a reasonable term to the parties to judicial proceedings for responding to the questions of the court. A court hearing shall be held at the request of the accused or counsel.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 308.  Imposition of sanctions on minors and young adults

  [RT I, 05.12.2017, 1 - entry into force 01.01.2018]
If a court finds as a result of the hearing of a criminal matter that a person who committed a criminal offence as a minor or under the conditions provided for in subsection 87 (7) of the Penal Code when the person was under the age of twenty-one can be influenced without imposing a punishment, the court shall impose the sanctions provided for in § 87 of the Penal Code.
[RT I, 05.12.2017, 1 - entry into force 01.01.2018]

§ 309.  Types and preparation of court judgment

 (1) A court judgment is either a judgment of acquittal or a judgment of conviction.

 (2) A judgment of acquittal is made if a criminal act or a criminal offence is not established in judicial hearing, commission of the criminal offence by the accused is not proved or the prosecutor withdraws the charges.

 (3) A judgment of conviction is made if the court finds as a result of judicial hearing that commission of the criminal offence by the accused is proved.

§ 310.  Decision concerning civil action and proof of claim in public law

  [RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (1) If a court makes a judgment of conviction, the court shall grant the civil action or proof of claim in public law in full or in part or deny or dismiss it.

 (2) If a court makes a judgment of acquittal or terminates criminal proceedings, the civil action or proof of claim in public law shall be dismissed.

 (3) If adjudication of a civil action or proof of claim in public law cannot be ensured without unreasonable adjournment of the hearing of the criminal matter, the court may rule until making of the judgment that the civil action or proof of claim shall be adjudicated in part or in full by a separate judgment. In this case the court may make at first a partial judgment whereby the issues provided in clauses 306 (1) 1)-10) and 12)-14) are resolved.

 (4) In the case provided for in subsection (3) of this section, the court shall continue conducting the proceedings on the civil action or proof of claim in public law with the same or, by a decision of the chairman of the court, with a different panel after entry into force of partial judgment of conviction. The factual circumstances established in the partial judgment of conviction are deemed to be proved upon adjudication of the civil action or proof of claim.

 (5) Parties to judicial proceedings provided for in subsection (4) of this section include victims, accused, defendants and third parties whose rights or obligations may be adjudicated in the proceedings, and the Prosecutor’s Office, if the victim is the state, local authority or another public authority and the Prosecutor’s Office has filed the civil action or proof of claim in public law instead of the representative thereof in accordance with subsection 381 (31), (32) or (33) of this Code.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

 (6) If a partial judgment of conviction is annulled as a result of appellate or cassation proceedings and the criminal matter is referred for a new hearing with regard to the issue of quilt of the person to a lower court which is conducting proceedings on the separated civil action or proof of claim in public law, the hearing of the civil action or proof of claim and the criminal matter shall again be joined in single proceedings.

 (7) If the court makes the judgment provided by subsection (3) of this section, the victim may withdraw the civil action or proof of claim in public law until separate proceedings on these are commenced.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

§ 3101.  Decision concerning restraining order

 (1) At the request of the victim, the court may apply, for protection of private life or other personality rights of the victim on the basis of § 1055 of the Law of Obligation Act, a restraining order with a term of up to three years to an offender convicted of a crime against the person or against a minor.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

 (11) A court may apply a restraining order together with the electronic surveillance provided for in § 751 of the Penal Code with the consent of the suspect or accused. The term of the electronic surveillance may be up to twelve months.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]

 (2) A court shall resolve a request for restraining order in accordance with the rules provided in § 310 of this Code.

§ 311.  Introduction of court judgment

  The introduction of a court judgment shall set out:
 1) that the court judgment is made on behalf of the Republic of Estonia;
 2) the date and place of making the court judgment;
 3) the name of the court which made the judgment, the composition of the panel of the court and the given names and surnames of the prosecutor, counsels, interpreters, translators and the clerk of the court session;
 4) the name, residence or seat and address, personal identification code or, in the absence thereof, date of birth and the place of work or educational institution of the accused;
 5) the criminal record of the accused;
 6) the section, subsection or clause of the Penal Code which provides for the criminal offence of which the accused has been incriminated and in relation to which the accused has been ordered to answer charges or of which they are incriminated in the charges amended in accordance with § 268 of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 312.  Main part of court judgment

  The main part of a court judgment shall set out:
 1) the facts found to be proved in the court hearing, and the evidence relied upon;
 2) the evidence which the court deems to be unreliable and the reasons therefor;
 3) the facts which the court has deemed to be a matter of common knowledge and on which the court relied when making the judgment;
 4) the mitigating and aggravating circumstances;
 5) the reasons for the punishment imposed on the accused;
 6) the reasons for the amendment of the charges, release from punishment, imposition of a substitutive punishment, imposition of a punishment lesser than the minimum rate or term provided for in the Penal Code or for deferral of the execution of the court judgment;

 (61) [repealed - RT I, 05.07.2013, 2 - entry into force 15.07.2013]
 7) the reasons for application, alteration or annulment of preventive measures;
 8) the decision made on the civil action or proof of claim in public law;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 81) a decision on a request to compensate for damage caused in offence proceedings pursuant to the Compensation for Damage Caused in Offence Proceedings Act;
[RT I, 20.11.2014, 1 - entry into force 01.05.2015]
 9) the provisions of procedural law pursuant to which the judgment was made.

§ 313.  Conclusion of judgment of conviction

 (1) The conclusion of a judgment of conviction shall set out:
 1) the name of the accused;
 2) the conviction of the accused pursuant to the corresponding section, subsection or clause of the Penal Code;
 3) the categories and the rates or terms of the punishments imposed on the accused for each of the criminal offences, and the aggregate punishment to be served;
 4) in the case of probation, the duration of the period of probation and a list of the duties imposed on the accused;
 5) reduction of the imposed punishment by one-third pursuant to subsection 238 (2) of this Code in the event of application of alternative procedure;
 51) reduction of the punishment in the case of a criminal offence related to competition pursuant to subsection 2051 (3) of this Code, if applicable;
[RT I 2010, 8, 34 - entry into force 27.02.2010]
 6) the time of commencement of the service of the sentence;
 61) [repealed - RT I, 05.07.2013, 2 - entry into force 15.07.2013]
 7) circumstances relating to the execution of the court judgment;
 8) the preventive measures chosen by the court, or alteration or annulment of the preventive measures applied previously;
 9) the measures to be applied with regard to the unsupervised children and property of the convicted offender;
 10) the decision resolving the civil action or proof of claim in public law and measures to secure the civil action or proof of claim in public law;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 101) a notation with regard to whether the victim has filed the request provided for in clause 38 (5) 2) or 4) of this Code;
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
 11) the measures to be applied with regard to the physical evidence and other objects confiscated or seized in the criminal proceedings;
 12) the decision concerning the expenses relating to the criminal proceedings;
 121) a decision on a request to compensate for damage caused in offence proceedings pursuant to the Compensation for Damage Caused in Offence Proceedings Act;
[RT I, 20.11.2014, 1 - entry into force 01.05.2015]
 13) the rules governing appeals and term for appeals against the court judgment.

 (2) If charges have been brought against the accused for several criminal offences or pursuant to several sections of the Penal Code, the conclusion of the court judgment shall set out the charges on which the accused is acquitted and the charges on which he or she is convicted.

§ 314.  Conclusion of judgment of acquittal

  The conclusion of a judgment of acquittal shall set out:
 1) the name of the person acquitted;
 2) the acquittal of the accused pursuant to the relevant section, subsection and clause of the Penal Code;
 3) annulment of the preventive measures;
 4) annulment of the measures to secure civil action or proof of claim in public law;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 5) the measures to be applied with regard to the physical evidence and other objects confiscated or seized in criminal proceedings;
 51) deletion of data contained in the state register of fingerprints and the state DNA register;
[RT I, 04.07.2012, 1 - entry into force 01.08.2012]
 6) a decision on a request to compensate for damage caused in offence proceedings pursuant to the Compensation for Damage Caused in Offence Proceedings Act;
[RT I, 20.11.2014, 1 - entry into force 01.05.2015]
 7) the procedure and term for appeal against the court judgment.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 315.  Pronouncement of court judgment and explanation of right of appeal

 (1) A judge or, in the case specified in subsection 18 (1) or (3) of this Code, a presiding judge shall pronounce a court judgment at the time announced pursuant to § 304 of this Code.

 (2) If the accused is not proficient in the language of criminal proceedings, the court judgment shall be interpreted or translated for him or her after the pronouncement of the judgment.

 (3) The judge shall ask whether the person acquitted or convicted understands the court judgment and explain the content of the judgment to him or her if necessary.

 (4) A court may decide to pronounce only the conclusion of the judgment, in which case the court shall explain the main reasons for the court judgment orally upon the pronouncement of the judgment.

 (5) After the pronouncement of a court judgment or the conclusion thereof the judge or presiding judge shall:
 1) upon the pronouncement of the conclusion of the court judgment, give notification of the date on which the court judgment will be accessible in court for examination by the parties to judicial proceedings and shall make a corresponding notation in the minutes of the court session;
 2) give notification of the term for appeal against the court judgment and explain the procedure for appeal provided for in § 318 of this Code and the possibility to waive the right of appeal;
 3) explain that the county court must be notified of the intention to exercise the right of appeal in writing within seven days as of the pronouncement of the conclusion of the court judgment, and explain the consequences of notification of the intention to exercise this right pursuant to the second sentence of subsection 319 (1) of this Code.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (6) Waiver of the right of appeal shall be recorded in the minutes of the court session. A counsel may waive the right of appeal only with the written consent of the person defended.

 (7) If all parties to judicial proceedings waive the right of appeal or if during the term provided for in clause (5) 2) of this section none of the parties to judicial proceedings gives notification of the intention to exercise the right of appeal, only the information provided for in § 311, 313 or 314 of this Code shall be set out in the court judgment.

 (8) If the parties to judicial proceedings do not waive the right of appeal, the full court judgment shall be prepared within fifteen days as of the date on which the county court is notified of an intention to exercise the right of appeal.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 3151.  Publication and postponement of time of pronouncement of court judgment and making thereof accessible

 (1) The time of publication of the conclusion of a court judgement and making the court judgement accessible to the parties and the changes thereto shall be published immediately after the determination thereof on the website of a court indicating the number of the criminal matter, the name of the accused who is an adult and the initials of the accused who is a minor and the legal assessment of the criminal offence in which the person is accused pursuant to the relevant section, subsection and clause of the Penal Code. In the case of a judgment made in closed proceedings, the time when the judgment is made public and the changes thereto, the number of the criminal matter and a reference to the fact that the proceedings were conducted as closed proceedings shall be published. The time of making the judgement public shall be removed from the website when 30 days have passed as of making the judgement public.

 (2) Amendment of the time of pronouncement of a court judgment or the conclusion thereof and of making the court judgment accessible to the parties shall be formalised by an order which sets out the new time of pronouncement of a court judgment or the conclusion thereof or of making the court judgment accessible to the parties. The order shall be accessible to the parties to judicial proceedings for examination in court not later than on the date for which the pronouncement of a court judgment or the conclusion thereof or of making the court judgment accessible to the parties was initially determined.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 316.  Release of accused held in custody upon making of court judgment

  The accused who is held in custody shall be released immediately in the courtroom if he or she is:
 1) acquitted;
 2) released from punishment;
 3) he or she is not sentenced to imprisonment.

§ 317.  Issue of copies and printout of judgments

  [RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (1) A court judgment may be examined in court after the judgment has been pronounced or made public. At the request of a party to judicial proceedings, a copy or printout of the court judgment shall be submitted to him or her. A court shall send a copy of the decision to a party to judicial proceedings who did not participate in the pronouncement of the judgment.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) If the accused is held in custody, a copy or printout of the court judgment shall be sent to or served on him or her immediately after the court judgment has been pronounced or communicated through the court.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

Chapter 11 PROCEDURE FOR APPEALS  

Division 1 Appealing to Circuit Court  

§ 318.  Right of appeal

 (1) If a party to judicial proceedings does not consent to the judgment of the court of first instance, the party has the right to file an appeal. The party to judicial proceedings who files an appeal is the appellant in proceedings on that appeal.

 (2) A defendant may file an appeal concerning the civil action or proof of claim in public law.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]

 (21) The third party may file an appeal against a court judgment with regard to his or her rights or freedoms which are protected by law.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

 (22) A person may file an appeal even if he or she finds that he or she should have been involved in the proceedings as a victim or a third party. In this case a circuit court shall decide in preliminary proceedings by an order whether the person has to be involved in the proceedings as a victim or a third party.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (3) An appeal may not be filed:
 1) by the accused against a judgment of acquittal made by alternative procedure or expedited procedure;
 2) by the Prosecutor’s Office against a judgment of conviction made by alternative procedure or expedited procedure, except in the part where a civil action or claim of proof in public law is denied or it is granted partially, if the victim is the state, local authority or another public authority and the Prosecutor’s Office has filed the civil action or proof of claim in public law instead of the representative thereof in accordance with subsection 381 (31), (32) or (33) of this Code;
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]
 3) against a judgment made by summary procedure;
 4) against a judgment made by settlement procedure, except in the cases specified in subsection (4) of this section;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 5) by the Prosecutor’s Office against a judgment of acquittal made on a basis provided for in § 301 of this Code.

 (4) A party to judicial proceedings may file an appeal against a judgment made by settlement procedure in the case of a violation of the provisions of Division 2 of Chapter 9 or subsection 339 (1) of this Code. The accused and the counsel may also file an appeal against a judgment made by settlement procedure in the case the act described in the settlement is not a criminal offence, the legal assessment thereof according to the Penal Code is incorrect or if a punishment which is not prescribed by law is imposed on the accused.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 319.  Term for appeal

 (1) The court which made the conclusion of a judgment shall be notified in writing of a wish to exercise the right of appeal within seven days as of the pronunciation of the judgment. If a party to judicial proceedings gives notification of the intention to exercise the right of appeal during the specified term and does not waive it, the remaining parties to judicial proceedings have the right of appeal regardless of whether they themselves have given notification of the intention to exercise the right of appeal. Notice of the intention to exercise the right of appeal may be also given by electronic means.

 (2) An appeal is submitted to a circuit court in writing within 15 days as of making the judgment public.

 (3) The accused under arrest or his or her counsel may file an appeal within 15 days as of the date following the date of service of a copy of the court judgment on the accused.

 (4) The appeal shall be dismissed and returned on the basis of a court order if the term for appeal has expired.

 (5) A term for appeal shall suspend upon submission of an application for state legal aid. In such case the term of appeal shall recommence as of the service of the order on adjudication of an application for state legal aid on the counsel or as of refusal to grant state legal aid.

 (6) If the court, when resolving a criminal matter, declares in the conclusion of its judgment the legislation of general application subject to application to be in conflict with the Constitution and refuses to apply the legislation of general application, the term for appeal against the legislation of general application which is not applied shall be calculated as of pronunciation of the decision made by way of constitutional review of the Supreme Court.

 (7) A circuit court may restore a term for appeal at the request of the appellant if the court finds that the term was allowed to expire for good reason. The circuit court shall make an order on the restoration of or refusal to restore the term.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 320.  Requirement to submit court file and examination of file

  [RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (1) Immediately after receipt of an appeal, a circuit court shall require the county court which conducted proceedings in the matter to submit the court file. After receipt of a request to submit a court file, the county court shall immediately send it to the circuit court.

 (2) The accused has the right to examine the court file through his or her counsel.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 321.  Appeal

 (1) Appeals shall be prepared in typewritten form. The accused held in custody may also prepare an appeal in clearly legible handwriting. Appeals prepared by the Prosecutor’s Office or a counsel shall be also forwarded to a court by electronic means.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

 (2) An appeal shall set out:
 1) the name of the circuit court with which the appeal is filed;
 2) the name, status in the proceedings, residence or seat and address and telephone number of the appellant;
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
 3) the name of the court which made the judgment, the date of the judgment, and the name of the accused with regard to whom the judgment is contested;
 4) which part of the court judgment is contested, the content of and reasons for the claims of the appellant, and the requests of the appellant;
 5) the evidence to be examined in the circuit court at the request of the appellant, and the name and residence or seat and address of the person requested to be summoned to a session of the court of appeal;
 51) whether the appellant requests an oral procedure;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 6) whether the accused wishes to participate in the hearing of the criminal matter in the circuit court or requests that the criminal matter be heard without his or her participation;
 7) whether the accused chooses his or her counsel in the appeal proceedings himself or herself or requests the court to appoint a counsel;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 8) a list of the documents appended to the appeal.

 (3) An appeal shall be signed and dated by the appellant.

 (4) If the accused chooses his or her counsel himself or herself, the address and the telephone number of the counsel shall be indicated in the appeal.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (5) Copies of an appeal for the accused whose interests are concerned by the appeal shall be appended to the appeal. The accused held in custody is not required to append copies of the appeal.

 (6) In an appeal, the appellant may rely on evidence not examined in the county court only if he or she submitted the evidence to the county court and it was not accepted or if he or she was unable to submit the evidence to the county court for a good reason not depending on him or her.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 3211.  Amendments to appeals

 (1) An appellant may amend and supplement a submitted appeal until the end of the term for appeal, and also extend the appeal to the parts of the court judgment which were initially not appealed. Upon amendments to appeals, the provisions concerning appeals shall be observed.

 (2) The provisions of subsection (1) of this section do not preclude or restrict the appellant's right to submit allegations concerning the interpretation of law, objections against the submissions of the other party to appeal proceedings in those proceedings, or the right to submit new facts or circumstances which arose or became known to the appellant after the expiry of the term for appeal.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 322.  Notification of appeal

 (1) A circuit court shall give notification of the filing of an appeal to such parties to judicial proceedings whose interests are concerned by the appeal within three days as of the receipt of the appeal.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) Together with the notice, a copy of the appeal shall be sent to the accused whose interests are concerned by the appeal.

 (3) A party to judicial proceedings has the right to submit written explanations and objections concerning an appeal to the circuit court within seven days as of the receipt of a notice concerning the filing of the appeal.

 (4) An objection of a party to judicial proceedings shall set out whether oral procedure is requested.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 323.  Refusal to proceed with or dismissal of appeal by court which made judgment

  [Repealed - RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 324.  Referral of court file to circuit court

  [Repealed - RT I, 19.03.2015, 1 - entry into force 29.03.2015]

Division 2 Preliminary Proceedings in Circuit Court  

§ 325.  Preparation for judicial hearing in the circuit court

 (1) In the course of preparations for the judicial hearing of a criminal matter, the court shall:
 1) verify the jurisdiction over the criminal matter and compliance with the requirements provided for in §§ 318, 319, 321 and 322 of this Code;
 2) hold a preliminary hearing if the grounds provided for in § 327 of this Code become evident.

 (2) If the requirements provided for in §§ 318, 319, 321 and 322 of this Code are complied with and there are no bases for holding a preliminary hearing, the judge shall determine the time of the court session and perform the acts provided for in §§ 329 and 330 of this Code.

§ 326.  Refusal to proceed with appeal or dismissal of appeal

  [RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (1) If an appeal is not in compliance with the requirements provided for in § 321 of this Code, the judge shall, by an order, refuse to proceed with the appeal and set a term for the elimination of deficiencies.

 (2) A judge shall prepare an order on dismissal of the appeal and return the appeal to the appellant if:
 1) the appeal was filed after the expiry of the term for appeal provided for in § 319 of this Code and a request for restoration of the term has not been filed or the court has refused to restore the term;
 2) the appellant fails to notify the court which made a judgment in writing of the intention to exercise the right of appeal during the term provided for in subsection 319 (1) of this Code, if notification is mandatory;
 3) the appeal was filed by a person who, pursuant to § 318 of this Code, does not have the right of appeal;
 4) the appellant has failed to eliminate the deficiencies contained in the appeal within the term or to substantiate such failure;
 5) the appeal is discontinued before the beginning of the court session.

 (3) A circuit court may also dismiss an appeal if the court panel hearing the criminal matter unanimously finds that the appeal is clearly unfounded.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 327.  Grounds for holding preliminary hearings in circuit court

 (1) A preliminary hearing shall be held:
 1) if a material violation of criminal procedural law provided for in subsection 339 of this Code is established which cannot be eliminated in appeal proceedings;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 2) in other cases where the judge considers the holding of a preliminary hearing necessary.

 (2) Preliminary hearings shall be held pursuant to subsections 259 (2)-(4) and §§ 260 and 261 of this Code by a panel of at least three judges.

§ 328.  Jurisdiction of court in preliminary proceedings

 (1) A judge or, in a preliminary hearing, a court shall:
 1) make an order directing the criminal matter to be heard under the procedure for appeals if there are no circumstances which may hinder proceedings or if such circumstances can be eliminated;
 2) annul the court judgment by an order and send the criminal matter for a new hearing to the court of first instance on the grounds provided for in § 339 of this Code;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 3) resolve other issues relating to preparations for the judicial hearing by an order.

 (2) Within three days after a court order is made, a copy of the order shall be sent to the parties to the judicial proceedings whose interests are concerned by the order.

§ 329.  Ordering of hearing of criminal matter in circuit court

 (1) An order directing the criminal matter to be heard under the procedure for appeals shall set out:
 1) the date and place of the court session;
 2) the names of the persons summoned to the court session;
 3) whether the criminal matter is to be heard in a public court session or in camera.

 (2) An order shall set out any requests that were denied. Appeals may not be filed against the denial of a request but the request may be re-submitted at judicial hearing.

§ 330.  Summoning to court session

  The parties to judicial proceedings shall be summoned to a session by a summons pursuant to §§ 163-169 of this Code.

Division 3 Judicial Hearing in Circuit Court  

§ 331.  Rules for and scope of hearing of criminal matter under procedure for appeals

 (1) A circuit court shall hear a criminal matter under the procedure for appeals pursuant to the provisions of Chapter 10 of this Code, taking into account the specifications provided for in this Division. The provisions of §§ 1631 and 2681 of this Code do not apply at judicial hearing in the circuit court.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

 (11) Generally, a circuit court shall consider a criminal matter by written procedure. In this case, the circuit court shall determine and announce to the parties to appeal proceedings:
 1) the court panel;
 2) the term during which the parties to appeal proceedings may submit their written positions and petitions of challenge and other requests to the court, and the method for submission thereof;
 3) the time and method for making the judgment public;
 4) other circumstances which the circuit court deems necessary.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (12) A criminal matter shall be considered by oral procedure if this has been requested by a party to appeal proceedings or if this is deemed necessary by the circuit court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (13) If a summons cannot be served on the appellant using the contact details of the appellant as indicated in the appeal, a court may dismiss the appeal or consider the appeal by written procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A circuit court shall hear a criminal matter within the limits of the appeal filed.

 (3) A circuit court shall extend the limits of hearing a criminal matter to all the persons accused regardless of whether an appeal has been filed with regard to them, if a material violation of criminal procedural law or incorrect application of substantive law which has aggravated the situation of the accused becomes evident.

 (4) An appellant or the other parties to judicial proceedings do not have the right to exceed the scope of the appeal at judicial hearing of the criminal matter.

§ 332.  Court sessions in circuit court

 (1) Upon application of a court session in a circuit court, the presiding judge shall:
 1) open the court session and announce the criminal matter to be heard and the name of the person who filed the appeal;
 2) ascertain whether the persons summoned have appeared in the session;
 3) ascertain the reasons for failure to appear when summoned;
 4) involve an interpreter or translator, if necessary, pursuant to subsection 161 (1) of this Code;
 5) identify the accused and explain the rights prescribed in § 35 of this Code to him or her and verify whether the accused and his or her counsel have had enough time to prepare for the court session following their receipt of a copy of the appeal;
 6) perform the procedural acts listed in §§ 2801-284 of this Code.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

 (2) The presiding judge or a member of the court panel shall present the content of the appealed part of the court judgment, the reasons for the appeal, and the requests, and give an overview of the documents received.

 (3) After the presentation, the presiding judge shall explain the right to discontinue the appeal and the consequences of discontinuance to the appellant pursuant to § 333 of this Code and ask whether the appellant will proceed with the appeal or discontinue the appeal in full or in part.

§ 333.  Discontinuance of appeal

 (1) An appellant has the right to discontinue the appeal in full or in part before the end of the summations. Discontinuance of the appeal is binding on the circuit court, except in the cases provided for in subsection (6) of this section.

 (2) A counsel may discontinue an appeal of the accused only with the written consent of the person being defended.

 (3) An authorised representative may discontinue an appeal only at the written request of the principal.

 (4) The accused may discontinue an appeal of the counsel, except in the cases where the participation of a counsel in criminal proceedings is mandatory pursuant to subsection 45 (2) of this Code.

 (5) If an appeal is discontinued before the beginning of the court session, the appeal shall be dismissed by a court order. If an appeal is discontinued during judicial hearing, appeal proceedings shall be terminated by a court order.

 (6) If a circuit court ascertains that a court of first instance has incorrectly applied substantive law when resolving the criminal matter and has thereby aggravated the situation of the accused or that a court of first instance has materially violated criminal procedural law, the hearing of the criminal matter shall be continued regardless of discontinuance of the appeal.

 (7) If the appeal is dismissed or appeal proceedings are terminated due to discontinuance of the appeal, the judgment of the court of first instance shall, in the absence of other appeals, enter into force as of the making of the court order.

 (8) An appellant who has discontinued the appeal does not have the right to contest the judgment of the circuit court by way of cassation proceedings unless the circuit court has extended the limits of the hearing of the criminal matter pursuant to subsection 331 (3) of this Code.

§ 334.  Participation of accused and other parties to judicial proceedings in circuit court sessions

 (1) A circuit court may hear a criminal matter in the absence of the accused with regard to whom the court judgment has been contested if:
 1) the accused has received the summons and a copy of the appeal and notified the court that he or she does not wish to participate in the court session;
 2) the accused has received the summons and a copy of the appeal and requested adjournment of judicial hearing for a reason which the court does not deem to be good reason;
 3) the accused has received the summons and a copy of the appeal and has failed to appear at the court session;
 4) the accused has been removed from the courtroom on the basis of subsection 267 (1) of this Code;
 5) the accused absconds the court.

 (2) Participation of the other parties to judicial proceedings in a circuit court session shall be decided by the court pursuant to the procedure provided for in §§ 270-273 of this Code.

 (3) With the consent of the prosecutor and with the permission of the circuit court, the prosecutor may participate in a session of the circuit court by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) If an appellant fails to appear at a court session without giving the court a good reason for failure to appear or has not substantiated it, the court may dismiss the appeal by an order or hear the criminal matter in the absence of the appellant.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 335.  Judicial examination in circuit court

 (1) In a circuit court, judicial examination shall be conducted pursuant to the provisions of §§ 286-298 of this Code.

 (2) In the course of judicial examination, a circuit court may disclose the minutes of a session of the court of first instance.

§ 336.  Summations

 (1) The summations commence by the arguments of the appellant. Thereafter, the other parties to judicial proceedings shall be given the floor in the order determined by the court. The parties to judicial proceedings have the right to rebut. The counsel or the accused has the right to the final rebuttal.

 (2) The duration of the arguments is not limited. The presiding judge may interrupt the arguments if the limits of the appeal are exceeded.

 (3) After the summations, the court shall announce the date when the decision will be accessible to the parties to judicial proceedings in the circuit court. The court may pronounce the judgment or the conclusion of the judgment immediately after deliberations.

§ 337.  Jurisdiction of circuit court in making of decision

 (1) A circuit court may, by a judgment:
 1) refuse to amend a judgment of a court of first instance, and deny the appeal;
 2) refuse to make substantive amendments to a judgment of a court of first instance and make corrections thereto;
 3) amend the main part of a judgment of a court of first instance and exclude facts presented therein;
 4) annul a judgment of a court of first instance in full or in part and make a new judgment.

 (2) A circuit court may, by an order:
 1) annul a court judgment and terminate criminal proceedings on the grounds precluding criminal procedure pursuant to clauses 199 (1) 2)-6) of this Code;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 2) annul a court judgment in full or in part and return the criminal matter to the court of first instance for a new hearing;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 3) annul the court judgment made by settlement procedure in full and send the criminal file to the Prosecutor’s Office.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 338.  Grounds for annulment of court judgment under procedure for appeals

  The grounds for the annulment of a court judgment under the procedure for appeals are:
 1) one-sidedness or insufficiency of judicial examination;
 2) incorrect application of substantive law;
 3) material violation of criminal procedural law;
 4) non-conformity of the imposed punishment or any other sanction with the degree of the criminal offence or the person of the convicted offender.

§ 339.  Material violation of criminal procedural law

 (1) Violation of criminal procedural law is material if:
 1) the decision is made in a criminal matter by an unlawful court panel;
 2) the criminal matter is heard in the absence of the accused although the participation of the accused in the hearing of the matter is mandatory;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 3) judicial proceedings were conducted without the participation of a counsel although the participation of the counsel is mandatory;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 4) judicial proceedings were conducted without the participation of a prosecutor although the participation of the prosecutor is mandatory;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 5) the confidentiality of deliberations is violated in the making of a court judgment;
 6) a court judgment is not signed by all members of the court panel;
 7) a court judgment does not contain the reasons for the judgment;
 8) the conclusions presented in the conclusion of a court judgment do not correspond to the facts established with regard to the subject of proof;
 9) a criminal matter is heard without the participation of an interpreter or translator in a language in which the accused is not proficient;
 10) minutes are not taken of a court session, with the exception of the matters heard by summary procedure;
[RT I 2004, 46, 329 - entry into force 01.07.2004]
 11) [repealed - RT I, 19.03.2015, 1 - entry into force 29.03.2015]
 12) the principle of fair and equitable judicial procedure was violated at judicial hearing.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A court may declare any other violation of criminal procedural law to be material if such violation results or may result in an unlawful or unfounded court judgment.

§ 340.  Making of new judgment in circuit court

 (1) A circuit court shall make a new judgment on the basis of a request submitted in an appeal or regardless of such request if the court ascertains incorrect application of substantive law or material violation of criminal procedural law which has aggravated the situation of the accused.

 (2) If a circuit court makes a new judgment, the court may:
 1) acquit the accused with regard to all the criminal offences;
 2) acquit the accused with regard to some of the criminal offences and impose a lesser punishment or refuse to amend the punishment;
 3) convict the accused of a lesser criminal offence and impose a lesser punishment or refuse to amend the punishment;
 4) annul the judgment of the court of first instance as regards imposition of the punishment and impose a lesser punishment on the accused;
 5) annul the court judgment with regard to the civil action or proof of claim in public law;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
 6) annul the court judgment with regard to issues provided for in §§ 313 and 314 of this Code.

 (3) If incorrect application of the provisions of substantive law is ascertained, the court shall apply the provisions of subsection (1) of this section also with regard to the other accused persons regardless of whether they have filed an appeal.

 (4) On the basis of an appeal filed by the Prosecutor’s Office or a victim, a circuit court may:
 1) convict the accused of a more serious criminal offence and impose a more severe punishment or refuse to amend the punishment;
 2) annul the judgment of acquittal and make a judgment of conviction;
 3) convict the accused of a criminal offence with regard to which he or she has been acquitted, and impose a punishment on him or her;
 4) annul the judgment of the court of first instance in the part of the punishment and impose a more severe punishment;
 5) annul the court judgment with regard to issues provided for in §§ 313 and 314 of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 341.  Return of criminal matters to the court of first instance to be heard anew

 (1) If a circuit court establishes material violation of criminal procedural law pursuant to clauses 339 (1) 1)-5) or 9)-10) of this Code, its shall annul the court judgment and return the criminal matter to the county court to be heard anew by a different court panel.

 (2) If a circuit court establishes material violation of criminal procedural law pursuant to clauses 339 (1) 6)-8) or 11) of this Code, its shall annul the court judgment and return the criminal matter to the county court to be heard anew by the same or a different court panel.

 (3) If a circuit court establishes material violation of criminal procedural law specified in clause 339 (1) 12) or subsection (2) of this Code which cannot be eliminated in appeal proceedings, it shall annul the court judgment and return the criminal matter to the county court to be heard anew by the same or a different court panel.

 (4) The circuit court shall determine in which part the judicial proceedings are to be supplemented or repeated at the county court when it sends the criminal matter to be heard anew by the same court panel. If the material violation of criminal procedural law only concerns the making of a court judgment, the circuit court shall send the criminal matter to the circuit court for making a new court judgment. Regardless of what is indicated in the order of the circuit court, the county court shall perform, when hearing the criminal matter anew, additional procedural acts which are necessary, in the opinion of the court, for dealing with the criminal matter justly.

 (5) If a circuit court annulled a court judgment only on the basis of an appeal of the accused or counsel, the court of first instance may, when hearing the criminal matter anew, convict the accused of a more serious criminal offence but shall not impose a more severe punishment on the accused than the punishment imposed by the annulled judgment of the court of first instance. In the case specified in the previous sentence, the court shall not apply any other legal consequences to the accused which would aggravate the situation of the accused in comparison with the annulled judgment of the court of first instance.

 (6) If one of the bases for the annulment of a court judgment by a circuit court was the appeal of the Prosecutor’s Office or a victim which applied for aggravation of the situation of the accused, the courts of first instance may aggravate the situation of the accused when re-haring the criminal matter. The court of first instance may, in a new hearing of the criminal matter, aggravate the situation of the accused even in the case this was applied for in the appeal of the Prosecutor’s Office or the victim and which reasons the circuit court was unable to assess upon referral of the criminal matter for hew hearing.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 3411.  Annulment of court judgments made by settlement procedure and return of criminal files to Prosecutor’s Office

  A circuit court shall annul a court judgment made by settlement procedure and return the criminal file to the Prosecutor’s Office if it establishes that:
 1) the act described in the settlement is not a criminal offence or the legal assessment thereof according to the Penal Code is incorrect;
 2) a punishment which is not prescribed by law is imposed on the accused;
 3) the provisions of Division 2 of Chapter 9 or subsection 339 (1) of this Code have been violated and such violation cannot be eliminated in judicial proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 342.  Judgment of circuit court

 (1) A judgment of a circuit court shall be made pursuant to §§ 305-314 of this Code, taking into account the specifications provided for in this section.

 (2) The introduction of a judgment of a circuit court shall set out:
 1) the appealed court judgment;
 2) the content of the appealed part of the judgment of the court of first instance and the content of the requests of the appellant.

 (3) If a circuit court refuses to amend a judgment of a court of first instance pursuant to clauses 337 (1) 1) and 2) of this Code, the court:
 1) need not repeat the facts set out in the main part of the judgment of the court of first instance in the judgment of the circuit court and may, if necessary, add the reasoning of the circuit court;
 2) may limit the judgment thereof to the introduction, conclusion and the provisions of procedural law pursuant to which the judgment was made.

§ 3421.  Obligation to comply with decision of circuit court

  The positions of a circuit court concerning the interpretation and application of a provision of law contained in the decision of the circuit court whereby a judgment of a county court is annulled are mandatory to the court which made the annulled judgment in the new hearing of the matter.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 343.  Pronouncement of judgment of circuit court and service of copies of judgment

 (1) After the summations, the circuit court shall announce the time when the court judgement is pronounced or the day when the decision will be accessible to the parties to judicial proceedings at circuit court.

 (2) If a circuit court pronounces a court judgment or the conclusion of the judgment immediately after deliberations, provisions of §§ 315 and 316 of this Code apply.

 (3) Copies of a judgment of a circuit court shall be served in accordance with § 317 of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 3431.  Return of criminal file on referring the criminal matter to be heard anew under general procedure by the court of first instance

 (1) When a circuit court refers a criminal matter heard under general procedure to the court of first instance to be heard anew by a different panel of the court, the circuit court shall send to the county court, together with its order, only the materials of the criminal matter specified in § 226 and subsection 268 (2) of this Code. The remainder of the court file shall be returned to the Prosecutor’s Office which shall append it to the criminal file.

 (2) The parties to judicial proceedings have the right to examine the materials of the court file appended to the criminal file pursuant to the procedure provided for in § 224 of this Code.

 (3) In the cases not specified in subsection (1) of this section, the whole court file shall be sent to the county court upon entry into force of the order of the circuit court.

 (4) If it becomes evident in the county court that the criminal matter cannot be re-heard by the same court panel, the county court shall return the materials of the criminal matter not specified in the first sentence of subsection (1) of this section to the Prosecutor’s Office.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 12 CASSATION PROCEDURE  

Division 1 Appeal to Supreme Court  

§ 344.  Right of appeal in cassation

 (1) A party to judicial proceedings has the right of appeal in cassation on the grounds provided for in § 346 of this Code, if:
 1) the right of appeal has been exercised in the interests or against the party;
 2) a circuit court has amended or annulled the judgment of a county court.

 (2) The person who files a civil action and proof of claim in public law and defendants have the right of appeal in cassation as concerns a civil action or proof of claim in public law.
[RT I, 05.02.2019, 2 - entry into force 15.02.2019]

 (21) A third party may file an appeal in cassation against a court judgment with regard to his or her rights or freedoms which are protected by law.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

 (22) A person may file an appeal in cassation also when if he or she finds that he or she should have been involved in the proceedings as a victim or a third party. In this case the Supreme Court, when deciding on the acceptance of the appeal, shall also decide whether the person is to be joined to proceedings as a victim or as a third party.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (3) The following have the right to file an appeal in cassation:
 1) the Prosecutor’s Office;
 2) an advocate who is a criminal defence counsel;
 3) other parties to judicial proceedings, enlisting the assistance of an advocate to file the appeal.

 (4) An appellant in cassation is the prosecutor or advocate who filed the appeal in cassation or supports the appeal at a session of the Supreme Court.

 (5) An appellant in cassation, the Prosecutor’s Office and a counsel or representative who is an advocate of the party to judicial proceedings whose interests are concerned by the appeal in cassation are parties to cassation proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) The Republic of Estonia may also file an appeal in cassation and participate in cassation proceedings as a victim, civil defendant or third party without the assistance of a representative who is an advocate.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 345.  Term for cassation

 (1) A circuit court shall be notified in writing of a wish to exercise the right of appeal in cassation within seven days after the conclusion of a court judgment is pronounced or communicated through the court office. If a party to judicial proceedings gives notification of the intention to exercise the right of appeal in cassation during the specified term and does not waive it, the remaining parties to the proceedings have the right of cassation regardless of whether they themselves have given notification of the intention to exercise that right. Notice of the intention to exercise the right of appeal in cassation may be also given by electronic means.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) An appeal in cassation is submitted to the Supreme Court in writing within 30 days as of making the judgment public.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (3) The appeal in cassation shall be dismissed and the appeal shall be returned by a conclusion of the Supreme Court if the term for filing an appeal in cassation has been allowed to expire.

 (31) A term for cassation shall suspend upon submission of an application for state legal aid. In such case the term for cassation shall recommence as of the service of the order resolving the application for state legal aid on the counsel or as of refusal to grant state legal aid.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) If the circuit court, when resolving a criminal matter, declares in the conclusion of its judgment the legislation of general application subject to application to be in conflict with the Constitution and refuses to apply the legislation of general application, the term for cassation against the legislation of general application which is not applied shall be calculated as of pronunciation of the decision made by way of constitutional review of the Supreme Court.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (5) At the request of an appellant in cassation, the Supreme Court may restore the term for cassation if the Court finds that the term was allowed to expire for good reason.

 (6) Restoration of the term or refusal to restore the term shall be formalised by an order of the Supreme Court.

§ 346.  Bases for appeal in cassation

  The bases for an appeal in cassation are:
 1) incorrect application of substantive law;
 2) material violation of criminal procedural law in the case specified in § 339 of this Code.

§ 347.  Appeal in cassation

 (1) Appeals in cassation shall be in typewritten form. An electronic copy of an appeal in cassation shall be added to the appeal.

 (2) An appeal in cassation shall set out:
 1) the name, status in proceedings, address of the seat, phone number and other telecommunications numbers of the appellant in cassation;
 2) the name of the court which made the contested decision, and the date of the decision;
 3) the name of the party to judicial proceedings in whose interests or against whom the appeal in cassation is filed, the address of the residence or seat, phone number and other telecommunications numbers of the party;
 4) bases for the appeal in cassation according to § 346 of this Code and a reference to the relevant provisions of substantive law or criminal procedural law;
 5) the facts which were established by the court judgment or the evidence examined by the court on the basis of which the appellant in cassation proves that substantive law has been applied incorrectly or criminal procedural law has been materially violated;
 6) a list of documents which the appellant in cassation considers necessary to submit additionally in cassation proceedings in order to establish a material violation of criminal procedural law;
 7) the content of and reason for the request of the appellant in cassation;
 8) [repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 9) justification of the necessity of oral procedure if the appellant in cassation applies for oral procedure;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 10) a list of the documents appended to the appeal in cassation.

 (3) A document certifying the authority of the appellant in cassation shall be appended to the appeal in cassation if the appellant in cassation is an advocate and such the corresponding authorisation document does not appear in the court file.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) An appeal in cassation shall be signed and dated by the appellant in cassation.

§ 3471.  Amendments to appeal in cassation

 (1) An appellant in cassation may amend and supplement a submitted appeal in cassation until the end of the term for cassation, and also extend the appeal in cassation to the parts of the court judgment which were initially not appealed. Upon amendments to appeal in cassation, the provisions concerning appeals in cassation shall be observed.

 (2) The provisions of subsection (1) of this section do not preclude or restrict the right of the appellant in cassation to submit allegations concerning the interpretation of law and objections against the submissions of the other party to cassation proceedings made in the cassation proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 348.  Requirement to submit court file and examination of file

  [RT I, 06.01.2016, 5 - entry into force 16.01.2016]

 (1) Immediately after receipt of an appeal in cassation, the Supreme Court shall require the circuit court which conducted proceedings in the matter to submit the court file. After receipt of a request to submit a court file, the circuit court shall immediately send it to the Supreme Court.

 (2) Persons who have the right to file an appeal in cassation have the right to examine the court file.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

Division 2 Preliminary proceedings in the Supreme Court  

§ 3481.  Giving notice of appeal in cassation and response to appeal in cassation

 (1) After receipt of an appeal in cassation which meets the requirements, the Supreme Court shall send a copy thereof to the person specified in subsection 344 (3) of this Code whose interests are concerned by the appeal in cassation, and inform such person of the following circumstances:
 1) the time of receipt of the appeal in cassation by the Court;
 2) the obligation of the person to respond to the appeal in cassation within the term set by the court;
 3) the mandatory contents of the response.

 (2) A response to an appeal in cassation shall, inter alia, indicate the following:
 1) whether any circumstances exist which prevent proceedings on the appeal in cassation;
 2) whether or not the appeal in cassation should be accepted;
 3) whether the party to the cassation proceedings considers the appeal in cassation to be justified or intends to contest it;
 4) objections to the appeal in cassation;
 5) justification of the necessity of oral procedure if the person submitting the response to the appeal in cassation applies for oral procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 349.  Decision on acceptance or rejection of appeal in cassation

 (1) Within a reasonable period of time after the expiry of the term for giving response to an appeal in cassation, the Supreme Court shall, by order, decide to accept or reject the appeal.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) If an appeal in cassation is clearly justified or clearly unjustified, acceptance or rejection of the appeal in cassation may be resolved without sending the appeal in cassation to the other persons or before the expiry of the term specified in subsection (1) of this section.

 (3) An appeal in cassation shall be accepted if at least one justice of the Supreme Court finds that:
 1) the allegations made in the appeal in cassation give reason to believe that the circuit court has applied substantive law incorrectly or has materially violated criminal procedural law;
 2) the appeal in cassation contests the correctness of application of substantive law or requests annulment of the judgment of a circuit court due to material violation of criminal procedural law, and a judgment of the Supreme Court is essential for the uniform application of law or for development of the law.

 (4) Acceptance or rejection of an appeal in cassation shall be formalised by order of the Supreme Court without setting out the reasons for the acceptance or rejection.

 (5) The results of resolution of requests for acceptance of appeals in cassation shall be immediately published on the website of the Supreme Court indicating the number of the court case, names of the participants in proceedings and the legal assessment of the criminal offence which form the content of the charges. In the case of resolution of requests for acceptance of appeals in cassation submitted in closed proceedings, only the result of resolving the request and the number of the court case together with a reference to closed proceedings shall be published on the website. Rejection of the appeal in cassation on the ground that the appeal did not comply with the requirements provided by law and was therefore returned shall not be published on the website. The data concerning resolution of requests for acceptance of appeals in cassation shall be removed from the website when 30 days have expired from the communication of the resolution concerning the request.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 350.  Refusal to proceed with or dismissal of appeal in cassation

 (1) If an omission hindering consideration of cassation exists and the omission can obviously be eliminated, the court shall set the appellant in cassation a reasonable term by an order on elimination of the omission and shall hitherto refuse to proceed with the cassation.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) The Supreme Court shall prepare an order dismissing an appeal in cassation and return the appeal to the appellant in cassation if:
 1) the appeal in cassation was filed after the expiry of the term for cassation provided for in § 345 of this Code and the appellant in cassation has not requested restoration of the term or the Supreme Court has refused to restore the term;
 2) the appeal in cassation is submitted by a person who pursuant to subsection 344 (3) of this Code does not have the corresponding right;
 3) the appellant in cassation fails to eliminate deficiencies in the appeal in cassation within the specified term;
 31) the appellant in cassation fails to notify the circuit court in writing of the intention to exercise the right of cassation during the term provided for in subsection 345 (1) of this Code, if notification is mandatory;
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
 4) the appeal in cassation is discontinued before the beginning of the court session.

§ 351.  [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Division 3 Consideration of criminal matters by the Supreme Court  

§ 352.  Rules for consideration of criminal matters under cassation procedure

 (1) The Supreme Court shall take guidance in cassation procedure from the provisions of Chapter 10 of this Code, unless other provisions apply to cassation procedure and provided the provisions of Chapter 10 are not incompatible with the nature of cassation procedure.

 (2) Generally, the Supreme Court shall consider a criminal matter by written procedure. In this case, the Supreme Court shall determine and announce to the parties to cassation proceedings:
 1) the court panel;
 2) the term during which the parties to cassation proceedings may submit their written positions and petitions of challenge and other requests to the court, and the method for submission thereof;
 3) the time and method for making the judgment public;
 4) other circumstances which the Supreme Court deems necessary.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (21) If a copy of the appeal in cassation has not been sent to the parties to cassation proceedings in accordance with the rules provided in subsection 3481 (1) of this Code, it shall be appended to the notice.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (3) A criminal matter shall be considered by oral procedure in the case the Supreme Court deems this necessary. If the Supreme Court is to consider the appeal in cassation by oral procedure, it shall summons the parties to the cassation proceedings. The Supreme Court may also summons a party to judicial proceedings who is not a party to cassation proceedings to the court session if the Supreme Court deems this necessary. The failure of a party to cassation proceedings or another party to judicial proceedings who has received the summons to appear at the court session shall not preclude the hearing of the matter, unless the Supreme Court decides otherwise.

 (4) Parties to cassation proceedings have the right to examine the court file in the Supreme Court and make copies of the file at their own expense.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 3521.  Submission of request to the European Court of Human Rights

 (1) The Supreme Court may, in a case pending before it, request the European Court of Human Rights to give an advisory opinion on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention on the Protection of Human Rights and Fundamental Freedoms or the protocols thereto in conformity with Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms.

 (2) The request must be reasoned and describe the relevant legal and factual circumstances of the case pending before the Supreme Court.

 (3) Advisory opinions of the European Court of Human Rights are not binding on the Supreme Court.

 (4) If the Supreme Court requests the European Court of Human Rights to give an advisory opinion in an issue relating to a case, the Supreme Court may suspend its proceedings for the time when proceedings are conducted on the request.

 (5) The Supreme Court shall resume the proceedings suspended pursuant to subsection (4) of this section on receipt of an advisory opinion about the request, on becoming aware of denial of the request or on withdrawing the request. The Supreme Court may also resume the proceedings earlier if the conduct of proceedings on the request specified in subsection (1) of this section is disproportionately delayed.

 (6) In the case of suspension of proceedings, the running of the procedural term provided for in subsection 363 (7) of the Code of Criminal Procedure is suspended and, upon the expiry of the suspension of proceedings, such term starts to run again from the beginning.

 (7) The translation of a request into English or French and the translation of the decision of the European Court of Human Rights received for the submitted request into Estonian shall be organised by the Supreme Court at the expense of the state.
[RT I, 26.06.2017, 17 - entry into force 06.07.2017, § 352¹ is implemented as of the day of entry into force of Protocol 16 to the European Convention on the Protection of Human Rights and Fundamental Freedoms in respect of Estonia.]

§ 353.  Court panel to consider criminal matter under cassation procedure

  In the Supreme Court, a criminal matter shall be considered under cassation procedure:
 1) by a three-member panel of the Criminal Chamber;
 2) by the full panel of the Criminal Chamber;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 3) by a Special Panel of the Supreme Court;
 4) by the Supreme Court en banc.

§ 354.  Consideration of criminal matter by full panel of Criminal Chamber

  [RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (1) If fundamentally different opinions arise as to the application of the law in a three-member panel of the Criminal Chamber of the Supreme Court or if there is reason to believe that a need arises to amend a position regarding application of the law maintained by the Criminal Chamber in an earlier decision, a criminal matter shall be referred, on the basis of an order, for consideration by the full panel of the Criminal Chamber which shall comprise at least five justices of the Supreme Court.

 (2) When a criminal matter is considered by the full panel of the Criminal Chamber, the presiding judge is the chairman of the Criminal chamber, in his or her absence the member of the Criminal chamber who is senior in office, and in case of equal seniority in office, the member who is senior in age.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 355.  Consideration of criminal matter by Special Panel of Supreme Court

 (1) If the Criminal Chamber of the Supreme Court finds when considering a criminal matter that it is necessary to interpret the law so as to amend a position of another chamber of the Supreme Court or a position maintained in the most recent decision of the Special Panel or this is necessary for ensuring uniform application of law, the criminal matter shall be referred for consideration by a Special Panel of the Supreme Court on the basis of a court order.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (2) A Special Panel of the Supreme Court shall be formed by the Chief Justice of the Supreme Court.

 (3) The members of a Special Panel of the Supreme Court are:
 1) the Chief Justice of the Supreme Court as the presiding judge;
 2) two justices of the Criminal Chamber of the Supreme Court;
 3) two justices from such chamber of the Supreme Court whose position concerning application of the law is contested by the Criminal Chamber.

 (4) At the sessions of a Special Panel, materials shall be presented by a member of the Criminal Chamber.

§ 356.  Consideration of criminal matter by Supreme Court en banc

  A criminal matter is referred for resolution to the Supreme Court en banc if:
 1) the majority of the full panel of the Criminal Chamber reaches a different opinion than the legal principle or position hitherto held by the Supreme Court en banc on the application of law;
 2) the majority of the full panel of the Criminal Chamber considers resolution of the criminal matter by the Supreme Court en banc to be essential for the uniform application of the law;
 3) resolution of the criminal matter requires resolution of an issue to be considered in accordance with the Constitutional Review Court Procedure Act.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 3561.  Referral of criminal matter in Supreme Court

 (1) A court order directing a criminal matter for resolution to the full panel of the Criminal Chamber, to the Special Panel of the Supreme Court or the Supreme Court en banc shall be transmitted to the parties to cassation proceedings.

 (2) If a matter is to be considered at a court session, the participants in cassation proceedings shall be notified of the time and place of the session of the full panel of the Criminal Chamber, Special Panel of the Supreme Court or the Supreme Court en banc.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 357.  Opening of Supreme Court session

 (1) Upon application of a court session in the Supreme Court, the presiding judge shall:
 1) open the court session and announce the criminal matter to be considered and the name of the person who filed the appeal in cassation;
 2) ascertain which of the parties to cassation proceedings and other persons summoned have appeared at the court session and verify their authority;
 3) involve an interpreter or translator, if necessary;
 4) announce the composition of the panel of the court and ask the appellant in cassation and the other parties to cassation proceedings whether they wish to submit petitions of challenge or other requests;
 5) ask the appellant in cassation whether he or she will proceed with the appeal in cassation or discontinue the appeal. Discontinuance of an appeal in cassation shall be certified by the signature of the appellant on the appeal.

 (2) Any requests shall be dealt with in accordance with the rules provided in subsection 284 (3) of this Code.

 (3) If circumstances hindering consideration of a criminal matter become evident during a court session, the court shall adjourn consideration of the matter by an order.

§ 358.  Discontinuance of appeal in cassation

 (1) An appellant in cassation may discontinue an appeal in cassation in part or in full before the Supreme Court withdraws from the courtroom to make the judgment, and in the case of written procedure until the expiry of the term granted to the parties to cassation proceedings for submission of their positions.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (2) A criminal defence counsel or representative may discontinue an appeal in cassation if the person being defended or the principal has agreed to this in writing.

 (3) On the basis of a written request, a party to cassation proceedings has the right to discontinue an appeal in cassation filed in the interests of the party. The accused may discontinue an appeal in cassation filed by the counsel, unless the participation of a counsel in criminal proceedings is mandatory pursuant to subsection 45 (2) of this Code.

 (4) If an appellant in cassation discontinues the appeal in cassation, the appeal shall be dismissed by court order and cassation proceedings shall be terminated with regard to that appeal.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) If the Supreme Court ascertains that the circuit court has incorrectly applied substantive law when resolving the criminal matter and thereby aggravated the situation of the accused or that the circuit court has materially violated criminal procedural law, consideration of the criminal matter shall proceed regardless of discontinuance of the appeal in cassation.

§ 359.  Report on materials of criminal matter

 (1) After opening a court session, the presiding judge or a justice of the Supreme Court shall present the materials of the criminal matter.

 (2) A presentation shall give an overview of:
 1) the facts relating to the criminal matter;
 2) the content of and reasons for the appeal in cassation;
 3) the requests of the appellant in cassation;
 4) the explanations and objections set out in the response to the appeal in cassation.

§ 360.  Hearing of opinions of parties to cassation proceedings and closing of court session

 (1) After presentation of the materials of a criminal matter, the court shall hear the opinions of the parties to cassation proceedings who have appeared at the court session in the order determined by the court, whereas the appellant in cassation shall be heard first. The criminal defence counsel of the accused shall be the last to be heard even if he or she had already spoken as the appellant in cassation.

 (2) The presiding judge has the right to interrupt the statement of a party to cassation proceedings if he or she exceeds the limits of the appeal in cassation.

 (3) The court has the right to question the parties to the cassation proceedings and the parties to judicial proceedings who are not parties to cassation proceedings and who have been summoned to the court session.

 (4) After hearing the parties to cassation proceedings, the presiding judge shall close the court session and announce the date when the court judgment will be accessible in the Office of the Supreme Court. The judgment of the Supreme Court shall be published on the website of the Supreme Court.
[RT I 2010, 19, 101 - entry into force 01.06.2010]

 (5) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 3601.  Written questions of Supreme Court

 (1) For ensuring legal hearing, the Supreme Court shall have the right, during the entire cassation proceedings, to pose written questions to a party to cassation proceedings and a party to corresponding judicial proceedings who is not a party to cassation proceedings. Written questions are signed by a member of the court panel considering the matter. The written questions shall also set out the term for giving response to them which shall not be shorter than one week.

 (2) A response to the written questions of the court shall be in typewritten form. The response shall be signed by the party to judicial proceedings to whom the questions are addressed.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 3602.  Limits of hearing criminal matters by way of cassation proceedings

 (1) A criminal matter shall be considered within the limits of the appeal in cassation. In the consideration of a criminal matter, the appellant in cassation does not have the right to exceed the limits of the appeal in cassation. The provisions in the first sentence of this subsection do not preclude or restrict the right of the appellant in cassation to submit allegations concerning the interpretation of law and objections against the positions of the opposing party.

 (2) The Supreme Court is not bound by the legal grounds of an appeal in cassation.

 (3) The Supreme Court shall extend the limits of consideration of the criminal matter to all the accused and all the criminal offences they are accused of regardless of whether an appeal in cassation has been filed with regard to them if incorrect application of substantive law which has aggravated the situation of the accused or a material violation of criminal procedural law becomes evident.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 361.  Competence of Supreme Court upon making of judgment

 (1) The Supreme Court may, by judgment:
 1) refuse to amend a judgment made by a circuit court and deny the appeal in cassation;
 2) refuse to make substantive amendments to the judgment of a circuit court and make corrections thereto which do not aggravate the situation of the convicted offender;
 3) amend the main part of a court judgment by replacing the legal reasons therein by the reasons of the Supreme Court or excluding the facts presented in the main part of the court judgment;
 4) annul a court judgment and terminate criminal proceedings on the grounds prescribed in clauses 199 (1) 2)-6) of this Code;
 5) annul a judgment of a circuit court and enforce the judgment of the county court;
 6) annul a court judgment in full or in part and refer the criminal matter for a new hearing by the court which applied substantive law incorrectly or materially violated criminal procedural law;
 7) annul a court judgment made in a criminal matter in full or in part and, without collecting any additional evidence, make a new judgment which does not aggravate the situation of the convicted offender;
 8) annul the court judgment made in settlement proceedings in full and send the criminal file to the Prosecutor’s Office.

 (2) Upon referral of criminal matters to circuit courts or county courts for new hearing or return of criminal files to Prosecutor’s Offices, the Supreme Court shall observe the provisions of §§ 341, 3411 and 3431 of this Code, taking into consideration the specifications of cassation proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 362.  Grounds for annulment of court judgment under cassation procedure

  The grounds for annulment of a court judgment under cassation procedure are:
 1) incorrect application of substantive law;
 2) material violation of criminal procedural law.

§ 363.  Judgment of Supreme Court

 (1) The introduction of a judgment of the Supreme Court shall set out:
 1) the number of the case;
 2) the date of the judgment of the Supreme Court;
 21) the court panel;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 3) the name of the case considered;
 4) the contested decision;
 5) the date of considering the case;
 6) whether the case was considered by written or oral procedure;
 7) the official title and name of the appellant in cassation;
 8) the official titles and names of the parties to cassation proceedings and the names of the parties to judicial proceedings and the name of the interpreter or translator who participated in the session of the Supreme Court.

 (2) The statement of reasons of a judgment of the Supreme Court shall set out the following:
 1) a short summary of judicial proceedings to date;
 2) the part of the court judgment which the appellant in cassation contests, and the requests of the appellant;
 3) the explanations and objections submitted in the response to the appeal in cassation;
 4) the opinions of the parties to cassation proceedings presented during the court session;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 5) the reasons for the conclusions of the Supreme Court;
 6) the legal basis for the conclusions of the Supreme Court.

 (3) The conclusion of a judgment of the Supreme Court shall set out the conclusions of the court.

 (4) If the Supreme Court refuses to amend a judgment of a circuit court pursuant to clauses 361 1) or 2) of this Code, the Supreme Court:
 1) is not required to repeat in its judgment the reasons for the judgment of the circuit court and, if necessary, may add the motives of the Supreme Court;
 2) may limit the judgment thereof to the introduction, conclusion and the provisions of procedural law pursuant to which the judgment was made.

 (5) The Supreme Court shall not establish facts.

 (6) Judgments of the Supreme Court enter into force as of the date they are made public and are not subject to appeal.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

 (7) A judgment of the Supreme Court shall be accessible in the Office of the Supreme Court not later than thirty days after the session of the Supreme Court or the term granted to the parties to cassation proceedings for submission of their positions under written procedure. If necessary, this term may be extended by order to up to 60 days.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

§ 364.  Obligation to comply with judgment of Supreme Court

  The positions set out in a judgment of the Supreme Court on the interpretation and application of a provision of law are mandatory for the court conducting considering the same matter anew.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 13 REVIEW PROCEDURE FOR JUDICIAL DECISIONS  

§ 365.  Definition of review procedure

 (1) Review procedure means consideration of a petition for review by the Supreme Court in order to decide on the resumption of proceedings in a criminal matter in which the decision has entered into force.

 (2) A criminal matter under review is the criminal matter in which the decision has entered into force and in respect of which resumption of proceedings is requested.

§ 366.  Grounds for review

  [RT I, 17.04.2012, 4 - entry into force 10.04.2012 - The decision of the Supreme Court en banc declares § 366 of the Code of Criminal Procedure to be in conflict with the Constitution to the extent that this does not prescribe, as a ground for review, the entry into force of a court judgment, made pursuant to general procedure, which establishes the absence of a criminal act, if a punishment of imprisonment was imposed for participation in such criminal act on a person by court judgment made pursuant to general procedure in the criminal matter under review.]
The grounds for review are:
 1) the unlawfulness or unfoundedness of a court judgment or order arising from the false testimony of a witness, knowingly wrong opinion of an expert, knowingly false interpretation or translation, or falsification of documents, or fabrication of evidence, as established by another court judgment which has entered into force;
 2) a criminal offence which is committed by a judge in the consideration of the criminal matter under review and which is established by a court judgment;
 3) a criminal offence which is committed by an official of the body that conducted proceedings or a prosecutor in the proceedings of a criminal matter and which is established by a court judgment, if the criminal offence could have had an effect on the court judgment made in the criminal matter under review;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 4) annulment of a court judgment or order which was one of the bases for making a court judgment or order in the criminal matter subject to review, if this may result in the making of a judgment of acquittal in the criminal matter subject to review, or in mitigation of the situation of the convicted offender;
 5) any other facts which are relevant to the dealing with the criminal matter justly but which the court was not aware of while making the court judgment or a court order in the criminal matter subject to review and which independently or together with the facts previously established may result in a judgment of acquittal or in mitigation of the situation of the convicted offender or in mitigation of the situation of a third party whose property has been confiscated on the basis of a court judgment or order;
[RT I 2007, 2, 7 - entry into force 01.02.2007]
 6) the Supreme Court, under constitutional review procedure, declaring the legislation of general application or a provision thereof on which the court judgment or order in the criminal matter under review is based to be in conflict with the Constitution;
 7) the granting, due to violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms or a Protocol belonging thereto, of an individual appeal filed with the European Court of Human Rights against a court judgment or order in the criminal matter subject to review, if the violation may have affected the resolution of the matter and cannot be eliminated, or if the damage caused thereby cannot be compensated, in a manner other than by review;
 8) entry into force of a court judgment by which the accused is acquitted of the criminal offence of which a joint principal offender or an accomplice was convicted under simplified procedure in the criminal matter under review;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 9) judgment made under general procedure, which establishes the absence of a criminal act if the person was convicted in the matter under review for participation in this criminal act.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
 10) confiscation of assets by a decision from a person who was not joined to criminal proceedings.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

§ 367.  Right to submit petition for review

 (1) Persons specified in subsection 344 (3) of this Code and, through an advocate, persons from whom assets were confiscated by a judgment but who were not properly joined in the criminal proceedings have the right to submit petitions for review.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (2) On the basis provided for in clause 366 7) of this Code, the criminal defence counsel, who is an advocate, of the person who filed an individual appeal with the European Court of Human Rights, and the Office of the Prosecutor General, as well as the criminal defence counsel of such person, who is an advocate who has filed an individual appeal with the European Court of Human Rights in a similar matter and on the same legal basis or who has the right to file such appeal in a similar matter and on the same legal basis, taking into account the terms provided for in Article 35(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms have the right to submit petitions for review.
[RT I 2006, 48, 360 - entry into force 18.11.2006]

§ 368.  Terms for submission of petitions for review

  A petition for review may be submitted within six months after the bases for provided for in § 366 of this Code become evident.

§ 369.  Petition for review

 (1) A petition for review submitted to the Criminal Chamber of the Supreme Court shall be prepared in typewritten form. The petition for review shall be also sent to the court by electronic means.

 (2) A petition for review shall set out:
 1) the name, official title, address of the seat, phone number and other telecommunications numbers of the petitioner;
 2) the name of the court whose decision is requested to be reviewed, and the date of the decision subject to review;
 3) the name of the convicted offender with regard to whom review of the criminal matter is requested;
 4) the grounds for review according to § 366 of this Code and the reasons therefor;
 5) materials which should be examined and persons who should be questioned in the Supreme Court in order to ascertain the existence of the grounds for review;
 6) whether the petitioner requests an oral procedure;
 7) a list of the documents appended to the petition for review.

 (3) The following shall be appended to a petition for review:
 1) a document certifying the authority of the petitioner if the petition is submitted by an advocate;
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
 2) copies of the petition for review for the convicted offender who is serving a prison sentence and whose interests are concerned by the petition and for the Prosecutor’s Office;
 3) materials which should be examined in the Supreme Court in order to ascertain the existence of the grounds for review;
 4) addresses of the residence or seat and phone numbers and other telecommunications numbers of persons who should be questioned in the Supreme Court in order to ascertain the existence of the grounds for review.

 (4) If review of a criminal matter is requested on the basis of the grounds provided for in clauses 366 1)-4) and 7) of this Code, a copy of the court judgment on which the request for review is based shall be appended to the petition for review.

 (5) A person submitting a petition for review shall sign the petition and indicate the date of preparation of the petition.
[RT I 2006, 48, 360 - entry into force 18.11.2006]

§ 370.  Decision on acceptance of petition for review

 (1) The Supreme Court shall decide on acceptance of a petition for review pursuant to the provisions of subsection 349 (1)-(3) of this Code.

 (2) A petition for review shall be accepted if at least one justice of the Supreme Court finds that the allegations made in the petition give reason to presume the presence of a ground for review. Upon acceptance of a petition for review, the Supreme Court may suspend, in full or in part, if necessary, the execution of a court judgment or order in the criminal matter subject to review.
[RT I 2006, 48, 360 - entry into force 18.11.2006]

 (3) If a petition for review is rejected, the petition and the order of the Supreme Court shall be included in the court file which shall be returned to the court of first instance. Copies of the order of the Supreme Court shall be sent to the person who submitted the petition for review and the person who responded to the petition for review.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) If necessary, the Supreme Court shall send copies of a petition for review and relevant materials to the Office of the Prosecutor General for verification. The Prosecutor’s Office shall organise verification directly or through the body that conducted pre-court proceedings and observe the requirements of pre-court procedure.

§ 371.  Refusal to proceed with or dismissal of petition for review

  The court shall refuse to proceed with a petition for review or shall dismiss such petition following the provisions of § 350 of this Code.

§ 372.  Review procedure

  Review procedure shall be conducted in compliance with the provisions of §§ 352-3602 and 363 of this Code, taking into account the specifications provided for in this Chapter.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 373.  Jurisdiction of Supreme Court in review procedure

 (1) In the absence of the grounds for review, the Supreme Court shall deny the petition for review.

 (2) If a petition for review is justified, the Supreme Court shall annul the contested decision by a judgment and send the criminal matter for a new hearing by the court which made the annulled decision or to the Office of the Prosecutor General for pre-court proceedings to be conducted anew.

 (21) If a petition for review is justified only to the extent of the determination on confiscation, the Supreme Court may grant the petition for review and annul the contested decision only to this extent, and not to review the remaining part of the judgment. In this case, the Supreme Court may send the annulled determination on confiscation to the court which made the decision or the Office of the Prosecutor General for confiscation proceedings to be conducted anew pursuant to the procedure of Chapter 161 of this Code.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (3) If there is no need to ascertain new facts in the criminal matter subject to review, the Supreme Court may make a new judgment after the review of the criminal matter without aggravating the situation of the convicted offender.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

§ 374.  Criminal proceedings after review of criminal matter

 (1) After review of a criminal matter, criminal proceedings shall be conducted pursuant to the general procedure, except in the situation prescribed in the second sentence of subsection 373 (21) of this Code.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

 (2) A person may be acquitted without judicial hearing if:
 1) the person is dead;
 2) the facts are explicit and the Prosecutor’s Office does not request judicial hearing.

Chapter 14 SPECIAL RULES FOR THE PREPARATION OF STATEMENT OF CHARGES AND PERFORMANCE OF CERTAIN PROCEDURAL ACTS WITH REGARD TO THE PRESIDENT OF THE REPUBLIC, MEMBERS OF THE GOVERNMENT OF THE REPUBLIC, THE AUDITOR GENERAL, THE CHANCELLOR OF JUSTICE, THE CHIEF JUSTICE AND JUSTICES OF THE SUPREME COURT  
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

§ 375.  Scope of application of this Chapter

 (1) The provisions of this Chapter apply to the preparation of a statement of charges and the performance of procedural acts specified in § 377 of this Code with regard to the President of the Republic, members of the Government of the Republic, the Auditor General, the Chancellor of Justice, the Chief Justice of the Supreme Court and judges.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (2) The provisions of this Chapter apply to the preparation of a statement of charges and the performance of procedural acts specified in § 377 of this Code with regard to persons who held an office specified in subsection (1) of this section at the time when a resolution concerning the grant of consent provided for in § 381 of this Code was adopted, regardless of whether the act was committed prior to assuming office or during the term of office.

 (3) [Repealed - RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (4) The provisions of this Chapter concerning the President of the Republic also apply to the President of the Riigikogu who is temporarily performing the duties of the President of the Republic pursuant to subsection 83 (1) of the Constitution. The provisions of this Chapter concerning members of the Government of the Republic also apply to any member of the Riigikogu whose authority is suspended due to his or her appointment as a member of the Government of the Republic.

§ 376.  Special rules for preparation of statement of charges

 (1) A statement of charges with regard to the President of the Republic, members of the Government of the Republic, the Auditor General, or the Chief Justice and justices of the Supreme Court can be prepared only on the proposal of the Chancellor of Justice and with the consent of the majority of the membership of the Riigikogu.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (2) A statement of charges with regard to the Chancellor of Justice can be prepared only on the proposal of the President of the Republic and with the consent of the majority of the membership of the Riigikogu.

 (3) A statement of charges with regard to a judge can be prepared only on the proposal of the Supreme Court and with the consent of the President of the Republic.

§ 377.  Special rules for performance of procedural acts

 (1) The President of the Republic, a member of the Government of the Republic, the Auditor General, the Chief Justice or a justice of the Supreme Court may be detained as a suspect and preventive measures may be applied with regard to him or her, seizure and physical examinations of property may be conducted with regard to him or her, if the Chancellor of Justice has granted consent thereto at the request of the Prosecutor General.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (2) A judge or the Chancellor of Justice may be detained as a suspect and preventive measures may be applied with regard to him or her, seizure and physical examinations of property may be conducted with regard to him or her if the President of the Republic has granted consent thereto at the request of the Prosecutor General.

 (3) A person specified in subsection (1) or (2) of this section may be detained as a suspect and preventive measures may be applied with regard to him or her, seizure and physical examinations of property may be conducted with regard to him or her without the consent of respectively the Chancellor of Justice or the President of the Republic if the person was apprehended in the act of commission of a criminal offence in the first degree.

 (4) The Prosecutor General shall be notified of performance of the procedural acts referred to in subsection (3) of this section.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (5) If necessary, the President of the Republic or the Chancellor of Justice shall examine the materials of the criminal file upon grant of consent for the procedural act.

 (6) The President of the Republic or the Chancellor of Justice shall grant his or her consent for the performance of the procedural act or return the petition within 10 days as of receipt of the request. If the request is returned, the reasons shall be provided.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 378.  Request of Prosecutor General for preparation of statement of charges and the conduct of proceedings concerning the statement of charges

  [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (1) On the basis of a request of the Prosecutor General, the Chancellor of Justice shall make a proposal to the Riigikogu for the preparation of a statement of charges with regard to the President of the Republic, a member of the Government of the Republic, the Auditor General, the Chief Justice or a justice of the Supreme Court.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (2) The President of the Republic shall make a proposal for the preparation of a statement of charges with regard to the Chancellor of Justice on the basis of a request from the Prosecutor General.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (3) The Supreme Court shall make a proposal for the preparation of a statement of charges with regard to a judge on the basis of a request of the Prosecutor General.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (4) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (5) If necessary, the Chancellor of Justice, the President of the Republic or the Supreme Court shall examine the materials of the criminal file but shall not verify or assess the collected evidence.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (6) The Chancellor of Justice or the President of the Republic shall make a written proposal to the Riigikogu or the Supreme Court to the Presidents of the Republic to grant consent for the preparation of a statement of charges with regard to the person specified in the request of the Prosecutor General, except in the case the bringing of charges would be politically impartial or clearly unjustified for any other reason.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

 (7) The Chancellor of Justice, the President of the Republic or the Supreme Court shall make a proposal or return the request within one month as of the receipt of the request. If the request is returned, the reasons shall be provided.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 379.  Submission of proposal for preparation of statement of charges

 (1) A proposal to grant consent for the preparation of a statement of charges with regard to the President of the Republic, a member of the Government of the Republic, the Auditor General, the Chancellor of Justice, the Chief Justice or a justice of the Supreme Court shall be submitted to the Riigikogu in writing by the Chancellor of Justice or the President of the Republic.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (2) A proposal to grant consent for the preparation of a statement of charges with regard to a judge shall be submitted to the President of the Republic in writing by the Supreme Court.

 (3) A proposal shall be reasoned and it shall set out:
 1) the name of the person with regard to whom consent for the preparation of a statement of charges is requested from the Riigikogu or the President of the Republic;
 2) the facts relating to the criminal offence;
 3) the content of the suspicion and legal assessment of the criminal offence;
 4) the circumstances set out in a request of the Prosecutor General;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
 5) other facts on which the proposal is based.

 (4) The Chancellor of Justice, the President of the Republic or the Supreme Court shall limit the content of the proposal submitted to the Riigikogu or the President of the Republic, as appropriate, to the content of the suspicion.

 (5) A request of the Prosecutor General shall be appended to the proposal of the Chancellor of Justice, the President of the Republic or the Supreme Court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 380.  Proceedings in the Riigikogu concerning proposal for preparation of statement of charges

 (1) In the Riigikogu, proceedings concerning a proposal of the Chancellor of Justice or the President of the Republic provided for in subsection 379 (1) of this Code shall be conducted pursuant to the Riigikogu Rules of Procedure and Internal Rules Act.
[RT I 2007, 44, 316 - entry into force 14.07.2007]

 (2) A report presented by the Chancellor of Justice or the President of the Republic to the Riigikogu in order to obtain consent for the preparation of a statement of charges with regard to the President of the Republic, a member of the Government of the Republic, the Auditor General, the Chancellor of Justice, the Chief Justice of the Supreme Court or a judge shall set out the information contained in the proposal specified in subsection 379 (1) of this Code and annexes thereto.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (3) [Repealed - RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (4) Questions posed by the members of the Riigikogu and the responses of the Chancellor of Justice or the President of the Republic must remain within the limits of the material presented to the Riigikogu.

 (5) [Repealed - RT I, 22.12.2014, 9 - entry into force 01.01.2015]

§ 381.  Consent of Riigikogu or President of Republic and consequences thereof

 (1) A resolution of the Riigikogu to grant consent for the preparation of a statement of charges with regard to the President of the Republic, a member of the Government of the Republic, the Auditor General, the Chancellor of Justice, the Chief Justice or a justice of the Supreme Court enters into force as of the adoption thereof. The resolution shall be immediately sent to the person who made the proposal, to the Prosecutor General and to the person whom it concerns.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (2) A resolution of the President of the Republic to grant consent for the preparation of a statement of charges with regard to a judge enters into force upon signature thereof.

 (3) A resolution of the Riigikogu or the President of the Republic to grant consent for the preparation of a statement of charges with regard to a person specified in subsection (1) or (2) of this section shall suspend the performance of the official duties of the person concerned until entry into force of a court judgment.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

 (4) If, by a resolution, the Riigikogu or the President of the Republic grants consent for the preparation of a statement of charges with regard to a person specified in subsection (1) or (2) of this section, proceedings in the criminal matter shall be conducted pursuant to the general procedure prescribed by this Code.

§ 382.  Preparation of statement of charges in other criminal offence

 (1) If it is necessary to prepare a statement of charges with regard to a person specified in subsection 375 (1) of this Code concerning a criminal offence other than the criminal offence indicated in the proposal of the Chancellor of Justice, the President of the Republic or the Supreme Court, new consent of the Riigikogu or the President of the Republic is required.

 (2) The Riigikogu or the President of the Republic shall grant the consent specified in subsection (1) of this section by a resolution on the basis of a proposal of the Chancellor of Justice, the President of the Republic or the Supreme Court, as appropriate, and pursuant to the procedure provided for in this Chapter.

 (3) New consent of the Riigikogu or the President of the Republic is not required for amendment of the legal assessment of the criminal offence or the statement of charges or preparation of a new statement of charges.

Chapter 141 SPECIAL RULES FOR PERFORMANCE OF CERTAIN PROCEDURAL ACTS AND PREPARATION OF STATEMENTS OF CHARGES WITH RESPECT TO MEMBERS OF THE RIIGIKOGU  
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

§ 3821.  Scope of application of Chapter

 (1) The provisions of this Chapter shall be complied with upon performance of the procedural acts provided for in § 3822 of this Code and preparation of statements of charges with respect to members of the Riigikogu.

 (2) The provisions of this Chapter shall be complied with upon performance of the procedural acts provided for in § 3822 of this Code and preparations of statements of charges with respect to the persons who have the status of a member of the Riigikogu at the time of making a decision on grant of the consent provided for in §§ 3822 and 3829 of this Code regardless of whether the act was committed before becoming a member of the Riigikogu or during the time of serving as a member of the Riigikogu.

 (3) The provisions of this Chapter concerning members of the Riigikogu also apply to alternate members of the Riigikogu who perform the functions of a member of the Riigikogu.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

§ 3822.  Special rules for procedural acts to be performed before preparation of the statement of charges

 (1) Preventive measures, with the exception of taking into custody, may be applied to a member of the Riigikogu before obtaining consent for preparation of a statement of charges, conduct a search, physical examination and seizure of property, and conduct surveillance activities, if the Chairman of the Tallinn Circuit Court has granted his or her consent thereto on the basis of a reasoned written request of the Prosecutor General.

 (2) Consent granted by the Chairman of the Tallinn Circuit Court for search shall not extend to searches in the buildings of the Riigikogu and taking along of evidence, documents and means of communication found there or delivery thereof in the case delivery thereof is demanded.

 (3) A member of the Riigikogu can be detained as a suspect or subjected to compulsory placement in a medical institution before obtaining consent for the preparation of a statement of charges for the conduct of an expert assessment, or taking into custody, compelled attendance or detention can be applied to him or her as a preventive measure, if the Constitutional Committee of the Riigikogu has granted its consent thereto on the basis of a reasoned written request of the Prosecutor General.

 (4) Consent of the Chancellor of Justice granted on the basis of a reasoned written request of the Prosecutor General is required for searches in the buildings of the Riigikogu and taking along of the evidence, documents and means of communication found there and disclosure of work-related correspondence of a member of the Riigikogu stored on the servers of the Riigikogu. A person appointed by the President of the Riigikogu shall be present upon performance of the specified acts.

 (5) The consent specified in subsection (1), (3) or (4) of this section is not required for detention of a member of the Riigikogu as a suspect or application, as a preventive measure, of taking into custody, compelled attendance, compulsory placement in a medical institution for conduct of an expert assessment, conduct of searches and examination, seizure of property, and conduct of procedural acts and disclosure of work-related correspondence of a member of the Riigikogu stored on the servers of the Riigikogu, if he or she was apprehended in the act of commission of a criminal offence in the first degree.

 (6) The Prosecutor General and the Chairman of the Riigikogu shall be immediately informed of performance of the procedural acts referred to in subsection (5) of this section.

 (7) The consent specified in subsection (1), 3) or (4) of this section need not be re-applied for the performance or continuation of procedural acts or application of preventive measures of the same type, if the member of the Riigikogu with respect to whom consent was already previously granted commences performance of his or her functions as a member of the Riigikogu in the next composition of the Riigikogu.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

§ 3823.  Request of Prosecutor General for performance of procedural acts before preparation of statement of charges and the conduct of proceedings on that request

 (1) The following shall be indicated in a reasoned written request of the Prosecutor General to the Chairman of the Tallinn Circuit Court, the Constitutional Committee of the Riigikogu or the Chancellor of Justice specified in subsections 3822 (1), (3) and (4):
 1) the name of the person in the case of whom consent is requested for performance of procedural acts;
 2) the facts relating to the criminal offence;
 3) the content and legal assessment of the suspicion;
 4) the circumstances why the objective of the procedural acts applied for cannot be achieved by other less restrictive measures.

 (2) The Chairman of the Tallinn Circuit Court, the Constitutional Committee of the Riigikogu or the Chancellor of Justice shall grant consent for performance of the procedural acts respectively provided for in subsection 3822 (1), (3) or (4) of this Code with respect to the person specified in the request, except in the case performance of the procedural acts would be clearly unjustified.

 (3) The Chairman of the Tallinn Circuit Court, the Constitutional Committee of the Riigikogu or the Chancellor of Justice shall decide on grant of consent or return of request as soon as possible after receipt of the request of the Prosecutor General. If the request is returned, the reasons shall be provided.

 (4) If the consent specified in subsection 3822 (3) of this Code is applied for with respect to a member of the Constitutional Committee, the specified member shall not participate in the discussion of such agenda item at the sitting of the Constitutional Committee or participate in voting.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]

§ 3824.  Consent of Chairman of Tallinn Circuit Court, Constitutional Committee of Riigikogu or Chancellor of Justice for performance of certain procedural acts and consequences thereof

 (1) An order of the Chairman of the Tallinn Circuit Court by which consent is granted for performance of the procedural acts specified in subsection 3822 (1) of this Code with respect to members of the Riigikogu before preparation of a statement of charges enters into force upon signature. The specified order shall be immediately sent to the Prosecutor General. The order by which consent is granted for performance of procedural acts shall be presented to the person with respect to whom the procedural act is performed before the performance of the procedural act. The order by which consent is granted for conduct of surveillance activities shall not be presented to the person with respect to whom the surveillance activities are conducted.

 (2) A resolution of the Constitutional Committee of the Riigikogu on grant of consent for conduct of the procedural