Chapter 4SECURING OF CRIMINAL PROCEEDINGS

Division 1Preventive Measure

§ 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]
(3.1) [Repealed - RT I, 19.03.2015, 1 - entry into force 01.09.2016]
(4) An accused who has been prosecuted and is at large may be taken into custody on the basis of an order of a county or circuit court if he or she has failed to appear when summoned by a court and may continue absconding from the 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]
(3.1) 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]
(3.2) 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]
(3.3) 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.

§ 131.1. 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.
(1.1) 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.
(5.1) 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]
(5.2) 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]
(6.1 ) 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]
(2.1) 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.
(3.1) 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]

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 2Extradition

Subdivision 2Procedure for Extradition of Persons to Foreign States

§ 447. Provisional custody
(1) If the legal admissibility of the extradition of a person to a foreign state is recognised, provisional custody may be applied with regard to the person at the request of the Prosecutor’s Office.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(2) In cases of urgency, a preliminary investigation judge may apply provisional custody at the request of the Prosecutor’s Office before the arrival of the request for extradition if the requesting state has:
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
1) assured that an arrest warrant has been issued or a judgment of conviction has entered into force with regard to the person in the requesting state;
2) assumed the obligation to immediately dispatch the request for extradition.
(3) A person may be detained pursuant to the procedure provided for in subsection 217 (1) of this Code before the arrival of the request for extradition on the basis of an application for an arrest warrant submitted through the International Criminal Police Organisation (Interpol) or a notice on a wanted person in the Schengen Information System.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(4) Provisional custody shall not be applied with regard to a person if legal impediments to the extradition have become evident.
(5) A person with regard to whom provisional custody has been applied may be released if the requesting state fails to send the request for extradition within eighteen days as of the application of provisional custody with regard to the person. A person with regard to whom provisional custody has been applied shall be released if the request for extradition does not arrive within forty days as of the application of provisional custody.
(6) Release of a person from provisional custody in the cases provided for in subsection (5) of this section does not preclude application of provisional custody with regard to him or her and his or her extradition upon subsequent arrival of the request for extradition.
(7) A person shall not be kept under provisional custody for more than one year. A preliminary investigation judge may extend the one-year term of keeping in custody at the request of the Prosecutor General only in exceptional cases.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(8) An order on provisional custody may be contested pursuant to the procedure provided for in Chapter 15 of this Code.

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 2Extradition

Subdivision 2Procedure for Extradition of Persons to Foreign States

§ 452. Extradition decision
(7) If extradition is refused, the person shall be released from provisional custody.

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 2Extradition

Subdivision 2Procedure for Extradition of Persons to Foreign States

§ 454. Surrender of person claimed
(2) A person claimed may be released from provisional custody if the requesting state fails to take the person over within fifteen days after the due date for the surrender. A person claimed shall be released from provisional custody if the requesting state fails to take the person over within thirty days after the due date for the surrender.