Chapter 3PROOF

Division 5Inspection 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]

Chapter 3PROOF

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

§ 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]

Chapter 3PROOF

Division 6Search 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]

§ 91.1. 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]
(1.1) 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]

Chapter 4SECURING OF CRIMINAL PROCEEDINGS

Division 2Other Means of Securing Criminal Proceedings

§ 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]
(2.1) 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.