Chapter 8PRE-COURT PROCEDURE
Division 5Appeal 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 11PROCEDURE FOR APPEALS
Division 1Appealing 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]
(2.1) 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]
(2.2) 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;
5.1) 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]
§ 321.1. 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]
Chapter 12CASSATION PROCEDURE
Division 1Appeal 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]
(2.1) 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]
(2.2) 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]
6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact, or
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact,
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2.
(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3.
(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a) A decision with respect to jurisdiction or admissibility;
(b) A decision granting or denying release of the person being investigated or prosecuted;
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.
4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.