Chapter 8PRE-COURT PROCEDURE

Division 3Detention 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]

§ 217.1. 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]

§ 217.2. 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]