Chapter II
Fundamental Rights, Freedoms and Duties

§ 18.

No one may be subjected to torture or to cruel or degrading treatment or punishment.

Chapter II
Fundamental Rights, Freedoms and Duties

§ 20.

Everyone has the right to liberty and security of person.
No one may be deprived of his or her liberty except in the cases and pursuant to a procedure
provided by law:
1) to enforce a judgment of conviction rendered or a detention ordered by a court;
2) for the case of non-compliance with a direction of a court, or to guarantee fulfilment of a duty
provided by law;
3) to prevent a criminal or administrative offence, to bring before a competent authority a person
in relation to whom there is reasonable suspicion that he or she has committed such an offence,
or to prevent such a person from absconding;
4) to place a minor under disciplinary supervision or to bring him or her before a competent
authority to determine whether to impose such supervision;
5) to detain a person suffering from an infectious disease, a person of unsound mind, an
alcoholic or a drug addict, if such a person is a danger to himself or herself or to others;
6) to prevent illegal settlement in Estonia and for removing a person from Estonia or for
extraditing a person to a foreign state.
No one may be deprived of his or her liberty on the mere ground of inability to fulfil a contractual
obligation.

Chapter II
Fundamental Rights, Freedoms and Duties

§ 21.

Everyone who has been deprived of his or her liberty must be informed promptly, in a language and manner which he or she understands, of the reason for the deprivation of liberty and of his or her rights, and be given an opportunity to notify those closest to him or her. A person suspected of a criminal offence must also be promptly given an opportunity to choose a counsel and to confer with him or her. The right of a person suspected of a criminal offence to notify those closest to him or her of the deprivation of liberty may be circumscribed only in the cases and pursuant to a procedure provided by law to prevent a criminal offence or in the interests of ascertaining the truth in a criminal case.
No one may be held in custody for more than forty-eight hours without a specific authorisation of a court. The decision of the court must be promptly communicated to the person in custody in a language and manner which he or she understands.

§ 22.

No one may be deemed guilty of a criminal offence before he or she has been convicted in a court and before the conviction has become final.
No one is required to prove his or her innocence in criminal proceedings.
No one may be compelled to testify against himself or herself, or against those closest to him or her.

Chapter II
Fundamental Rights, Freedoms and Duties

§ 23.

No one may be convicted of an act which did not constitute a criminal offence under the law in force at the time the act was committed.
No one may be sentenced to a penalty that is more severe than the one that was applicable at the time the offence was committed. If, subsequent to the commission of the offence, the law makes provision for a lighter penalty, the lighter penalty applies.
No one may be prosecuted or sentenced for a second time for an act in respect of which he or she has been the subject of a final conviction or acquittal pursuant to the law.

§ 24.

No one may be transferred, against his or her free will, from the jurisdiction of a court specified by law to the jurisdiction of another court.
Everyone is entitled to attend any hearing held by a court in his or her case.
Court hearings are public. The court may, in the cases and pursuant to a procedure provided by law, order a hearing or a part thereof to be held in camera to protect a state secret or a trade secret, public morality or the private and family life of individuals, or where the interests of a minor, a victim, or the administration of justice so require.
Judgments are pronounced publicly, except in cases where the interests of a minor, a spouse, or a victim require otherwise.
In accordance with the procedure provided by law, everyone is entitled to appeal a judgment rendered in his or her case to a higher court.

Chapter 1GENERAL PROVISIONS

§ 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.

Chapter 1GENERAL PROVISIONS

§ 8. Safeguarding of rights of participants in proceedings
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;

Chapter 1GENERAL PROVISIONS

§ 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.

Chapter 1GENERAL PROVISIONS

§ 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]
(6.1) 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]

Chapter 1GENERAL PROVISIONS

§ 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.

Chapter 1GENERAL PROVISIONS

§ 14. Adversarial nature of judicial proceedings
(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]

Chapter 1GENERAL PROVISIONS

§ 15.1. 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]

Chapter 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS

Division 4Suspect and Accused

§ 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;
2.1) 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.
(11) A suspect who is a minor and, taking into consideration the circumstances of the criminal matter and vulnerability of the person, a person below twenty-one years of age who is suspected of committing a crime when under eighteen years of age, shall have the right, in addition to as specified in subsection (1) of this section:
1) to notify their legal representative or any other person pursuant to subsections 352 (1) and (2) of this Code;
2) to the presence of a legal representative or any other person during the performance of procedural acts and in a court session pursuant to subsection 352 (3) of this Code;
3) to that a pre-trial report is prepared for his or her individual assessment at the latest before bringing the charges, except in the case this is not in his or her interests in the specific criminal proceedings, and that the conclusions of the individual assessment shall be taken into account upon making procedural decisions;
4) to that he or she shall undergo a medical examination without undue delay upon deprivation of liberty in the cases prescribed by law or if necessary, and at his or her request, the request of his or her counsel or the person specified in subsections 352 (1) or (2) of this Code or on the initiative of the body conducting proceedings, and the conclusions thereof shall be taken into account upon making procedural decisions;
5) to special treatment upon deprivation of liberty;
6) to treatment in a manner that protects privacy and dignity according to his or her age, maturity, comprehension and special needs, including potential communication difficulties, and to proceedings without undue delay.
[RT I, 20.12.2019, 1 - entry into force 30.12.2019]
(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.

§ 34.1. 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]

§ 35.1. 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.
(11) The rights of a suspect and accused who is a minor shall be also introduced to their legal representatives and the person specified in subsection 352 (2) of this Code.
[RT I, 20.12.2019, 1 - entry into force 30.12.2019]
(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 declarations of rights shall be established by a regulation of the minister responsible for the area.
[RT I, 20.12.2019, 1 - entry into force 30.12.2019]

§ 35.2. Notification of and participation in proceedings by legal representatives or other persons
(1) The body conducting proceedings is required to inform the legal representative of a suspect or accused who is a minor of the rights and obligations of a suspect who is a minor, except in the situation where this is not in the interests of the minor or may significantly damage the criminal proceedings. In the later cases, a local government authority must be notified.
(2) If notification of the legal representative of a suspect or accused who is a minor is impossible or this is not in the interests of the minor or may significantly damage to the criminal proceedings, the body conducting the proceedings shall notify any other persons who has been designated by the suspect or accused who is a minor, and evaluated as suitable by the body conducting the proceedings.
(3) At the request of a suspect or accused who is a minor, his or her legal representative and the person specified in subsection (2) of this section may present with the child:
1) in a court session;
2) during the performance of procedural acts, if this is in the interests of the minor in the opinion of the body conducting the proceedings and does not impede the criminal proceedings by means of causing delays or in any other manner.
[RT I, 20.12.2019, 1 - entry into force 30.12.2019]

§ 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]

Chapter 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS

Division 6Counsel

§ 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.

Chapter 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS

Division 6Counsel

§ 45. Participation of counsel in criminal proceedings
(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;

Chapter 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS

Division 6Counsel

§ 45. Participation of counsel in criminal proceedings
(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]

Chapter 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS

Division 6Counsel

§ 47. Rights and obligations of counsel
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.

Chapter 3PROOF

Division 1General Conditions for Proof and Taking of Evidence

§ 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.

Chapter 3PROOF

Division 2Hearing of Witnesses

§ 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]

Chapter 3PROOF

Division 3Interrogation of Suspect

§ 75. Interrogation of Suspect
(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.
(3.1) 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]

Chapter 5PROCEDURAL DOCUMENTS, TRANSLATION, INTERPRETATION AND SUMMONING

Division 2Translation and Interpretation

§ 161. Translators and interpreters
(1) If a text in a foreign language needs to be translated or interpreted or if a participant in a criminal proceeding is not proficient in Estonian, a translator or interpreter shall be involved in the proceeding. Participation of an interpreter in a procedural act or court session may be arranged by means of any technical solutions which comply with the requirements specified in subsection 69 (2) of this Code.
[ RT I, 06.05.2020, 1 - entry into force 07.05.2020]
(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]

Chapter 8PRE-COURT PROCEDURE

Division 3Detention of suspect

§ 217. Detention of 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.

Chapter 8PRE-COURT PROCEDURE

Division 4Completion of Pre-Court Proceedings

§ 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]

Chapter 8PRE-COURT PROCEDURE

Division 4Completion of Pre-Court Proceedings

§ 224.1. 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]

Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 2General Conditions for Judicial Hearing

§ 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.

Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 2General Conditions for Judicial Hearing

§ 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.

Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 2General Conditions for Judicial Hearing

§ 268. Scope of judicial hearing
(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.

Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 2General Conditions for Judicial Hearing

§ 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) he or she has received the summons, his or her whereabouts cannot be established, there is sufficient reason to believe that he or she absconds court proceedings, reasonable efforts have been made for finding him or her, and the court hearing is possible without him or her;
[RT I, 20.12.2019, 1 - entry into force 30.12.2019]
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 the accused can participate in the court hearing by means of any technical solutions which comply with the requirements specified in clause 69 (2) 1) of this Code, and the court is convinced that the right of defence of the accused is ensured;
[ RT I, 06.05.2020, 1 - entry into force 07.05.2020]
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]

Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 3Application of Court Session

§ 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 a copy of the statement of charges or of the order on prosecution, 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 session.
(3) The rights and obligations provided for in subsection 35 (2) of this section shall be explained to the accused.

Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 4Judicial Examination

§ 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.
(5.1) 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]

Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 6Making of Court Judgment

§ 315. Pronouncement of court judgment and explanation of right of appeal
(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.

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 5Recognition and Compliance with Judgements of States Not Participating in Cooperation in criminal proceedings among Member States of European Union
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 477. Scope of assistance
4) the right of defence was not ensured to the accused or the criminal proceedings were not conducted in a language understandable to him or her;

Part 2 SPECIAL PART
Chapter 9 OFFENCES AGAINST THE PERSON
Division 6 Offences against Liberty

§ 136. Unlawful deprivation of liberty
(1) Unlawful deprivation of the liberty of another person is punishable by a pecuniary punishment or up to five years’ imprisonment.
(2) The same act, if committed against a person of less than eighteen years of age, is punishable by one to five years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

Part 2 SPECIAL PART
Chapter 18 OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Division 2 Offences against Persons’ Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 312. Unlawful interrogation
Compelling by A preliminary investigator or prosecutor by violence to give testimony, if it does not contain the necessary elements of offence provided for in § 2901 of this Code, is punishable by a pecuniary punishment or by one to five years’ imprisonment.