Chapter II
Fundamental Rights, Freedoms and Duties

§ 22.

No one may be compelled to testify against himself or herself, or against those closest to him or her.

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;

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.