Chapter VI
The Government of the Republic
§ 101.
Criminal charges may only be brought against a member of the Government of the Republic on the proposal of the Chancellor of Justice, and with the consent of a majority of the members of the Riigikogu.
Chapter XIII
The Courts
§ 153.
Criminal charges may be brought against a judge during his or her term of office only on a proposal of the Supreme Court, and with the consent of the President.
Criminal charges may be brought against the Chief Justice and justices of the Supreme Court only on a proposal of the Chancellor of Justice, and with the consent of a majority of the members of the Riigikogu.
Chapter 1GENERAL PROVISIONS
§ 4. Applicability of criminal procedural law by reason of person concerned
The law of criminal procedure applies equally to all persons with the following exceptions:
1) the specifications concerning preparation of a statement of charges and performance of certain procedural acts with regard to the President of the Republic, members of the Government of the Republic, the Auditor General, the Chancellor of Justice and the Chief Justice and justices of the Supreme Court are provided for in Chapter 14 of this Code;
2) the specifications concerning procedural acts performed with regard to members of the Riigikogu before preparation of a statement of charges and of preparation of the statement of charges are provided for in Chapter 141 of this Code;
3) Estonian law of criminal procedure may be applied to a person enjoying diplomatic immunity or other privileges prescribed by an international agreement at the request of the relevant foreign state, taking into account the specifications provided in an international agreement.
[RT I, 22.12.2014, 9 - entry into force 01.01.2015]
Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
Division 3Mutual Assistance in Criminal Matters
§ 465. Immunity of person arriving in Estonia on basis of request for assistance submitted to foreign state
(1) A witness or expert appearing before a judicial authority on a summons set out in a request for assistance shall not be prosecuted, accused, taken into custody or detained as a suspect in connection with any criminal offence which was committed before his or her departure from the territory of the requesting party and which was not expressly specified in the summons.
(2) The accused appearing before a judicial authority on a summons set out in a request shall not be prosecuted, accused, taken into custody or detained as a suspect in connection with any criminal offences or charges which were committed or brought before his or her departure from the territory of the requesting party and were not expressly specified in the summons.
(3) The immunity provided for in subsections (1) and (2) of this section ceases when the witness, expert or accused has been in Estonia for 15 consecutive days after the date when his or her presence was no longer required by the judicial authority although he or she has had the opportunity of leaving or, having left, has returned.
Part 2 SPECIAL PART
Chapter 15 OFFENCES AGAINST THE STATE
Division 4 Offences against Foreign States or International Organisations
§ 246. Attack against life or health of persons enjoying international immunity
(1) Acts of violence against representatives of international organisations or generally recognised international non-governmental organisations or foreign high-ranking public officials or their family members is punishable by up to five years’ imprisonment.
(2) Killing, hostage taking of or causing serious health damage to any persons specified in subsection (1) of this section is punishable by six to twenty years’ imprisonment or life 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.
§ 247. Defamation and insulting of persons enjoying international immunity
(1) Defamation or insulting of a person enjoying international immunity or of a family member of such person is punishable by a pecuniary punishment or up to two years' imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.