Chapter 1GENERAL PROVISIONS
§ 15. Judicial hearing at first hand
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(1) The decision of a county court may be based only on evidence which has been presented and examined at first hand at judicial hearing and recorded in the minutes.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) The decision of the circuit court may be based on:
1) evidence which has been presented and examined at first hand at judicial hearing by the circuit court and recorded in the minutes;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
2) evidence which has been examined at first hand in the county court and disclosed in appeal proceedings.
(3) The decision shall not be based solely or predominantly on the testimony of a person declared anonymous in accordance with § 67 of this Code, evidence whose direct source the accused or counsel was unable to question, or the testimony of the person specified in subsection 66 (21).
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Chapter 3PROOF
Division 1General Conditions for Proof and Taking of Evidence
§ 63. Evidence
(1) Evidence means the statements of a suspect, accused, victim, the testimony of a witness, an expert's report, the statements given by an expert upon provision of explanations concerning the expert's report, physical evidence, reports on investigative activities, minutes of court sessions and reports or video recordings on surveillance activities, and other documents, photographs, films or other data recordings.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]
(11) Submission of information collected pursuant to the Security Authorities Act as evidence in criminal proceedings shall be decided by the Prosecutor General taking into account the restrictions specified in subsections 1261 (2) and 1267 (2) of this Code.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(2) Evidence not listed in subsection (1) of this section may also be used in order to prove the facts relating to criminal proceedings, except in the case the evidence has been obtained by a criminal offence or violation of a fundamental right.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
§ 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.
(2) If it is necessary to undress a person in the course of a search, physical examination or taking of comparative samples, the official of the investigative body, the prosecutor and the participants in the procedural act, except health care professionals and forensic pathologists shall be of the same sex as the person.
(3) If technical equipment is used in the course of taking of evidence, the participants in the procedural act shall be notified thereof in advance and the objective of using the technical equipment shall be explained to them.
(4) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(5) If necessary, participants in a procedural act shall be warned that disclosure of information relating to pre-court proceedings is prohibited in accordance with § 214 of this Code.
(6) The taking of evidence by surveillance activities is regulated by Chapter 31 of this Code.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
§ 65. Evidence obtained on ships during voyages and in foreign states
(1) Evidence taken in a foreign state pursuant to the legislation of such state may be used in criminal proceedings conducted in Estonia unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of Estonian criminal procedure taking into account the specifications provided for in subsection (2) of this section.
(2) If the object of criminal proceedings is an act of a person who serves in the Defence Forces and has committed the act outside the Republic of Estonia, evidence taken in a foreign state may be used in criminal proceedings unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of the Estonian criminal procedure regardless of the fact of whether the procedural act was conducted on the basis of a request for assistance or not.
(3) If an act to which the Penal Code of Estonia applies is committed on board a ship during a voyage, the documents prepared by the master of the ship pursuant to § 73 of the Merchant Shipping Code are the evidence in the criminal proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:
(a) The violation casts substantial doubt on the reliability of the evidence; or
(b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.
8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.