Chapter II
Fundamental Rights, Freedoms and Duties
§ 24.
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 2PERSONS INVOLVED IN CRIMINAL PROCEEDINGS
Division 4Suspect and Accused
§ 34. Rights and obligations of suspects
(1) A suspect has the right to:
6) participate in the hearing of an application for an arrest warrant in court;
Chapter 4SECURING OF CRIMINAL PROCEEDINGS
Division 1Preventive Measure
§ 136. Contestation of taking into custody or refusal to take into custody and of extension of or refusal to extend term for holding in custody based on request of Prosecutor General
[RT I, 31.05.2018, 2 - entry into force 10.06.2018]
The Prosecutor’s Office, a person held in custody or his or her counsel may file an appeal pursuant to the procedure provided for in Chapter 15 of this Code against a court order by which, based on a request of the Prosecutor General, holding in custody was imposed or refused, and extension of the term for holding in custody or refusal to extend the term for holding in custody.
[RT I, 31.05.2018, 2 - entry into force 10.06.2018]
Chapter 11PROCEDURE FOR APPEALS
Division 1Appealing to Circuit Court
§ 318. Right of appeal
(1) If a party to judicial proceedings does not consent to the judgment of the court of first instance, the party has the right to file an appeal. The party to judicial proceedings who files an appeal is the appellant in proceedings on that appeal.
Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
Division 2Extradition
Subdivision 2Procedure for Extradition of Persons to Foreign States
§ 451.1. Contestation of order made on verification of legal admissibility of extradition
(1) An appeal may be filed against an order on declaring extradition legally admissible or inadmissible pursuant to the procedure provided for in § 386 of this Code within ten days as of after the receipt of the order.
(2) An appeal against an order shall be submitted to the Tallinn Circuit Court through the Harju County Court.
(3) An appeal against an order shall be considered by written procedure in a circuit court within ten days as of arrival of the matter to the circuit court.
(4) An order of the Supreme Court is final and not subject to appeal.
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a) A decision with respect to jurisdiction or admissibility;
(b) A decision granting or denying release of the person being investigated or prosecuted;
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.
4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.