Chapter 4SECURING OF CRIMINAL PROCEEDINGS

Division 1Preventive Measure

§ 134. Refusal to take into custody and release of person held in custody
(1) A preliminary investigation judge or a court shall formalise a refusal to take into custody or extend the term for holding in custody by an order.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
(2) If the grounds for holding in custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor’s Office shall release the person held in custody by an order. When the person held in custody is released, the Prosecutor’s Office or the investigative body with an order of the Prosecutor’s Office shall inform the victim who is a natural person thereof in the case he or she so requested and the information can prevent danger to the victim.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]

§ 135. Bail
(1) a preliminary investigation judge or a court may , with the consent of the suspect or accused, impose bail instead of taking into custody. The terms and conditions of and the time limit on imposition of bail instead of taking into custody may be prescribed in an arrest warrant.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]
(2) Bail is a sum of money paid to a prescribed account as a preventive measure by a suspect, accused or another person on behalf of him or her.
[RT I, 31.01.2014, 6 - entry into force 01.07.2014]
(3) A suspect or accused shall be released from custody after the bail has been received into a prescribed account.
[RT I, 31.01.2014, 6 - entry into force 01.07.2014]
(4) A court shall determine the amount of bail on the basis of the degree of the potential punishment, the extent of the damage caused by the criminal offence, and the financial situation of the suspect or accused. The minimum amount of bail shall be five hundred days' wages.
(5) Bail is imposed by a court order. To resolve an application for bail, the person held in custody shall be taken before a preliminary investigation judge; a prosecutor and, at the request of the person held in custody, his or her counsel shall be summoned to the judge and their opinions shall be heard.
(5.1) At the request of the Prosecutor’s Office or on its own initiative, a court may, together with the imposition of bail, apply a prohibition on departure from residence with respect to a suspect or an accused pursuant to the procedure provided for in §§ 127 and 128 of this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(5.2) A preliminary investigation judge may organise the participation of the persons specified in subsection (5) of this section in the resolution of an application for bail by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) If a suspect or accused absconds from criminal proceedings or intentionally commits another criminal offence or violates the prohibition on departure from his or her residence, the bail shall be charged to public revenue on the basis of a court judgment or order on termination of criminal proceedings after deduction of the amount necessary for reimbursement of the expenses relating to the criminal proceedings.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(6.1 ) If the grounds for taking into custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor’s Office shall annul the bail by an order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(7) Bail shall be refunded if:
1) the suspect or accused does not violate the conditions for bail;
2)criminal proceedings are terminated;
3) the accused is acquitted.

Chapter 8PRE-COURT PROCEDURE

Division 3Detention of suspect

§ 217. Detention of Suspect
(9) If the basis for the detention of a suspect ceases to exist in pre-court proceedings, the suspect shall be released immediately.

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 2Extradition

Subdivision 2Procedure for Extradition of Persons to Foreign States

§ 447. Provisional custody
(5) A person with regard to whom provisional custody has been applied may be released if the requesting state fails to send the request for extradition within eighteen days as of the application of provisional custody with regard to the person. A person with regard to whom provisional custody has been applied shall be released if the request for extradition does not arrive within forty days as of the application of provisional custody.
(6) Release of a person from provisional custody in the cases provided for in subsection (5) of this section does not preclude application of provisional custody with regard to him or her and his or her extradition upon subsequent arrival of the request for extradition.
(7) A person shall not be kept under provisional custody for more than one year. A preliminary investigation judge may extend the one-year term of keeping in custody at the request of the Prosecutor General only in exceptional cases.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(8) An order on provisional custody may be contested pursuant to the procedure provided for in Chapter 15 of this Code.

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 2Extradition

Subdivision 2Procedure for Extradition of Persons to Foreign States

§ 452. Extradition decision
(7) If extradition is refused, the person shall be released from provisional custody.

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 2Extradition

Subdivision 2Procedure for Extradition of Persons to Foreign States

§ 454. Surrender of person claimed
(2) A person claimed may be released from provisional custody if the requesting state fails to take the person over within fifteen days after the due date for the surrender. A person claimed shall be released from provisional custody if the requesting state fails to take the person over within thirty days after the due date for the surrender.