Chapter 4SECURING OF CRIMINAL PROCEEDINGS

Division 2Other Means of Securing Criminal Proceedings

§ 140. Search
(1) A body conducting the proceedings may declare a suspect, accused, victim, civil defendant or witness a fugitive by an order if he or she has failed, without a good reason specified in § 170 of this Code, to appear when summoned and if his or her whereabouts are unknown, and a body conducting the proceedings may declare a convicted offender a fugitive if he or she absconds from the execution of the court judgment.
(2) An order on declaring a person a fugitive shall set out:
1) the facts relating to the criminal offence;
2) the name of the fugitive, his or her status in the proceedings, residence and place of employment or name of the educational institution.
(21) If necessary, the body conducting proceedings shall set out in an order on declaring a person fugitive the obligation to bring the fugitive, upon his or her apprehension, before the body conducting proceedings pursuant to the provisions on compelled attendance.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(3) An order on declaring a person a fugitive shall be communicated for execution to a surveillance agency which conducts or conducted proceedings in the criminal matter in relation to which the person was declared a fugitive. If proceedings in the criminal matter were conducted by an investigative body which is not a surveillance agency, the order on declaring a person a fugitive shall be communicated to the Police and Border Guard Board for execution.
[RT I, 29.06.2012, 2 - entry into force 09.07.2012]
(31) In the case a suspect, accused or convicted offender is declared a fugitive, an arrest warrant or a decision which has entered into force and is the basis for the enforced imprisonment shall be communicated to a surveillance agency together with the order declaring a person a fugitive.
[RT I, 29.06.2012, 2 - entry into force 09.07.2012]
(4) Upon apprehension of a fugitive, compelled attendance at a body conducting proceedings shall be imposed on him or her or the fugitive is brought to the place of custody pending trial or imprisonment, and the body conducting the proceedings shall be notified thereof.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]