Chapter 3PROOF

Division 3Interrogation of Suspect

§ 75. Interrogation of Suspect
(1) Upon application of interrogation of a suspect, his or her name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship, education, native language and the place of work or educational institution shall be ascertained.
[RT I 2004, 46, 329 - entry into force 01.07.2004]
(2) At the beginning of interrogation, it shall be explained to the suspect that he or she has the right to refuse to give statements and that the statements given may be used against him or her.
(3) The suspect shall be asked whether he or she committed the criminal offence of which he or she is suspected and a proposal shall be made to the suspect to give statements in his or her own words concerning the facts relating to the criminal offence on which the suspicion is based.
(3.1) The suspect and his or her counsel have the right to get a copy of the record of interrogation of the suspect during the interrogation to the extent provided for in clauses 76 (1) 1)-3) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(4) Subsection 66 (21), subsections 68 (3)-(6) and subsections 69 (1) and (2) of this Code apply to interrogation of suspects. If necessary, the questioning of a suspect who is a minor shall be recorded.
[ RT I, 06.05.2020, 1 - entry into force 07.05.2020]

§ 76. Record of interrogation of suspect
(1) The following shall be entered in the minutes of the hearing of a witness:
1) the name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship, education, native language and the place of work or educational institution of the suspect;
2) marital status of the suspect;
3) the facts relating to the criminal offence of which the person is suspected and the legal assessment of the criminal offence pursuant to the relevant section, subsection and clause of the Penal Code;
4) statements of the suspect.
(2) The record of interrogation of a suspect shall be prepared pursuant to subsections 74 (2) and (4) of this Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]