Search and seizure - authority - ICC proceedings

Estonia

Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 3
PROOF

Division 5
Inspection and Inquiries to Electronic Communications Undertakings

§ 83. Objective of inspection and objects of inspection

(1) The objective of an inspection is to collect information necessary for the adjudication of a criminal matter, detect the evidentiary traces of the criminal offence and confiscate objects which can be used as physical evidence.

(2) The objects of inspection are :

1) a scene of events ;
2) a body ;
3) a document, any other object or physical evidence ;
4) in the case of physical examination, the person and the postal or telegraphic item.

(3) If the explanations of a suspect, accused, witness, qualified person or victim help to ensure the thoroughness, comprehensiveness and objectivity of the inspection, such person shall be asked to be present at the inspection.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 3
PROOF

Division 5
Inspection and Inquiries to Electronic Communications Undertakings

§ 86. Inspection of document, other object or physical evidence

(1) Upon inspection of a document or any other object, the evidentiary traces of a criminal offence and other features which are necessary for the adjudication of the criminal matter and form the basis for using the object as physical evidence shall be ascertained.

(2) If additional examination of a document, thing or any other object used as physical evidence is necessary, inspection of the physical evidence shall be conducted.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Chapter 3
PROOF

Division 6
Search and Investigative Experiment

§ 91. Search

(1) The objective of a search is to find an object to be confiscated or used as physical evidence, a document, thing or person necessary for the adjudication of a criminal matter, property to be seized for the purposes of compensation for damage caused by a criminal offence or of confiscation, or a body, or to apprehend a fugitive in a building, room, vehicle or enclosed area.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

(2) A search shall be conducted at the request of a Prosecutor's Office on the basis of an order of a preliminary investigation judge or on the basis of a court ruling, taking into account the exceptions listed in subsections (21) and (3) of this section.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2 1) A search may be conducted on the basis of an order of a Prosecutor's Office, except for searches of a notary's office or advocate's law office or at the persons processing information for journalistic purposes, if there is reason to believe that :

1) the suspect used or uses the site or vehicle to be searched at the time of commission of a criminal act or during the pre-trial proceedings, or
2) a criminal offence was committed at the site or in the vehicle, or it was used in the preparation for or committing of a criminal offence.
[RT I, 14.03.2011, 3 - entry into force 01.09.2011]

(3) In cases of urgency, a search may be conducted on the basis of an order of an investigative body without the permission of a court, but in such case the Prosecutor's Office shall notify a preliminary investigation judge of the search or the Prosecutor's Office in the case specified in subsection (21) of this section within 24 hours, and the preliminary investigation judge or the Prosecutor's Office shall decide on the admissibility of the search.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(4) A search warrant shall set out :

1) the objective of the search ;
2) the reasons for the search.

(5) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(6) If a search is conducted, the search warrant shall be presented for examination to the person whose premises are to be searched or to his or her adult family member or a representative of the legal person or the state or local government agency whose premises are to be searched and he or she shall sign the warrant to that effect. In the absence of the responsible person or representative, the representative of the local government shall be involved.

(7) A notary's office or an advocate's law office shall be searched in the presence of the notary or advocate. If the notary or advocate cannot be present during the search, the search shall be conducted in the presence of a person substituting for the notary or another advocate providing legal services through the same law office, or if this is impossible, another notary or advocate.

(8) If a search is conducted, the person shall be asked to hand over the object specified in the search warrant or to show where the body is hidden or the fugitive is hiding. If the proposal is not complied with or if there is reason to believe that the person complied with the proposal only partly, a search shall be conducted.

§ 92. Search report

(1) A search report shall set out :

1) a proposal to hand over the object to be found or to show where the body is hidden or the fugitive is hiding ;
2) the names of the objects which were handed over voluntarily ;
3) the conditions, course and results of the search ;
4) the names of the objects found and the characteristics of the objects which are relevant to the adjudication of the criminal matter ;
5) the personal data of the apprehended fugitive.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2) If physical examination is performed in the course of a search, the data listed in subsection 88 (4) of this Code may be entered in the search report. In such case a report on physical examination need not be prepared.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 4
SECURING OF CRIMINAL PROCEEDINGS

Division 2
Other Means of Securing Criminal Proceedings

§ 142. Seizure of property

(1) The objective of seizure of property is to secure a civil action, confiscation or replacement thereof or fine to the extent of assets. Seizure of property means recording the property of a suspect, accused, convicted offender, civil defendant or third party or the property which is the object of money laundering or terrorist financing and preventing the transfer of the property.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2) Property is seized at the request of a Prosecutor's Office and on the basis of an order of a preliminary investigation judge or on the basis of a court ruling.

(3) In cases of urgency, property, except property which is the object of money laundering, may be seized without the permission of a preliminary investigation judge. The preliminary investigation judge shall be notified of the seizure of the property within 24 hours after the seizure and the preliminary investigation judge shall immediately decide whether to grant or refuse permission. If the preliminary investigation judge refuses to grant permission, the property shall be released from seizure immediately.

(4) Upon seizure of property in order to secure a civil action, the extent of the damage caused by the criminal offence shall be taken into consideration.

(5) A ruling on the seizure of property shall be immediately submitted for examination to the person whose property is to be seized or to his or her adult family member, or if the property of a legal person is to be seized, to the representative of the legal person, and he or she shall sign the ruling to this effect. If obtaining of a signature is impossible, the ruling shall be sent to the person whose property is to be seized or to the representative of the legal person who is the owner of the property to be seized. If property is seized in the courses of performance of a procedural act, the representative of the local government shall be involved in the absence of the responsible person or representative.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(6) If necessary, an expert or qualified person who participates in a procedural act shall ascertain the value of the seized property on site.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(7) Seized property shall be confiscated or deposited into storage with liability.

(8) For the seizure of an immovable, a Prosecutor's Office shall submit an order on seizure to the land registry department of the location of such immovable in order for a prohibition on the disposal of the immovable to be made in the land register.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(9) For the seizure of an immovable or right entered in the state register, a Prosecutor's Office shall submit an order on seizure to the relevant state register.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(10) Property which pursuant to law is not subject to a claim for payment shall not be seized.

(11) If the grounds for the seizure of property cease to exist before the completion of pre-trial proceedings, a Prosecutor's Office or preliminary investigation judge shall release the property from seizure by an order or ruling.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 143. Report of seizure of property

(1) The report of seizure of property shall set out :

1) the names and characteristics of the seized objects and the number, volume or weight and value of the objects ;
2) a list of property taken over or deposited into storage with liability ;
3) absence of property to be seized if such property is missing.

(2) A list of seized property may be appended to the report of seizure of property and a notation concerning the list is made in the report. In such case, the report shall not contain the information listed in clause (1) 1) of this section.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(h) The execution of searches and seizures;