Chapter 3PROOF
Division 9Document and Physical Evidence
§ 123. Document
(1) A document containing information concerning the facts relating to a subject of proof may be used for the purposes of proof.
(2) A document is physical evidence if the document has the characteristics specified in subsection 124 (1) of this Code.
Chapter 5PROCEDURAL DOCUMENTS, TRANSLATION, INTERPRETATION AND SUMMONING
Division 1Procedural Documents
§ 144. Language of procedural documents
(1) Procedural documents shall be prepared in the Estonian language. If a procedural document is prepared in another language, a translation into Estonian shall be appended thereto.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) Translation into the Estonian language of procedural documents prepared in other languages by investigative bodies and the Prosecutor’s Office in terminated criminal proceedings shall be appended at the order of the Prosecutor's Office or at the request of a participant in proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Chapter 5PROCEDURAL DOCUMENTS, TRANSLATION, INTERPRETATION AND SUMMONING
Division 1Procedural Documents
§ 160.1. Criminal file
(1) Criminal file means a set of documents collected in a criminal matter.
(2) The court maintains a court file on every criminal matter which it deals with and which includes, in chronological order, all the procedural documents and other documentation related to the matter. In the cases prescribed by law, other objects relevant to the proceedings shall be included in the court file.
(3) A court file is kept in the form of a collection of written documents.
(4) A court file may be maintained, in whole or in part, in digital form.
(5) If a court file is maintained in digital format, paper documents are scanned and saved in the E-File system under the relevant proceedings. The E-File system shall automatically record the time of saving a document and the data of the person saving it. Documents saved in the E-File system substitute for paper documents.
(6) The time and procedure for transfer to mandatory maintaining of digital court files, technical requirements for maintaining of digital court files and access thereto and preservation of electronic documents shall be established by a regulation of the Minister responsible for the area.
(7) More specific requirements for archiving of digital court files and access to archived files and procedural documents shall be established by a regulation of the Minister responsible for the area.
[RT I, 22.03.2013, 9 - entry into force 01.04.2013]
§ 160.2. Delivery of digital documents
(1) Digital applications, appeals and other documents in criminal proceedings shall be delivered directly or through the E-File system, unless otherwise provided for in this Code. A body conducting proceedings shall enter the directly delivered digital documents in the E-File system.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(2) For a digital document to be appended to a criminal file, the document shall be printed and included in the file. A body conducting proceedings shall certify the authenticity of the printed document and the correspondence thereof to the digital document by his or her signature and add the identification number of the document in the E-File system thereto.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
(3) Advocates, notaries, bailiffs, trustees in bankruptcy and state or local government agencies shall submit applications, complaints and other documents to a body conducting proceedings by electronic means, unless there is good reason to submit procedural documents in another format.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
§ 160.3. Requirements for documents
(1) The requirements for a criminal file and the standard format of a statement of defence shall be established by the minister responsible for the area.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(1.1) The standard format of documents of pre-court procedure in criminal matters shall be established by the Prosecutor General by direction provided to the Prosecutor’s Office and investigative bodies on the basis of subsection 213 (5) of this Code.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(2) The procedure for the preparation, delivery and preservation of documents signed digitally in criminal proceedings and other digital documents shall be established by the Minister responsible for the area.
[RT I 2008, 28, 180 - entry into force 15.07.2008]
§ 160.4. Making of excerpts and obtainment of copies
(1) If a person has the right to examine procedural documents on the basis of this Code, he or she shall be allowed to make excerpts therefrom and receive a copy thereof for a fee, unless otherwise regulated by this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) In the interests of the criminal proceedings, the Prosecutor’s Office may restrict the right to make excerpts and receive copies by a reasoned order for a certain period of time.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(3) A state fee shall be paid for a copy specified in subsection (1) of this section in the amount provided for in subsection 61 (1) of the State Fees Act.
[RT I, 30.12.2014, 1 - entry into force 01.01.2015]
6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:
(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;
If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.
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:
(d) The service of documents, including judicial documents;
(i) The provision of records and documents, including official records and documents;
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
The archives of the Court, and all papers and documents in whatever form, and materials being sent to or from the Court, held by the Court or belonging to it, wherever located and by whomsoever held, shall be inviolable. The termination or absence of such inviolability shall not affect protective measures that the Court may order pursuant to the Statute and the Rules of Procedure and Evidence with regard to documents and materials made available to or used by the Court.