Chapter 3PROOF

Division 1General Conditions for Proof and Taking of Evidence

§ 64. General conditions for taking of evidence
(1) Evidence shall be taken in a manner which is not prejudicial to the honour and dignity of the persons participating in the taking of the evidence, does not endanger their life or health or cause unjustified proprietary damage. Evidence shall not be taken by torturing a person or using violence against him or her in any other manner or by means affecting a person's memory capacity or degrading his or her human dignity.
(2) If it is necessary to undress a person in the course of a search, physical examination or taking of comparative samples, the official of the investigative body, the prosecutor and the participants in the procedural act, except health care professionals and forensic pathologists shall be of the same sex as the person.
(3) If technical equipment is used in the course of taking of evidence, the participants in the procedural act shall be notified thereof in advance and the objective of using the technical equipment shall be explained to them.
(4) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(5) If necessary, participants in a procedural act shall be warned that disclosure of information relating to pre-court proceedings is prohibited in accordance with § 214 of this Code.
(6) The taking of evidence by surveillance activities is regulated by Chapter 31 of this Code.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 65. Evidence obtained on ships during voyages and in foreign states
(1) Evidence taken in a foreign state pursuant to the legislation of such state may be used in criminal proceedings conducted in Estonia unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of Estonian criminal procedure taking into account the specifications provided for in subsection (2) of this section.
(2) If the object of criminal proceedings is an act of a person who serves in the Defence Forces and has committed the act outside the Republic of Estonia, evidence taken in a foreign state may be used in criminal proceedings unless the procedural acts performed in order to obtain the evidence are in conflict with the principles of the Estonian criminal procedure regardless of the fact of whether the procedural act was conducted on the basis of a request for assistance or not.
(3) If an act to which the Penal Code of Estonia applies is committed on board a ship during a voyage, the documents prepared by the master of the ship pursuant to § 73 of the Merchant Shipping Code are the evidence in the criminal proceedings.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 3PROOF

Division 2Hearing of Witnesses

§ 66. Witness
(1) A witness is a natural person who may know facts relating to a subject of proof.
(2) A suspect or accused or the official of the investigative body, prosecutor or judge conducting the proceedings in the criminal matter shall not participate in the same criminal matter as witnesses. An official of an investigative body, prosecutor or judge who has conducted proceedings in the criminal matter may be a witness in judicial proceedings for verifying the reliability of evidence.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(2.1) The testimony of a witness concerning such facts relating to a subject of proof of which the witness has become aware through another person shall not be evidence unless:
1) the direct source of the evidence cannot be heard for the reason specified in subsection 291 (1) of this Code;
2) the content of the testimony of the witness is what he or she heard from another person about the circumstances perceived by him or her immediately before speaking in the case the specified person was, during speaking, still under the influence of what he or she had perceived, and there is no basis to believe that he or she distorts the truth;
3) the content of the testimony of the witness is what he or she heard from another person and which contains the admission of commission of a criminal offence or which is in another way in obvious conflict with the interests of the speaker;
4) the content of the testimony of the witness is the circumstances relating to a criminal offence committed jointly.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(3) A witness is required to give testimony unless there are lawful bases specified in §§ 71-73 of this Code for refusal to give testimony. While giving testimony, the witness is required to tell the truth.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

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]

Chapter 3PROOF

Division 4Confrontation, Comparison of Statements to Circumstances and Presentation for Identification

§ 77. Confrontation
(1) Persons may be confronted if a contradiction contained in their statements cannot be eliminated otherwise.
(2) In confrontation, the relationship between the persons confronted shall be ascertained and questions concerning the contradicting facts shall be posed to them in series.
(3) In confrontation, the previous statements of a person confronted may be disclosed and other evidence may be submitted.
(4) With the permission of an official of the investigative body, the persons confronted may pose questions to each other through the official concerning the contradictions contained in their statements. If necessary, the official of the investigative body changes the wording of a question posed.
(5) In the course of confrontation, statements are obtained pursuant to subsections 66 (21) and 68 (2)-(6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) The body conducting proceedings may organise the participation of a person confronted in confrontation by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code. Confrontation organized by means of a technical solution shall be video recorded.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 78. Record of confrontation
(1) A record of confrontation shall set out the course and results of the procedural act in the form of questions and answers in the order of the questions posed and answers given.
(2) At the request of the body conducting proceedings the correctness of each answer recorded shall be confirmed by the signatures of the persons confronted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(3) If the answers of the persons confronted coincide, the answers may be recorded as a single answer.
(4) If the previous statements of a person confronted are disclosed or other evidence is submitted, such disclosure or submission shall be evident from the wording of the questions recorded.

§ 79. Comparison of statements to circumstances
(1) Upon comparison of statements to circumstances, a proposal shall be made to a suspect, accused, victim or witness who has been interrogated or heard to explain and specify the facts relating to the criminal act on the scene of the act and compare his or her statements to the circumstances on the scene.
(2) If it is necessary in pre-court proceedings to compare the statements of several persons to circumstances, the comparison shall be conducted separately with each person.
(3) In the course of comparison of statements to circumstances, statements are obtained pursuant to subsections 66 (21) and 68 (2)-(6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 80. Report on comparison of statements to circumstances
A report on comparison of statements to circumstances shall set out:
1) the proposal made to the suspect, accused, victim or witness to explain and specify the facts relating to the subject of proof on the scene of events;
2) the statements given upon comparison of statements to circumstances;
3) the nature and content of the acts performed by the suspect, accused, victim or witness and the name of the place or object the circumstances relating to which are compared to the statements or acts;
4) whether and to which extent the circumstances on the scene of events have been recreated in the course of the procedural act;
5) the location, on the scene of events, of the object the circumstances relating to which are compared to the statements, and information derived from inspection of the object;
6) the names of the objects which are confiscated in order to be used as physical evidence.

§ 81. Presentation for identification
(1) If necessary, the person conducting proceedings may present a person, thing or other object for identification to a suspect, accused, victim or witness who has been heard or interrogated.
(2) A person, thing or other object shall be presented for identification with at least two other similar objects.
(3) A set of objects shall not be formed if the object presented for identification is:
1) a body;
2) an area, building, room or other object in the case of which presentation of several objects concurrently is impossible;
3) an object the features of which are substantially different from other objects and therefore a set of similar objects cannot be formed.
(4) If necessary, a photograph, film or audio or video recording of a person, thing or other object shall be presented for identification.
(5) Presentation for identification may be repeated if the object was first presented for identification on a photograph, film or video recording or if there is reason to believe that the object was not recognised because it had changed, and it is possible to restore the former appearance of the object.
(6) If a suspect, accused, victim or witness recognises an object which is presented to him or her for identification or confirms the similarity of the object to the object related to the act under investigation, he or she shall be asked to specify the features on the basis of which he or she reached such conclusion and to explain how the object and the act are related. If he or she denies equivalence or similarity, he or she shall be asked to explain how the object or objects presented to him or her differ from the object related to the act under investigation.
(7) If an object or a set of objects is presented for identification, it shall be photographed or video recorded.
(8) In the course of presentation for identification, statements are obtained pursuant to subsections 66 (21) and 68 (2)-(6) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 82. Report on presentation for identification
(1) A report on presentation for identification shall set out:
1) the names of the object or objects presented for identification;
2) the essential features which were similar for all the objects presented for identification, and where the object presented for identification was located among the other objects;
3) the place chosen by the person presented for identification among the other persons;
4) the proposal made to the identifier to watch the object or objects presented to him or her and say whether he or she recognises the object related to the event under investigation and whether he or she finds the object similar to or different from the other objects;
5) the features by which the identifier recognised the object.
(2) If a person who has been recognised contests the result of the procedural act, a corresponding notation shall be made in the report.

Chapter 3PROOF

Division 5Inspection and Inquiries to Electronic Communications Undertakings
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 83. Objective of inspection and objects of inspection
(1) The objective of an inspection is to collect information necessary for resolving the 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]

§ 84. Inspection of scene of events
(1) Inspection of a scene of events shall be conducted at the place of commission of a criminal offence or a place related to the commission of a criminal offence.
(2) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 3PROOF

Division 5Inspection and Inquiries to Electronic Communications Undertakings
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 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 resolving 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 3PROOF

Division 6Search 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 resolving the criminal matter, assets to be seized in criminal proceedings, or a body, or to apprehend a fugitive in a building, room, vehicle or enclosed area. A search may be conducted if there is reasonable doubt that the object to be found is at the place of the search.
(2) Unless otherwise provided by this Code, A search may be conducted at the request of the Prosecutor’s Office on the basis of an order of a preliminary investigation judge or on the basis of a court order. Both an order of a preliminary investigation judge as well as a court order resolving a search request by the Prosecutor’s Office may be drawn up as an endorsement on the request of the Prosecutor’s Office.
(3) A search may be conducted on the basis of an order of the 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 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-court proceedings, and the person is suspected of committing the crime specified in subsection 1262 (2) of this Code.
(4) A search warrant shall set out:
1) what is being searched for as the objective of the search (hereinafter object to be found);
2) the reasons for the search;
3) the place where the search is conducted.
(5) In the cases of urgency, if execution of a search warrant on time is impossible, a search may be conducted on the terms and conditions specified in subsection (3) of this section on the basis of an authorisation of the Prosecutor’s Office issued in a format which can be reproduced in writing.
(6) When a search is conducted on the bases specified in subsections (3) and (5) of this section, a preliminary investigation judge has to be notified thereof through the Prosecutor’s Office during the first working day following the beginning of the search. A preliminary investigation judge shall decide on the admissibility of the search by an order which may be drawn up as an inscription on the determination of the Prosecutor’s Office.
(7) 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. The warrant shall be signed to confirm the presentation. In the case specified in subsection (5) of this section, the person whose premises are to be searched or his or her adult family member or a representative of the legal person or the state of local government agency whose premises are to be searched shall be explained upon implementation of a search the circumstances specified in subsections (4) of this section and the reasons for conducting a search urgently. The search report shall be signed to confirm that explanations of the circumstances were provided. In the absence of the responsible person or representative, a representative of the local authority shall be involved.
(8) 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.
(9) When a search is implemented, the person shall be asked to hand over the object to be found 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.
(10) In the course of a search, all objects may be taken away which are subject to confiscation or are evidently the evidence in the criminal proceedings if they were discovered without any search in a clearly visible place or in the course of reasonable search undertaken to find the objects to be found.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]

§ 91.1. Entry against possessor's will
If entry into a building, premises, vehicle or enclosed area against the will of the possessor thereof is required for performance of a procedural act, it shall be done in compliance with the procedure provided for in § 91 of this Code, except for the case this is necessary for:
1) observation of a body or crime scene immediately after finding of the body or commission of the criminal offence, or
2) for detention of a person as a suspect immediately after the commission of the criminal offence.
[RT I, 12.07.2014, 1 - entry into force 13.07.2014]

§ 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 with a view to resolving the criminal matter;
5) the identification data of apprehended fugitives.
[RT I, 13.03.2019, 2 - entry into force 15.03.2019]
(1.1) In the case specified in subsection 91 (5) of this Code, the circumstances specified in subsection 91 (4) shall be indicated in the introduction to the search report and the reasons why the search in urgent.
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]
(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 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.

§ 124. Physical evidence
(1) Physical evidence means a thing which is the object of a criminal offence, the object used for the commission of a criminal offence, a thing bearing the evidentiary traces of a criminal offence, the impression or print made of the evidentiary traces of a criminal offence, or any other essential object relating to a criminal act, which can be used in ascertaining the facts relating to a subject of proof.
(2) If an object used as physical evidence has not been described in the report on the investigative activities as exactly as necessary for the purposes of proof, inspection of the object shall be carried out in order to record the characteristics of the physical evidence.
(3) Physical evidence or confiscated objects are immediately returned to their owner or former lawful possessor if this does not hinder criminal proceedings. In general, physical evidence or confiscated objects are returned in their storage place.
[RT I, 31.12.2016, 2 - entry into force 10.01.2017]
(4) If six months have elapsed from the confiscation of physical evidence but there is no one accused in the criminal matter, physical evidence is stored at the request of the owner or lawful holder thereof with the person filing the request pursuant to the conditions for storage of physical evidence, except in the cases specified in subsections (5) and (6) of this section.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(5) A prosecutor may extend the six-month term specified in subsection (4) of this section at the request of an investigative body for up to one year. The term is extended automatically if the request specified in subsection (4) is not submitted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) A preliminary investigation judge may extend the terms specified in subsections (4) and (5) of this section at the request of the Prosecutor’s Office for a term longer than one year if the delay in bringing the charges arose due to the complexity or extent of a criminal matter or exceptional cases arising from international cooperation. The term is extended automatically if the request specified in subsection (4) is not submitted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 125. Storage of physical evidence
(1) Physical evidence shall be stored in a criminal file, physical evidence storage facility of an investigative body, Prosecutor’s Office or court or on other premises in the possession of or territory guarded by it or in a forensic institution, or the measures prescribed in § 126 of this Code shall be applied to the physical evidence if this does not prejudice criminal proceedings in the case.
[RT I, 31.12.2016, 2 - entry into force 10.01.2017]
(2) Physical evidence which cannot be stored pursuant to the procedure provided for in subsection (1) of this section and with regard to which the measures prescribed in § 126 of this Code cannot be applied in the interests of the criminal proceedings prior to the entry into force of a court judgment or termination of criminal proceedings shall be deposited into storage with liability on the basis of a contract.
(3) A person with whom physical evidence is deposited shall ensure the inviolability and preservation of the evidence.
(4) A person with whom physical evidence is deposited but who is not the owner or legal possessor thereof has the right to receive compensation for the storage fee which shall be included in the procedure expenses. The storage costs shall be compensated for on the basis of a contract between the body conducting the proceedings and the depositary.
(5) If physical evidence is a document which is necessary for the owner in the future economic or professional activity thereof or for another good reason, the body conducting the proceedings shall make a copy of the document for the owner. The authenticity of the copy shall be certified by the signature of the person conducting the proceedings on the copy.
(6) Subsections (1)-(5) of this section are applied also with regard to confiscated objects which are not physical evidence.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 126. Measures applicable to physical evidence and confiscated property
(1) Highly perishable physical evidence which cannot be returned to its lawful possessor shall be granted to a state or local government health care of social welfare institution free of charge, transferred, or destroyed in the course of criminal proceedings on the basis of an order of the body conducting the proceedings. The money received from the sale shall be transferred into public revenues.
(1.1) Physical evidence which cannot be returned to the legal possessor thereof, in the case of which the costs of keeping thereof are unreasonably high, may be transferred at the request of the Prosecutor’s Office and on the basis of an order of a preliminary investigation judge. The amount received from transfer shall be seized.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(1.2) Physical evidence which the owner or legal possessor thereof has failed to take away within six months after becoming aware of the decision on return may be transferred or destroyed by the holder thereof pursuant to the procedure provided for in the State Assets Act.
[RT I, 31.12.2016, 2 - entry into force 01.02.2017]
(2) Property subject to confiscation which lawful possessor has not been ascertained may be confiscated in the course of criminal proceedings at the request of the Prosecutor’s Office and on the basis of a court order.
(2.1) property seized in order to secure confiscation may be transferred at the request of the Prosecutor’s Office and with the consent of the owner of the property on the basis of an order of a preliminary investigation judge. Property may be transferred without the consent of its owner if the costs of keeping thereof are unreasonably high or if this is necessary for prevention of decrease in the value of the property. The amount received from transfer shall be seized.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(2.2) Things of no or small value, pirated goods or counterfeit goods, which are seized in order to secure confiscation, may be destroyed without the consent of their owner or in the cases provided by law recycled at the request of the Prosecutor’s Office on the basis of an order of a preliminary investigation judge, if the costs of keeping thereof are unreasonably high.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(3) An order of a body conducting proceedings or a court judgment shall prescribe the following measures applicable to physical evidence:
1) a thing bearing evidentiary traces of criminal offence, a document, or an impression or print made of evidentiary traces of a criminal offence may be stored together with the criminal matter, included in the criminal file or stored in the physical evidence storage facility or any other premises in the possession of the body conducting proceedings or in a forensic institution;
2) other physical evidence the ownership of which has not been contested shall be returned to the owner or lawful possessor thereof;
3) physical evidence of commercial value the owner or lawful possessor of which has not been ascertained shall be transferred into state ownership;
4) things of no value and pirated or counterfeit goods shall be destroyed or, in the cases provided by law, recycled;
5) objects which were used for staging a criminal offence shall be returned to the owners or lawful possessors thereof;
6) property which was obtained by the criminal offence and the return of which is not requested by the lawful possessor shall be transferred into state ownership or transferred in order to cover the costs of the civil action or proof of claim in public law.
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
(4) If the ownership relations pertaining to physical evidence specified in clause (3) 2) of this section are not apparent, the measures applicable to the physical evidence in pre-court proceedings shall be decided by an order of the preliminary investigation judge at the request of the Prosecutor’s Office.
(5) Subsections (1)-(3) of this section are also applied with regard to objects confiscated in criminal proceedings which do not constitute physical evidence.
(5.1) The procedure provided for confiscated property shall apply to physical evidence transferred into state ownership on the basis of subsection (3) of this section and property obtained by criminal offence.
[RT I, 31.12.2016, 2 - entry into force 01.02.2017]
(6) The procedure for refund of the money received from transfer to the lawful possessor of the property from the budget shall be established by the Government of the Republic.
[RT I, 31.12.2016, 2 - entry into force 01.02.2017]
(7) The procedure for registration, storage, transfer and destruction of physical evidence and seized property and for evaluation, transfer and destruction of highly perishable physical evidence and property seized in order to secure confiscation by the bodies conducting the proceedings shall be established by the Government of the Republic.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

Chapter 3.1SURVEILLANCE ACTIVITIES
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.1. General conditions for conduct of surveillance activities
(1) Surveillance activities denote the processing of personal data for the performance of a duty provided by law with the objective of hiding the fact and content of data processing from the data subject.
(2) Surveillance activities are permitted on the bases provided for in this Code if collection of data by other activities or taking of evidence by other procedural acts is impossible, is impossible on time or is especially complicated or if this may prejudice criminal proceedings in the case.
(3) Surveillance activities shall not endanger the life or health of persons, cause unjustified property and environment damage or unjustified infringement of other personality rights.
(4) Information obtained by surveillance activities is evidence if application for and grant of authorisation for surveillance activities and the conduct of surveillance activities is in compliance with the requirements of law.
(5) Surveillance activities are conducted both directly through the institution specified in subsection 126.2 (1) of this Code as well as the institutions, subordinate units and employees administered by them and authorised to conduct surveillance activities, and through police agents, undercover agents and persons recruited for secret cooperation.
(6) A member of the Riigikogu or a rural municipality or city council, a judge, prosecutor, advocate, minister of religion or an official elected or appointed by the Riigikogu with his or her consent and a minor with the consent of his or her legal representative may be involved in the activities provided for in this Chapter with the permission of a preliminary investigation judge only if they are participants in proceedings or witnesses in the criminal matter concerned or a criminal offence is directed against him or her or a person close to him or her.
(7) If the conduct of surveillance activities is requested by another investigative body, the surveillance agency which conducted the surveillance activities shall communicate the information obtained by the surveillance activities to the requesting investigative body together with the photographs, films, audio and video recordings and other data recordings made in the course of the surveillance activities.
(8) A surveillance agency has the right to also process, when conducing the surveillance activities, the data available from other sources besides surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.2. Bases for conduct of surveillance activities
(1) The Police and Border Guard Board, the Security Police Board, the Tax and Customs Board, the Military Police and the Prisons Department of the Ministry of Justice and prisons (hereinafter surveillance agency) may conduct surveillance activities on the following bases:
1) a need to collect information about the preparation of a criminal offence for the purpose of detection and prevention thereof;
2) the execution of an order on declaring a person a fugitive;
3) a need to collect information in confiscation proceedings pursuant to the provisions of Chapter 161 of this Code;
4) a need to collect information in criminal proceedings about a criminal offence.
(2) On the basis of the provisions of clauses (1) 1) and 4) of this section, surveillance activities may be conducted in the event of criminal offences specified in §§ 89-931, 95-97, 99, 1001, 101-104, 106-108, 110-114, 116, 118 and 120, subsection 121 (2), §§ 133-137, 1381 and 141-146, § 1573, subsections 151 (2) and (4), subsection 161 (2), §§ 162, 163, 172-179, 183-185, 187-190, 194, 195, 199 and 200, subsections 201 (2) and (3), subsections 202 (2) and (3), §§ 204, 206-214, 2161-217, 2172, 222, 227, 231-238, 241, 243, 244, 246, 250, 251, 255 and 256, clause 258 2), §§ 259, 2591 and 263, subsections 266 (2) and (4), §§ 274, 2901, 291, 2911, 294, 296, 298-299, 300, 3001, 302, 303, 310-313 and 315-3161, subsection 321 (2), §§ 326-328, 331, 3313, 333-334, 335, 336, 340 and 347, subsections 356 (1) and (3), subsections 357 (1) and (3), subsections 361 (1) and (3), subsections 364 (2)-(3), §§ 375-3762, 384, 3891, 391, 393, 394 and 3941, subsections 398 (2) and (4), subsections 3981 (2) and (4), §§ 400, 4023, 4024, 403-407, 414-416, 418, 4181, 4211, 4212, 434, 435 and 437-439, subsections 440 (3) and §§ 446 and 449 of the Penal Code.
[RT I, 20.12.2019, 1 - entry into force 30.12.2019]
(3) On the basis of this Code, surveillance activities may be conducted in respect of the following persons:
1) on the basis specified in clause (1) 1) of this section in respect of the person in the case of whom there are serious reasons to believe that he or she commits the criminal offence specified in subsection (2) of this section;
2) on the basis specified in clause (1) 2) of this section in respect of the person who is declared to be a fugitive;
3) on the basis specified in clause (1) 3) of this section in respect of the person who owns or possesses the assets which are the object of confiscation proceedings;
4) on the basis specified in clause (1) 4) of this section in respect of the person who is a suspect in criminal proceedings or with respect to whom there is justified reason to believe that he or she has committed or commits the specified criminal offence.
(4) The surveillance activities conducted on the basis provided for in clauses (1) 2)-4) of this section may be also conducted in respect of the person with regard to whom there is good reason to believe that he or she interacts with the person specified in clauses (3) 2)-4) of this section, communicates information to him or her, provides assistance to him or her or allows him or her to use his or her means of communication, and if the conduct of surveillance activities in respect of such person may provide the data required for the achievement of the objective of the surveillance activities.
(5) A surveillance agency may conduct surveillance activities on the basis specified in subsection (1) of this section if this is related to a criminal offence which is in the investigative jurisdiction of such surveillance agency.
(6) A surveillance agency may conduct surveillance activities at the request of another surveillance agency within the limits of its competence under the conditions and pursuant to the procedure provided for in this Code.
(7) The Police and Border Guard Board and the Security Police may also conduct surveillance activities at the request of other investigative bodies.
(8) The Prisons Department of the Ministry of Justice and prisons may also conduct surveillance activities in a custodial institution at the request of other investigative bodies.
(9) Where the bases for surveillance activities cease to exist, the surveillance activities shall be immediately terminated.
(10) Surveillance activities may be conducted on the basis not specified in this Code only on the basis provided for in the Estonian Defence Forces Organisation Act, Taxation Act, Police and Border Guard Act, Weapons Act, Strategic Goods Act, Customs Act, Witness Protection Act, Security Act, Imprisonment Act, Aliens Act and Obligation to Leave and Prohibition on Entry Act. The provisions of this Chapter apply to conduct of surveillance activities, processing of information collected by surveillance activities, giving notification of surveillance activities and submission of information collected for examination with the specifications provided for in the above specified Acts.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.3. Surveillance activities
(1) On the basis specified in subsection 126.2 (1) of this Code, a surveillance agency may covertly watch a person, thing or area, covertly take comparative samples and perform initial examinations, covertly examine a thing and covertly replace it.
(2) The Police and Border Guard Board and the Security Police Board may conduct the following surveillance activities on the basis specified in clause 126.2 (1) 1) of this Code upon collection of information concerning the preparation for the criminal offence specified in §§ 244 and 246, clause 266 (2) 3) and §§ 255 and 256 of the Penal Code and on the basis specified in clauses 3) and 4):
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]
1) to covertly examine a postal item;
2) to covertly observe or wire-tap information;
3) to use a police agent.
(3) The Police and Border Guard Board and the Security Police Board may stage a criminal offence on the basis specified in clause 126.2 (1) 4) of this Code for the purpose of detection of a criminal offence or detention of a criminal.
(4) The Prisons Department of the Ministry of Justice and prisons may conduct the following surveillance activities specified in clauses 126.2 (1) 1) and 4) of this Code:
1) to covertly examine a postal item;
2) to covertly observe or wire-tap information.
(5) Covert entry into a building, premises, vehicle, enclosed area or computer system is permitted upon conduct of the surveillance activities specified in subsection (1) and clauses (2) 2) and 3) of this section in the case this is unavoidably necessary for the achievement of the objectives of the surveillance activities.
(6) For the purposes of this Code, entry into the possessions of other persons is deemed to be covert if the fact of entry is covert for the possessor or if a misconception of existing facts is knowingly caused by fraud upon entry and the possessor, with knowledge of the actual circumstances, would not have given possession for entry.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.4. Grant of permission for surveillance activities
(1) Surveillance activities may be conducted with a written permission of the Prosecutor’s Office or a preliminary investigation judge. The preliminary investigation judge shall decide the grant of permission by an order on the basis of a reasoned application of the Prosecutor’s Office. The preliminary investigation judge shall consider a reasoned request submitted by the Prosecutor’s Office without delay and grant or refuse to grant permission for the conduct of the surveillance activities by an order.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(2) In cases of urgency, surveillance activities requiring the permission of the Prosecutor’s Office may be conducted with the permission of the Prosecutor’s Office issued in a format which can be reproduced in writing. A written permission shall be formalised within 24 hours as of the commencement of surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(3) In the case of immediate danger to the life, physical integrity or physical freedom of a person or to proprietary benefits of high value and requesting a permission or execution thereof on time is impossible, surveillance activities requiring the permission of a court may be conducted, in cases of urgency, with the permission of the court issued in a format which can be reproduced in writing. A written application and permission shall be formalised within 24 hours as of the commencement of surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(4) A permission issued in cases of urgency in a format which can be reproduced in writing shall contain the following information:
1) the issue of the permission;
2) the date and time of issue of the permission;
3) surveillance activities for which the permission is issued;
4) if known, the name of the person with regard to whom the surveillance activities are conducted;
5) the term of the permission for surveillance activities.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(5) If covert entry into a building, premises, vehicle, enclosed area or computer system is necessary for conduct of surveillance activities or in order to install or remove technical appliances necessary for surveillance, the Prosecutor’s Office shall apply for a separate permission of a preliminary investigation judge for such purpose.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]
(6) The duration of surveillance activities conducted with respect to a specific person on the basis provided for in clauses 126.2 (1) 1), 3) and 4) of this Code in the same proceedings must not exceed one year. In exceptional cases, the Prosecutor General may authorise or apply to a court for authorisation to conduct surveillance activities for more than one year.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]

§ 126.5. Covert surveillance, covert collection of comparative samples and conduct of initial examinations, covert examination and replacement of things
(1) The Prosecutor’s Office shall issue a permission for covert surveillance of persons, things or areas, covert collection of comparative samples and conduct of initial examinations and covert examination or replacement of things for up to two months. The Prosecutor’s Office may extend the term of the permission for up to two months at a time.
(2) In the course of the surveillance activities specified in this section, the information collected shall be, if necessary, video recorded, photographed or copied or recorded in another way.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.6. Covert examination of postal items
(1) Upon covert examination of a postal item, information derived from the inspection of the item is collected.
(2) After the covert examination of a postal item, the item shall be sent to the addressee.
(3) In the course of the activities specified in this section, the information collected shall be, if necessary, video recorded, photographed or copied or recorded in another way.
(4) In the course of covert examination of a postal item, the item may be replaced.
(5) A preliminary investigation judge grants permission for the surveillance activities specified in this section for up to two months. After expiry of the specified term, the preliminary investigation judge may extent this term by up to two months.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.7. Wire-tapping or covert observation of information
(1) Information obtained by wire-tapping or covert observation of messages or other information transmitted by the public electronic communications network or communicated by any other means shall be recorded.
(2) Information communicated by a person specified in § 72 of this Code or information communicated to such person by another person which is subject to wire-tapping or covert observation shall not be used as evidence if such information contains facts which have become known to the person in his or her professional activities, unless:
1) the person specified in § 72 of this Code has already given testimony with regard to the same facts or if the facts have been disclosed in any other manner;
2) a permission has been granted with respect to such person for wire-tapping or covert observation; or
3) it is evident on the basis of wire-tapping or covert observation of another person that the specified person commits or has committed a criminal offence.
(3) A preliminary investigation judge grants permission for the surveillance activities specified in this section for up to two months. After expiry of the specified term, the preliminary investigation judge may extent this term by up to two months.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.8. Staging of criminal offence
(1) Staging of a criminal offence is the commission of an act with the elements of a criminal offence with the permission of a court, taking into account the restrictions prescribed in subsection 126.1 (3) of this Code.
(2) If possible, a staged criminal offence shall be photographed, filmed or audio or video recorded.
(3) A preliminary investigation judge grants permission for the surveillance activities specified in this section for up to two months. After expiry of the specified term, the preliminary investigation judge may extent this term by up to two months.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.9. Use of police agents
(1) A Police agent for the purposes of this Code is a person who collects information on the basis specified in clauses 126.2 (1) 1), 3) or 4) of this Code in criminal proceedings by using a false identity.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]
(2) The Prosecutor’s Office shall issue a written permission for the use of police agents. Permission for the use of a police agent is granted for up to six months and this term may be extended by six months at a time.
(3) A police agent has all the obligations of an official of a surveillance agency in so far as the obligations do not require disclosure of the false identity.
(4) The statements of a police agent are used as evidence pursuant to the provisions of this Code concerning witnesses.
(5) Based on an order of the Prosecutor’s Office, the fact of using a police agent or the identity of a police agent shall also remain confidential after completion of surveillance activities if disclosure may endanger the life or health, honour and good name or property of the police agent or the persons connected with him or her or his or her further activities as a police agent.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.10. Documentation of surveillance activities
(1) On the basis of the information collected by surveillance activities, an official of the body that conducted surveillance activities or applied for surveillance activities shall prepare a report on surveillance activities which shall set out:
1) the name of the body which conducted the surveillance activities;
2) the time and place of conducting the surveillance activities;
3) the name of the person with regard to whom the surveillance activities were conducted;
4) the date of issue of a permission of a court or a permission of the Prosecutor’s Office which is the basis for surveillance activities;
5) the date of submission of an application of the Prosecutor’s Office if the surveillance activities are based on a permission of a court;
6) information collected by surveillance activities which is necessary to achieve the purpose of surveillance activities or to resolve the criminal matter.
(2) The photographs, films, audio and video recordings and other data recordings made in the course of surveillance activities shall be appended to a report, if necessary.
(3) If necessary, the surveillance agency that conducted surveillance activities shall record the information collected by surveillance activities in a summary of surveillance activities. The summary of surveillance activities and the photographs, films, audio and video recordings and other data recordings made in the course of surveillance activities shall be appended to a surveillance file.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.11. Keeping of surveillance files
(1) The information collected by surveillance activities, data recordings made in the course of surveillance activities, data obtained in the manner specified in subsection 126.1 (8) of this Code and data required for comprehension of the integrity of the information collected by surveillance activities concerning an undercover agent and simulated person, structural unit, body and branch of a foreign company shall be stored in a surveillance file.
(2) The procedure for keeping and storage of surveillance files shall be established by a regulation of the Government of the Republic on the proposal of the Minister responsible for the area.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.12. Storage, use and destruction of surveillance files and data recordings collected by surveillance activities
(1) The photographs, films, audio and video recordings and other data recordings or any part thereof necessary for resolving a criminal matter and made in the course of surveillance activities shall be stored in the criminal file or together with the criminal matter. The rest of the materials on surveillance activities shall be stored at surveillance agencies pursuant to the procedure specified in subsection 126.11(2) of this Code.
(2) Surveillance files shall be stored as follows:
1) surveillance files kept on criminal offences under preparation, files on searching persons and confiscation files – until the redundancy of information contained therein, but for not longer than 50 years;
2) files on criminal offences – until the deletion of data concerning punishment from the criminal records database or expiry of the limitation period for the criminal offence.
(3) The information collected by surveillance activities may be used in other surveillance activities, other criminal proceedings, security vetting, in deciding, in the cases provided by law, upon hiring persons and grant of permissions or licences to verify the conformity of the person to the requirements provided by law.
(4) The information collected by surveillance activities may be stored for study and research purposes. Personal data and, if necessary, the information collected shall be completely altered in order to prevent disclosure of persons who have been engaged in surveillance activities or recruited therefor.
(5) If preservation of a data recording made in the course of surveillance activities and added to a criminal file is not necessary, the person subject to the surveillance activities whose fundamental rights were violated by such surveillance activities may request destruction of the data recording after the entry into force of the court judgment.
(6) The data recording specified in subsection (5) of this section shall be destroyed by a court. A report shall be prepared on the destruction of a data recording and included in the criminal file.
(7) If the materials on surveillance activities are stored in a criminal file, the information concerning the persons accused in criminal proceedings whose private or family life was significantly violated by the surveillance activities and whose rights or freedoms may be significantly damaged by disclosure shall be removed from or covered up in the criminal file upon disclosure thereof pursuant to the Public Information Act.
(8) Files containing a state secret or classified information of a foreign state shall be stored and destroyed pursuant to the State Secrets and Classified Information of Foreign States Act.
(9) Surveillance files subject to destruction and data recordings collected shall be destroyed by a committee formed by the head of a surveillance agency in the presence of a prosecutor. The committee shall prepare a report concerning the destruction of a file and data recording collected which shall set out the number of the file or information concerning the destructed data recording and the reason for the destruction thereof.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.13. Notification of surveillance activities
(1) Upon expiry of the term of a permission for the conduct of surveillance activities and, when several surveillance activities are conducted that coincide at least partly in time, upon expiry of the term of the last permission, the surveillance agency shall immediately notify the person with respect to whom the surveillance activities were conducted and the person whose private or family life was significantly violated by the surveillance activities and who was identified in the course of the proceedings. The person shall be notified of the time and type of surveillance activities conducted with respect to him or her.
(2) With the permission of a prosecutor, a surveillance agency need not give notification of conduct of surveillance activities if this may:
1) significantly prejudice criminal proceedings in the case;
2) significantly damage the rights and freedoms of another person which are guaranteed by law or endanger another person;
3) endanger the confidentiality of the methods and tactics of a surveillance agency, the equipment or police agent used in conducting surveillance activities, of an undercover agent or person who has been recruited for secret cooperation.
(3) With the permission of the Prosecutor’s Office, a person need not be given notification of surveillance activities until the basis specified in subsection (2) of this section cease to exist. The Prosecutor’s Office shall verify the basis for non-notification in a criminal matter upon completion of pre-court proceedings but not later than one year after the expiry of the term of the permission for surveillance activities.
(4) If the grounds for non-notification of surveillance activities are still present one year after the expiry of the term of the authorisation for surveillance activities, the Prosecutor’s Office applies, at the latest 15 days prior to the expiry of the specified term, for a permission of a preliminary investigation judge for extension of the non-notification term. The preliminary investigation judge grants permission by an order for non-notification of the person or refuses to grant such permission. Upon non-notification of a person, the order shall set out whether the non-notification is granted for an unspecified or specified term. In the case of non-notification during a specified term, the term during which a person is not notified shall be set out.
(5) If the basis specified in subsection (2) of this section have not ceased to exist upon expiry of the term of the permission granted for non-notification by a preliminary investigation judge specified in subsection (4) of this section, the Prosecutor’s Office applies, at the latest 15 days prior to expiry of such term, for a permission from a preliminary investigation judge for extension of the non-notification term. The preliminary investigation judge grants permission by an order pursuant to the provisions of subsection (4) of this section.
(6) A person shall be immediately notified of surveillance activities upon expiry of the permission for non-notification or refusal to grant permission for the extension thereof.
(7) When a person is notified of surveillance activities conducted with respect to him or her, the procedure for appeal shall be explained to him or her.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.14. Submission of information collected by surveillance activities for examination
(1) The person who has been notified pursuant to § 126.13 of this Code shall be permitted at his or her request to examine the data collected with respect to him or her and the photographs, films, audio and video recordings and other data recordings made in the course of the surveillance activities. With the permission of the Prosecutor’s Office, the following information need not be submitted until the corresponding bases cease to exist:
1) information concerning the family or private life of other persons;
2) information the submission of which may damages the rights and freedoms of another person which are guaranteed by law;
3) information which contains state secrets, classified information of foreign states or secrets of another person that are protected by law;
4) information the submission of which may endanger the life, health, honour, good name and property of an employee of a surveillance agency, police agent, undercover agent, person who has been recruited for secret cooperation or another person who has been engaged in surveillance activities or of persons connected with them;
5) information the submission of which may endanger the right of a police agent, undercover agent and person who has been recruited for secret cooperation to maintain the confidentiality of cooperation;
6) the submission of which may result in communication of information concerning the methods, tactics of a surveillance agency and the equipment used in conduct of surveillance activities;
7) information which cannot be separated or disclosed without information specified in clauses 1)-6) of this subsection becoming evident.
(2) Upon submission of or refusal to submit information collected by surveillance activities for examination to a person, the procedure for appeal shall be explained to him or her.
(3) The procedure for notification of surveillance activities and submission of surveillance files shall be established by a regulation of the Government of the Republic on the proposal of the Minister responsible for the area.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.15. Supervision over surveillance activities
(1) the Prosecutor’s Office shall exercise supervision over the compliance of surveillance activities with the permission provided for in § 1264 of this Code.
(2) The committee of Riigikogu specified in § 36 of the Security Authorities Act shall exercise supervision over the activities of surveillance agencies. A surveillance agency shall submit a written report to the committee through the appropriate ministry at least once every three months.
(3) The Ministry of Justice shall publish on its website once a year a report on the basis of the information obtained from surveillance agencies, Prosecutor’s Offices and courts, which contains the following information concerning the previous year:
1) number and type of opened surveillance files;
2) number of permissions for surveillance activities by types of surveillance activities;
3) number of persons notified of conduct of surveillance activities and number of persons in the case of whom notification was postponed pursuant to subsection 12613 (4) of this Code for more than one year.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.16. Filing of appeals in connection with surveillance activities
(1) An appeal may be filed pursuant to the procedure provided for in Chapter 15 of this Code against the court order that grants permission for surveillance activities on the basis specified in this Code.
(2) An appeal may be filed pursuant to the procedure provided for in Division 5 of Chapter 8 of this Code against the course of surveillance activities conducted on the basis specified in this Code, non-notification thereof and refusal to submit information collected thereby.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126.17. Surveillance activities information system
(1) The surveillance activities information system (hereinafter information system) is a database belonging to the State Information Systems maintained for processing of the surveillance activities information provided for in this Code, the objective of which is to:
1) provide an overview of surveillance activities conducted by surveillance agencies;
2) provide an overview of requests of surveillance agencies and Prosecutor’s Offices for conduct of surveillance activities;
3) provide an overview of permissions issued by Prosecutor’s Offices and courts for conduct of surveillance activities;
4) provide an overview of notification of surveillance activities and submission of information collected by surveillance activities;
5) reflect information concerning the surveillance activities conducted;
6) enable the organisation of the activities of surveillance agencies, Prosecutor’s Offices and courts;
7) collect statistics on surveillance activities which are necessary for the making of decisions concerning criminal policy;
8) enable electronic forwarding of data and documents.
(2) The information system shall be established and the statutes thereof shall be approved by the Government of the Republic.
(3) The chief processor of the information system is the Ministry of Justice.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
(4) The minister responsible for the area may organise the activities of the information system by a regulation.
[RT I, 29.06.2012, 2 - entry into force 01.01.2015]

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]

Chapter 4SECURING OF CRIMINAL PROCEEDINGS

Division 2Other Means of Securing Criminal Proceedings

§ 142. Seizure of property
(1) The objective of seizure of property is to secure a civil action, proof of claim in public law, 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, 06.01.2016, 5 - entry into force 01.01.2017]
(2) Assets are seized at the request of the Prosecutor’s Office on the basis of an order of a preliminary investigation judge or on the basis of a court order, taking into account the exceptions specified in subsection (3) of this section.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]
(2.1) Seizure of any assets held in an account with a credit or financial institution means imposition of such restrictions on the use of the account during which the credit institution or financial institution does not comply with any account debiting instructions to the extent of the assets seized.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]
(3) In the cases of urgency, assets may be seized on the basis of an order of the Prosecutor’s Office. a preliminary investigation judge must be informed of seizure of assets within 24 hours as of the seizure and the preliminary investigation judge shall deliver a decision to grant or refuse to grant an authorisation by an order immediately but not later than 72 hours after becoming aware of the seizure. If the preliminary investigation judge refuses to grant permission, the property shall be released from seizure immediately.
[RT I, 06.01.2016, 5 - entry into force 01.07.2016]
(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) An order 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 order to this effect. If obtaining of a signature is impossible, the order shall be communicated 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. Property shall be deposited into storage with liability on the basis of a deposit contract. The depositary shall ensure that property be preserved and the depositary shall be warned about a criminal punishment for unauthorised use, disposal of or intentional damage to the property.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(8) In order to seize an immovable, a preliminary investigation judge shall submit an order on the seizure to the land registry department of the Tartu County Court in order for a prohibition on the disposal of the immovable to be made in the land register.
[RT I, 21.06.2014, 8 - entry into force 01.01.2015]
(9) For seizure of a movable or right entered in a state register, the Prosecutor’s Office shall submit an order on seizure to the relevant state register, for seizure of registered securities to the central securities depository.
[RT I, 26.06.2017, 1 - entry into force 06.07.2017]
(10) Property which pursuant to law is not be 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-court proceedings, the Prosecutor’s Office or preliminary investigation judge shall release the property from seizure by an order. Immovable property is released from seizure by an order of a preliminary investigation judge.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 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.

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 1General Provisions

§ 433. General principles
(1) International cooperation in criminal proceedings comprises extradition of persons to foreign states, mutual assistance between states in criminal matters, execution of the judgments of foreign courts, taking over and transfer of criminal proceedings commenced, cooperation with the International Criminal Court and Eurojust and extradition to member states of the European Union.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 3Mutual Assistance in Criminal Matters

§ 460. Requirements for requests for assistance
(1) A request for assistance shall set out:
1) the name of the authority making the request;
2) the content of the request;
3) the name, address and, if possible, other contact details of the person with regard to whom the request is submitted;
4) the facts relating to and the legal assessment of the criminal offence concerning which the request is submitted.
(2) The following shall be appended to a request for assistance:
1) extracts from the relevant legal acts;
2) a translation of the request and the supporting materials into the language of the executing state.

§ 461. Prohibition on compliance with request for assistance
Compliance with a request for assistance is not permitted and shall be refused on the grounds provided for in § 436 of this Code.

§ 462. Processing of requests for assistance received from foreign states
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(1) The Ministry of Justice shall verify whether a request for assistance received from a foreign state meets the requirements. A request for assistance in compliance with the requirements shall be immediately communicated to the Office of the Prosecutor General.
(2) The Office of the Prosecutor General shall verify whether compliance with the request for assistance is admissible and possible and communicate the request for assistance to the competent judicial authority for execution.
(3) Requests for assistance received by investigative bodies shall be communicated to the Office of the Prosecutor General. In cases of urgency, a request for assistance submitted through the International Criminal Police Organisation (Interpol) or a notice in the Schengen Information System may be complied with before the request for assistance is received by the Ministry of Justice with the consent of the Office of the Prosecutor General.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 463. Compliance with requests for assistance received from foreign states
(1) Requests for assistance are complied with pursuant to this Code. At the request of a foreign state, a request may be complied with pursuant to procedural provisions different from the provisions of this Code unless this is contrary to the principles of Estonian law.
(1.1) If summoning of a person to court is required for compliance with a request for assistance, service of the summons shall be organised by the court.
[RT I 2008, 32, 198 - entry into force 15.07.2008]
(2) The materials received as a result of compliance with a request shall be communicated to the requesting state using the same channel which was used for sending the request, except in the case the requesting state requests the sending of the materials directly to the initiator of the request.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(21) If it becomes evident upon compliance with a request that is expedient to perform additional acts which were not requested, the requesting state shall be notified thereof.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(3) The materials received as a result of compliance with a request for assistance from a foreign state submitted through Eurojust shall be sent to the requesting state through Eurojust unless otherwise agreed with Eurojust.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 3Mutual Assistance in Criminal Matters

§ 466. Temporary surrender to foreign states of persons whose personal liberty is restricted
(1) If a person has been held in custody or imprisoned or his or her personal liberty has been restricted in any other lawful manner in Estonia, the person may, by a decision of the Minister responsible for the area on the basis of a request from a foreign state, be temporarily surrendered to such state for the purposes of hearing the person as a witness or performing any other procedural act with his or her participation.
(2) A person may be temporarily surrendered if the requesting state has assured that:
1) the person surrendered will not be prosecuted and his or her fundamental rights will not be restricted in connection with any criminal offence which was committed before his or her departure from the territory of the requesting state and was not expressly specified in the summons;
2) the person surrendered shall be sent back to Estonia immediately after the performance of the procedural acts.
(3) A person will not be temporarily surrendered to a foreign state if:
1) he or she does not consent to the surrender;
2) his or her presence is necessary at criminal proceedings being carried out in Estonia;
3) the surrender may prolong the lawful term for the restriction of his or her personal liberty;
4) there is another good reason to refuse to surrender the person.
(4) The conditions for arrest applicable in the requesting state apply to a person surrendered, and the period of his or her stay in the foreign state shall be included in the term of the punishment imposed on him or her in Estonia.

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 3Mutual Assistance in Criminal Matters

§ 470. Handing over of property to foreign states
(1) Handing over of property to a foreign state by Estonia on the bases provided for in § 469 of this Code shall be decided by an order made by a judge of the county court of the location of the property sitting alone.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
(2) An order shall set out:
1) the name and location of the property to be handed over, and, if possible, the name of the owner or possessor of the property;
[RT I 2008, 19, 132 - entry into force 23.05.2008]
2) the content of the request reviewed;
3) the content of and reasons for the order;
4) the basis under procedural law;
5) the determination of the court and the procedure for appeal.
(3) A court shall send a copy of an order which has entered into force to the Ministry of Justice who shall notify the requesting state of compliance with the request or refusal thereof.
(4) Handing of property over to the requesting foreign state shall be organised by the competent judicial authority.
(5) In cases of urgency, property may be seized or a search may be conducted at the request of a foreign state before receipt of the request to hand over property. The above-mentioned acts are recorded in the minutes pursuant to the procedure provided for in this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(6) on the basis of a request submitted through the International Criminal Police Organisation (Interpol) or a notice in the Schengen Information System, a wanted item may be detained and seized. A report shall be prepared on the detention of a wanted item upon detention of the item. The wanted item shall be seized for the term of two months in accordance with the rules provided in § 142 of this Code. If a foreign state does not submit a request to hand over property during that term, the item shall be released from seizure.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

Part 1 GENERAL PART
Chapter 7 OTHER SANCTIONS

§ 83.1. Confiscation of assets acquired through offence
(1) A court shall confiscate of the assets acquired through an offence object if these belong to the offender at the time of the making of the judgment or ruling.
(1.1) For the purposes of this section, assets acquired by an offence are the assets directly acquired by an offence and anything acquired for account of these assets.
(1.2) If any assets acquired by an offence are mixed with other assets, these assets are assets partially acquired by an offence. Assets partially acquired by an offence shall be deemed to be the assets acquired by an offence to the extent provided for in subsection (11 ) of this section and the confiscation thereof shall be replaced pursuant to the procedure provided for in § 84 of this Code.

(2) The court shall impose subsections (1)-(12 ) of this section to the assets which belong to a third person at the time of making the judgment, if:
1) these were acquired, in full or in the essential part, on account of the offender, as a present or in any other manner for a price which is considerably lower than the normal market price; or
2) the third person knew that the assets were transferred to the person in order to avoid confiscation.

(3) The court may decide not to confiscate, in part or in full, property acquired through offence if, taking account of the circumstances of the offence or the situation of the person, confiscation would be unreasonably burdensome or if the value of the assets is disproportionally small in comparison to the costs of storage, transfer or destruction of the property. The court shall decrease the amount of the property or assets to be confiscated by the amount of the object of a satisfied civil action or proof of claim in public law.

§ 83.2. Extended confiscation of assets acquired through criminal offence
(1) If a court convicts a person of a criminal offence, the court may, in the cases provided for in this Code, confiscate a part or all of the criminal offender's assets if these belong to the offender at the time of the making of the judgment, and if the nature of the criminal offence, the difference between the legal income and financial situation, expenses or the of living of the person or another fact gives reason to presume that the person has acquired the assets through commission of the criminal offence or for account of these assets (hereinafter assets acquired by criminal offence). Confiscation is not applied to assets with regard to which the person certifies that such assets were not acquired by a criminal offence.
(1.1) If any assets acquired by a criminal offence are mixed with other assets, these assets are assets partially acquired by a criminal offence. Assets partially acquired by a criminal offence shall be deemed to be the assets acquired by a criminal offence to the extent provided for in the first sentence of subsection (1) of this section and the confiscation thereof shall be replaced pursuant to the procedure provided for in § 84 of this Code.
(2) The court may impose subsections (1) and (11 ) of this section to the assets which belong to a third person at the time of making the judgment, if:
1) these were acquired, in full or in the essential part, on account of the offender, as a present or in any other manner for a price which is considerably lower than the normal market price; or
2) the third person knew that the assets were transferred to the person in order to avoid confiscation.

(3) Confiscation shall not be applied to Assets of a third party which have been acquired:
1) earlier than ten years as of the commission of a criminal offence in the first degree, or
2) earlier than five years as of the commission of a criminal offence in the second degree.

(4) Upon extended confiscation of assets acquired through criminal offence, the court shall take account of the provisions of subsection 831 (3) of this Code.