Chapter 3
PROOF

Division 1
General 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(4) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]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-trial 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 from ships during voyages and from foreign states

(1) Evidence taken in a foreign state pursuant to the legislation of such state may be used in a criminal proceeding 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 the criminal proceeding is an act of a person serving in the Defence Force committed outside the Republic of Estonia, evidence taken in a foreign state may be used in a criminal proceeding 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 Estonian Penal Code applies is committed on board of 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 3
PROOF

Division 2
Hearing 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 been conducting proceedings in the criminal matter may be a witness in the court proceeding in the case specified in subsection 289 (4) of this Code for verifying the reliability of evidence.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(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 3
PROOF

Division 2
Hearing of Witnesses

§ 67. Ensuring safety of witnesses

(1) Taking into account the gravity of a criminal offence or the exceptional circumstances relating thereto, a preliminary investigation judge may, at the request of a Prosecutor's Office, declare a witness anonymous by a ruling in order to ensure the safety of the witness.

(2) In order to make a ruling on anonymity, a preliminary investigation judge shall question the witness in order to ascertain his or her reliability and the need to ensure his or her safety, and shall hear the opinion of the prosecutor. If necessary, the preliminary investigation judge shall examine the criminal file.

(3) A fictitious name shall be assigned to an anonymous witness on the basis of the ruling on anonymity and the name shall be used in procedural acts in accordance with subsection 146 (8) of this Code.

(4) Information concerning the name, personal identification code or, in the absence thereof, date of birth, citizenship, education, residence and place of employment or the educational institution of a witness declared anonymous shall be enclosed in an envelope bearing the number of the criminal matter and the signature of the person conducting the proceedings. The envelope shall be sealed and kept separately from the criminal file. The information contained in the envelope shall be examined only by the person conducting the proceedings who shall seal and sign the envelope again after examining the information.

(5) In a court proceeding, a witness bearing a fictitious name shall be heard by telephone pursuant to the procedure provided for in clause 69 (2) 2) of this Code using voice distortion equipment, if necessary. Questions may be also submitted to the witness in writing.

(6) Regardless of whether or not a witness has been declared anonymous, the provisions of the Witness Protection Act may be applied to the witness in order to ensure his or her safety.
[RT I 2005, 39, 307 - entry into force 21.07.2005]

Chapter 3
PROOF

Division 3
Interrogation 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) Subsections 66 (21) and 68 (3)-(6) of this Code apply to interrogation of suspects.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 76. Record of interrogation of suspect

(1) The following shall be entered in the record of interrogation of a suspect :

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 3
PROOF

Division 4
Confrontation, 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 a pre-trial proceeding 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 a proceeding 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 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

§ 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 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 3
PROOF

Division 9
Document 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 the owner or former lawful possessor thereof if this does not hinder the criminal procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(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 a 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 a body conducting the proceedings or in another premises in the possession of or territory guarded by the body or in a forensic institution, or the measures prescribed in § 126 of this Code shall be applied with regard to the physical evidence if this does not damage the interests of the criminal proceedings.

(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 the criminal proceeding 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 the criminal proceeding on the basis of an order or ruling of the body conducting the proceedings. The money received from the sale shall be transferred into public revenues.

(2) Property subject to confiscation which lawful possessor has not been ascertained may be confiscated in the course of the criminal proceeding at the request of a Prosecutor's Office and on the basis of a court ruling.

(2 1) The property seized in order to secure confiscation may be transferred with the consent of the owner of the property and at the request of the Prosecutor's Office on the basis of an order of a preliminary investigation judge. Property may be transferred without the consent of the owner if this is necessary for prevention of decrease in the value of the property. The amount received from transfer shall be seized.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

(3) An order or ruling of a body conducting a proceeding 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 the proceeding 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.

(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 the pre-trial proceeding shall be decided by a ruling 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 a criminal proceeding which are not physical evidence.

(6) The procedure for the transfer and destruction of confiscated property and physical evidence transferred into state ownership and for the refund of the money received from the transfer to the lawful possessor of the property from the budget shall be established by the Government of the Republic.

(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 1
SURVEILLANCE ACTIVITIES

§ 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 damage the interests of the criminal proceedings.

(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 1262 (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 co-operation.

(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 parties to the proceeding 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 having conducted the surveillance activities shall send 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 (hereinaftersurveillance 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 a ruling 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 a criminal proceeding 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, 101-104, 106, 107, 110-114, 116, 118, 120, 122, 133-137, 1381 and 141-146, subsections 151 (2) and (4), § 157, subsection 161 (2), §§ 163, 164, 172-179, 183-185, 187-190, 199 and 200, subsection 201 (2), subsections 202 (2) and (3), §§ 204, 206-214, 2161-217, 2172, 222, 224, 227, 231-238, subsections 240 (2) and (3), §§ 241, 243, 244 and 246, subsections 248 (2) and (3), §§ 250 and 251, subsections 252 (2) and (3), §§ 255 and 256, subsections 259 (2) and (3), §§ 263, 291, 2911, 293 and 294, subsections 295 (2) and (3), subsections 296 (2) and (3), §§ 297-299, §§ 3001, 3002, 302-304, 310-313, 315-3161, subsection 321 (2), subsection 325 (2), §§ 326-328, 331, 3313, 333-334, 335, 336, 347, subsections 356 (1) and (3), subsections 357 (1) and (3), subsections 361 (1) and (3), subsections 364 (2) and (3), §§ 374-3762, 384, 3891-394, 398, 3981, § 400, §§ 403-407, 414-416, 418, 4181, 434, 435, 437-439, subsection 440 (3) and §§ 446 and 449 of the Penal Code.

(3) On the basis of this Act, 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 a criminal proceeding 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 conduced 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 data 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 1262 (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 1262 (1) 1) of this Code upon collection of information concerning the preparation of a criminal offence specified in §§ 244, 246, 248, 255 and 256 of the Penal Code and on the basis specified in clauses 3) and 4) :

1) to covertly examine a postal item ;
2) to covertly examine 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 1262 (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 1262 (1) 1) and 4) of this Code :

1) to covertly examine a postal item ;
2) to covertly examine 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 Act, 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 a Prosecutor's Office or a preliminary investigation judge. The preliminary investigation judge shall decide the grant of permission by a ruling on the basis of a reasoned application of the Prosecutor's Office. The preliminary investigation judge shall immediately review a reasoned request submitted by a Prosecutor's Office and grant or refuse to grant permission for the conduct of the surveillance activities by a ruling.

(2) In cases of urgency, surveillance activities requiring the permission of a 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.

(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.

(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.

(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, a Prosecutor's Office shall apply for a separate permission of a preliminary investigation judge for such purpose.

(6) The duration of surveillance activities conduced with respect to a specific person on the basis provided for in clauses 1262 (1) 1), 3) and 4) of this Code in one criminal matter shall not exceed one year. In the case of particular complexity or extent of a criminal matter, the Chief Public Prosecutor may grant permission or apply for a permission to a court for conduct of surveillance activities for a term of more than one year.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126 5. Covert surveillance, covert collection of comparative samples and conduct of initial examinations, covert examination and replacement of things

(1) A 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 a 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-taping 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 1261 (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) Police agent for the purposes of this Act is a person who collects evidence in a criminal proceeding by using a false identity.

(2) A 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 a 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 a Prosecutor's Office which is the basis for surveillance activities ;
5) the date of submission of an application of a 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 objectives of surveillance activities or to adjudicate a 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 data collected by surveillance activities, data recordings made in the course of surveillance activities, data obtained in the manner specified in subsection 1261 (8) of this Code and the 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 of Internal Affairs.
[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 the adjudication of 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 12611(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 punishment register or the expiry of the limitation period of the criminal offence.

(3) The data obtained by surveillance activities may be used in other surveillance activities, other criminal proceedings, security checks, 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 data obtained 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 damage the criminal proceedings ;
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 co-operation.

(3) With the permission of a 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 a the criminal matter upon completion of pre-trial proceedings but not later than one year after the expiry of the term of the permission for surveillance activities.

(4) If the basis for non-notification of surveillance activities have not ceased to exist upon expiry of one year as of the expiry of the term of the permission for surveillance activities, a 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 a ruling for non-notification of the person or refuses to grant such permission. Upon non-notification of a person, the ruling 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, a 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 a ruling 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 § 12613 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 a 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 co-operation 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 co-operation to maintain the confidentiality of co-operation ;
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 of Internal Affairs.
[RT I, 29.06.2012, 2 - entry into force 01.01.2013]

§ 126 15. Supervision over surveillance activities

(1) a 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 ruling 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 of the register shall be approved by the Government of the Republic.

(3) The chief processor of the information system is the Ministry of Justice. The authorised processor of the information system is the Centre of Registers and Information Systems.

(4) The Minister of Justice may organise the activities of the information system by a regulation.
[RT I, 29.06.2012, 2 - entry into force 01.01.2015]

Chapter 4
SECURING OF CRIMINAL PROCEEDINGS

Division 2
Other 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 or ruling 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 or ruling 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 proceeding, residence and place of employment or name of the educational institution.

(2 1) If necessary, a body conducting proceedings shall set out in an order or ruling 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) A ruling on declaring a person a fugitive shall be sent for execution to a surveillance agency which conducts or conducted the proceedings in the criminal matter which is the basis for the search. If the proceedings in the criminal matter were conducted by an investigative body which is not a surveillance agency, the ruling on declaring a person a fugitive shall be sent for execution to the Police and Border Guard Board.
[RT I, 29.06.2012, 2 - entry into force 09.07.2012]

(3 1) 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 enforced imprisonment shall be sent to a surveillance agency together with the ruling on 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 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.

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 3
Mutual 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 requested 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. Proceedings conducted by Ministry of Justice and Public Prosecutor's Office concerning requests for assistance received from foreign states

(1) The Ministry of Justice shall verify whether a request for assistance received from a foreign state meets the requirements. A request in compliance with the requirements shall be immediately sent to the Public Prosecutor's Office.

(2) The Public Prosecutor's Office shall verify whether compliance with the request is admissible and possible and forward the request to the competent judicial authority for execution.

(2 1) In cases of urgency, a request submitted through the International Criminal Police Organisation (Interpol) or a notice in the Schengen Information System may complied with the consent of the Public Prosecutor's Office before the request for assistance is received by the Ministry of Justice.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(3) The Ministry of Justice shall forward a request for the service of a summons to the court of first instance of the residence or seat of the person for execution.

(4) If a request for assistance is submitted through Eurojust, Eurojust's National Member for Estonia shall verify whether the request for assistance meets the requirements and whether compliance with the request for assistance is admissible and possible and forward the request to the Estonian competent judicial authority for execution.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

§ 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 sent to the Ministry of Justice through the Public Prosecutor's Office and the Ministry of Justice shall forward the materials to the requesting state.

(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 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 3
Mutual Assistance in Criminal Matters

§ 466. Temporary transfer to foreign states of persons whose personal liberty has been 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 of Justice on the basis of a request from a foreign state, be temporarily transferred 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 transferred if the requesting state has assured that :

1) the person transferred 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 transferred shall be sent back to Estonia immediately after the performance of the procedural acts.

(3) A person will not be temporarily transferred to a foreign state if :

1) he or she does not consent to the transfer ;
2) his or her presence is necessary at criminal proceedings being carried out in Estonia ;
3) the transfer may prolong the lawful term for the restriction of his or her personal liberty ;
4) there is another good reason to refuse to transfer the person.

(4) The conditions for arrest applicable in the requesting state apply to a person transferred, 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 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 3
Mutual 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 a ruling 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) A ruling 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 ruling ;
4) the basis under procedural law ;
5) the decision of the court and the procedure for appeal.

(3) A court shall send a copy of a ruling 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) Upon detaining a wanted vehicle on the basis of a request submitted through the International Criminal Police Organisation (Interpol) or a notice in the Schengen Information System, a report on detaining the vehicle shall be prepared. A vehicle shall be seized on the basis of subsection 142 (9) for two months. If a foreign state does not submit a request to hand over property during the term specified, the vehicle shall be released from seizure.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

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:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
7. (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
8. (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.
9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b) (i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for
assistance under this paragraph from a State which is not a Party to this Statute.

Article 96
Contents of request for other forms of assistance under article 93
1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
(b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;
(c) A concise statement of the essential facts underlying the request;
(d) The reasons for and details of any procedure or requirement to be followed;
(e) Such information as may be required under the law of the requested State in order to execute the request; and
(f) Any other information relevant in order for the assistance sought to be provided.
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.