Chapter 1
GENERAL PROVISIONS

§ 7. Presumption of innocence

(2) No one is required to prove his or her innocence in a criminal proceeding.

Chapter 1
GENERAL PROVISIONS

§ 7. Presumption of innocence

(1) No one shall be presumed guilty of a criminal offence before a judgment of conviction has entered into force with regard to him or her.

(2) No one is required to prove his or her innocence in a criminal proceeding.

(3) A suspicion of guilt regarding a suspect or accused which has not been eliminated in a criminal proceeding shall be interpreted to the benefit of the suspect or accused.

Chapter 1
GENERAL PROVISIONS

§ 8. Safeguarding of rights of participants in proceedings

Investigative bodies, Prosecutors' Offices and courts shall :

2) provide the suspect and the accused with a real opportunity to defend themselves ;
3) ensure the assistance of a counsel to the suspect and the accused in the cases provided for in subsection 45 (2) of this Code or if such assistance is requested by the suspect or the accused ;
4) in the cases of urgency, provide a suspect or accused held in custody with other legal assistance at his or her request ;

Chapter 1
GENERAL PROVISIONS

§ 9. Safeguarding of personal liberty and respect for human dignity

(1) A suspect may be detained for up to forty-eight hours without an arrest warrant issued by a court.

(2) A person taken into custody shall be immediately notified of the court's decision on taking into custody in a language and manner which he or she understands.

(3) Investigative bodies, Prosecutors' Offices and courts shall treat the participants in a proceeding without defamation or degradation of their dignity. No one shall be subjected to torture or other cruel or inhuman treatment.

(4) In a criminal proceeding, it is permitted to interfere with the private and family life of a person only in the cases and pursuant to the procedure provided for in this Code in order to prevent a criminal offence, apprehend a criminal offender, ascertain the truth in a criminal matter or secure the execution of a court judgment.

Chapter 1
GENERAL PROVISIONS

§ 10. Language of criminal proceedings

(1) The language of criminal proceedings is Estonian. With the consent of the body conducting criminal proceedings, participants in the proceeding and parties to the court proceeding, the criminal proceedings may be conducted in another language if the body, participants and parties are proficient in such language.

(2) The assistance of an interpreter or translator shall be ensured for the participants in a proceeding and the parties to a court proceeding who are not proficient in Estonian.

(3) All documents which are requested to be included in a criminal and court file shall be in Estonian or translated into Estonian. Documents in other languages prepared by investigative bodies and Prosecutors' Offices in terminated criminal proceedings shall be translated into Estonian by the order of the Prosecutor's Office or at the request of a participant in the proceeding.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(4) A text in a language other than Estonian may be entered in the minutes of a court session at the request of a party to a court proceeding. In such case, a translation of the text into Estonian shall be appended to the minutes.

(5) If the accused is not proficient in Estonian, the text of the statement of charges translated into his or her native language or a language in which he or she is proficient shall be communicated to him or her.

Chapter 1
GENERAL PROVISIONS

§ 14. Adversarial court procedure

(1) In a court proceeding, the functions of accusation, defence and adjudication of the criminal matter shall be performed by different persons subject to the proceeding.

(2) Withdrawal of the charges pursuant to the procedure provided for in § 301 of this Code releases the court from the obligation to continue the proceedings. If charges are withdrawn for the reason that the act of the accused comprises the necessary elements of a misdemeanour, withdrawal of the charges is the basis for termination of the criminal proceedings. Withdrawal of the charges in other cases is the basis for a judgment of acquittal.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 1
GENERAL PROVISIONS

§ 15 1. Uninterrupted and immediate court hearing

A court shall hear a matter as an integral whole and shall ensure that a decision is made as quickly as possible.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 4
Suspect and Accused

§ 34. Rights and obligations of suspects

(1) A suspect has the right to :

1) know the content of the suspicion and give or refuse to give testimony with regard to the content of the suspicion ;
2) know that his or her testimony may be used in order to bring charges against him or her ;
3) the assistance of a counsel ;
4) confer with the counsel without the presence of other persons ;
5) be interrogated and participate in confrontation, comparison of testimony to circumstances and presentation for identification in the presence of a counsel ;
6) participate in the hearing of an application for an arrest warrant in court ;
7) submit evidence ;
8) submit requests and complaints ;
9) examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of the procedural acts, whereas such statements are recorded in the minutes ;
10) give consent to the application of settlement proceedings, participate in the negotiations for settlement proceedings, make proposals concerning the type and term of punishment and enter or decline to enter into an agreement concerning settlement proceedings.

(2) A conference specified in clause (1) 4) of this section may be interrupted for the performance of a procedural act if the conference has lasted for more than one hour.

(3) A suspect is required to :

1) appear when summoned by an investigative body, Prosecutor's Office or court;
2) participate in procedural acts and obey the orders of investigative bodies, Prosecutors' Offices and courts.

§ 35. Accused

(1) The accused is a person with regard to whom a Prosecutor's Office has prepared a statement of charges in accordance with § 226 of this Code or a person against whom a statement of charges has been brought pursuant to expedited procedure or a person with whom an agreement has been entered into in settlement proceedings.

(2) The accused has the rights and obligations of a suspect. The accused has the right to examine the criminal file through his or her counsel and participate in the court hearing.

(3) The accused with regard to whom a judgment of conviction has entered into force is a convicted offender.

(4) The accused with regard to whom a judgment of acquittal has entered into force is an acquitted person.
[RT I 2006, 15, 118 - entry into force 14.04.2006]

§ 36. Participation of suspect or accused who is legal person in criminal proceedings

A suspect or accused who is a legal person shall participate in the criminal proceeding through a member of the management board or the body substituting for the management board of the legal person and such member has all the rights and obligations of a suspect or accused, including the right to give testimony in the name of the legal person.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 6
Counsel

§ 43. Choice and appointment of counsel

(1) In a criminal proceeding, a suspect, accused and convicted offender may choose a counsel personally or through another person.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 6
Counsel

§ 43. Choice and appointment of counsel

(2) A counsel shall be appointed by the Estonian Bar Association at the request of an investigative body, Prosecutor's Office or court if :

3) a counsel chosen by a person cannot assume the duties of defence within 12 hours as of the detention of the person as a suspect or, in other cases, within 24 four hours as of entry into an agreement to defend the suspect or accused or summoning to the body conducting the proceedings and the counsel has not appointed a substitute counsel for himself or herself ;

Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 6
Counsel

§ 45. Participation of counsel in criminal proceedings

(4) The participation of a counsel in a pre-trial proceeding is mandatory, except in the case an accused does not request a counsel, in the opinion of the court he or she is able to represent his or her own interests and wishes to waive the participation of a counsel :

1) in a court hearing of criminal offence in the second degree in settlement proceedings ;
2) upon pronouncement of a court judgment in simplified proceedings ;
3) in proceedings in criminal matters sent to court in alternative procedure, if the accused complies with the requirements established by this Act to contractual counsel and submits a reasoned written application to the court for a permission to defend himself or herself.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 2
PERSONS SUBJECT TO CRIMINAL PROCEEDING

Division 6
Counsel

§ 47. Rights and obligations of counsel

(1) A counsel has the right to :

8) confer with the person being defended without the presence of other persons for an unlimited number of times with unlimited duration unless a different duration of the conference is provided for in this Code.

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.

Chapter 3
PROOF

Division 2
Hearing of Witnesses

§ 71. Refusal to give testimony for personal reasons

(1) The following persons have the right to refuse to give testimony as witnesses :

1) the descendants and ascendants of the suspect or accused ;
2) a sister, stepsister, brother or stepbrother of the suspect or accused, or a person who is or has been married to a sister, stepsister, brother or stepbrother of the suspect or accused ;
3) a step or foster parent or a step or foster child of the suspect or accused ;
4) an adoptive parent or an adopted child of the suspect or accused ;
5) the spouse of or a person permanently living together with the suspect or accused, and the parents of the spouse or person, even if the marriage or permanent cohabitation has ended.

(2) A witness may also refuse to give testimony if :

1) the testimony may lay blame on him or her or a person listed in subsection (1) of this section for the commission of a criminal offence or a misdemeanour.
2) he or she has been acquitted or convicted in the same criminal offence as a joint principal offender or an accomplice.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 3
PROOF

Division 3
Interrogation of Suspect

§ 75. Interrogation of Suspect

(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]

Chapter 5
PROCEDURAL DOCUMENTS, TRANSLATION, INTERPRETATION AND SUMMONING

Division 2
Translation and Interpretation

§ 161. Translators and interpreters

(1) If a text in a foreign language needs to be interpreted or translated or if a participant in a criminal proceeding is not proficient in Estonian, an interpreter or translator shall be involved in the proceeding.

(2) An interpreter or translator is a person proficient in language for specific purposes or a person interpreting for a deaf or dumb person. Other subjects to a criminal proceeding shall not perform the duties of an interpreter or translator.

(3) An interpreter or translator to whom the oath of interpreters and translators has not been administered shall be warned that he or she may be punished pursuant to criminal procedure for a knowingly false interpretation or translation.

(4) If an interpreter or translator does not participate in a procedural act where the participation of an interpreter or translator is mandatory, the act is null and void.

(5) In order to ensure the correctness of interpretation or translation, an interpreter or translator has the right to pose questions to participants in the proceedings, examine the minutes of procedural acts and make statements concerning the report, and such statements shall be recorded in the minutes.

(6) An interpretation or translation of any aspect of a procedural act rendered by an interpreter or translator shall be precise and complete. If a non-staff interpreter or translator is not sufficiently proficient in language for specific purposes or in the form of expression of a deaf or mute person, he or she is required to refuse to participate in the criminal proceedings.

Chapter 8
PRE-TRIAL PROCEDURE

Division 3
Detention of Suspect

§ 217. Detention of suspect

(7) An official of an investigative body shall explain the rights and obligations of a person detained as a suspect to the person and shall interrogate the suspect immediately pursuant to the procedure provided for in § 75 of this Code .

Chapter 8
PRE-TRIAL PROCEDURE

Division 4
Completion of Pre-trial Proceedings

§ 224. Submission of criminal file to criminal defence counsel, victim and civil defendant for examination
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(1) A Prosecutor's Office shall submit a copy of a criminal file to a criminal defence counsel on electronic data media or, based on a reasoned written request of the counsel, on paper. The counsel may waive the copy of the file. The counsel shall sign to confirm receipt of the copy or waiver thereof.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 8
PRE-TRIAL PROCEDURE

Division 4
Completion of Pre-trial Proceedings

§ 224 1. Submission of file to suspect or accused

(1) A counsel shall submit the materials specified in § 224 of this Code to a suspect or accused at the request of thereof. Materials in the case of which a Prosecutor's Office has prohibited the making of copies shall be presented by the counsel only in his or her office premises.

(2) A counsel is prohibited to hand the copies of the materials specified in § 224 of this Code to other persons, with the exception of a suspect or accused in the case and to the extent permitted in subsection 224 (10) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 2
General Conditions for Court Hearing

§ 267. Measures applicable to persons who violate order in court session

(1) If an accused violates order in a court session and fails to comply with the orders of a judge, the following measures may be applied on the basis of a court ruling :

1) removal of the accused from the courtroom temporarily or for the duration of the whole session ;
2) imposition of detention for up to ten days or a fine on the accused.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2) When an accused is asked to return to the courtroom, he or she shall be notified of the court activities performed in his or her absence.

(3) If an accused is removed from the courtroom for the duration of a whole session due to violation of order, a copy of the court judgment or, in the case provided for in subsection 315 (4) of this Code, of the conclusion of the court judgment shall be served on the accused immediately after pronouncement of the court judgment.

Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 2
General Conditions for Court Hearing

§ 268. Limits of court hearing

(1) A court shall hear a criminal matter with regard to the accused only pursuant to the statement of charges, unless otherwise provided for in this section.

Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 2
General Conditions for Court Hearing

§ 268. Limits of court hearing

(4) In the case of amendment or supplementation of the charges, the court shall call a recess or adjourn the court hearing at the request of the accused or the counsel in order to ensure the right of defence. If this is necessary for ensuring the right of defence, the court may, at the request of the accused or the counsel, call a recess or adjourn the court hearing even in the case of making the supplements and corrections specified in subsection (3) of this section.

Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 2
General Conditions for Court Hearing

§ 269. Participation of accused in court hearing

(1) A criminal matter shall be heard in the presence of the accused, taking into account the exceptions specified in this section and § 2761 of this Code. If the accused fails to appear, the court hearing shall be adjourned. Participation of the accused in the pronouncement of the court judgment is not mandatory.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 2
General Conditions for Court Hearing

§ 269. Participation of accused in court hearing

(2) As an exception, a criminal matter may be heard in the absence of the accused if :

1) he or she has been removed from the courtroom on the basis and pursuant to the procedure provided for in subsection 267 (1) of this Code ;
2) his or her whereabouts in the Republic of Estonia cannot be established, there is sufficient reason to believe that he or she is outside the territory of the Republic of Estonia and absconds court proceedings, reasonable efforts have been made for finding him or her and court hearing is possible without the him or her ;
3) after his or her interrogation at a court session, the accused has caused himself or herself to be in a state which precludes his or her participation in the court hearing, and court hearing is possible without him or her ;
4) it is complicated to take him or her to the court, and he or she has consented to participation in the court hearing in audio-visual form pursuant to clause 69 (2) 1) of this Code.
5) he or she has submitted a reasoned request to the court to hear the matter without his or her participation and the court is convinced that it is possible to defend the rights of the accused without his or her participation in the court hearing and the absence of the accused from a court session is not contrary to the public interests.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 4
Examination by Court

§ 288. Cross-examination

(1) In a cross-examination, the party to the court proceeding at whose request the witness has been summoned to the court is the first to examine the witness. If several participants in the proceeding have requested a witness to be summoned and they fail to reach an agreement concerning the right of first examination, the court shall determine who is the first to examine the witness.

(2) It is prohibited to pose leading questions during a first examination without the permission of the court. A first examination is followed by the second examination by the counter-party.

(3) Leading questions may be posed in the second examination in order to verify the testimony given in the first examination. In the second examination, leading questions shall not be posed concerning new facts without the permission of the court.

(4) The person who was the first to examine a witness may examine the witness again in order to clarify the answers given in the second examination. Leading questions may be posed without the permission of the court only concerning the new facts treated in the second examination.

(5) A court may, at the request of a party to the court proceeding, overrule prohibited or irrelevant questions posed to a witness during cross-examination. The court may, on its own initiative, overrule questions which harm the witness' dignity.

(6) The court has the right to pose questions to a witness who has been cross-examined.

(7) Taking into consideration the mental or physical condition of a witness, the court may prohibit cross-examination and examine the witness on its own initiative or on the basis of the written questions prepared by the parties to the court proceeding.

(8) § 66 and subsections (3) and (6) of this Code apply to cross-examination.

(9) During cross-examination, a party to the court proceeding may :

1) use visual aids which are not evidence but help to present the testimony of the witness without being misleading ;
2) submit evidence and documents to the court and question the witness about their authenticity, origin and interconnection thereof ;
3) allow the witness who does not remember the facts relating to a subject of proof to examine a document or another object which may help the witness to recall the facts regardless of the admissibility of such documents or objects as evidence.

(10) If a witness refuses during cross-examination to answer the question of a party to the court proceeding, with the exception of the case prescribed in subsection (5) of this section, the court interrupts the cross-examination and decides on the use of the earlier testimony given by the witness as evidence at the request of the party on the basis of clause 291 (1) 2) of this Code regardless of the content of the testimony hitherto given in the cross-examination. In the case specified in this subsection, testimonies obtained in interrupted cross-examinations are evidence only with the consent of the parties.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 6
Making of Court Judgment

§ 315. Pronouncement of court judgment and explanation of right of appeal

(2) If the accused is not proficient in the language of the criminal proceeding, the court judgment shall be interpreted or translated for him or her after the pronouncement of the judgment.

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 5
Recognition and Execution of Judgments of Foreign Courts and Decisions of Other Authorities

§ 477. Scope of assistance
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(1) In addition to the conditions provided for in § 436 of this Code, assistance shall not be provided to a requesting state in the execution of a punishment or any other sanction imposed in the requesting state if :

4) the right of defence was not ensured to the accused or the criminal proceedings were not conducted in a language understandable to him or her ;

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.