Spans in 'Estonia - Criminal Procedure Code' tagged with 'Rights during investigation

'Rights during investigation - self incrimination' in document 'Estonia - Criminal Procedure Code'

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More information about the keyword 'Rights during investigation - self incrimination'
More information about the document 'Estonia - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 :

2) know that his or her testimony may be used in order to bring charges against him or her ;

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.

RELEVANT ROME STATUTE PROVISIONS

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