'Rights during trial - disclosure of evidence to defence' in document 'Estonia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 ;

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]

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
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.