Chapter 4
SECURING OF CRIMINAL PROCEEDINGS

Division 1
Preventive Measure

§ 130. Grounds for taking into custody and holding in custody

(1) Taking into custody is a preventive measure which is applied with regard to a suspect, accused or convicted offender and which means deprivation of a person of his or her liberty on the basis of a court ruling.

(2) A suspect or accused may be taken into custody 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 if he or she is likely to abscond from the criminal proceeding or continue to commit criminal offences.

(3) In pre-trial procedure, a suspect or accused shall not be held in custody for more than six months. The term shall not include the time spent in provisional custody and in custody for surrender in a foreign country by a person whose extradition has been applied for by the Republic of Estonia or the time a person was held in custody in pre-trial procedure based on a decision of a competent authority of a foreign state prior to assumption of criminal proceedings by the Republic of Estonia.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(3 1) In the case of particular complexity or extent of a criminal matter or in exceptional cases arising from international cooperation in a criminal proceeding, a preliminary investigation judge may extend the term for holding in custody for more than six months at the request of the Chief Public Prosecutor.

(4) An accused who has been prosecuted and is at large may be taken into custody on the basis of a ruling of a city, county or circuit court if he or she has failed to appear when summoned by a court and may continue absconding from the court proceeding.

(4 1) An accused who is at large may be taken into custody by a court in order to ensure execution of imprisonment imposed by a judgment of conviction.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(5) A convicted offender who is at large may be taken into custody by a court pursuant to the procedure provided for in § 429 of this Code in order to secure execution of the court judgment.

(6) A member of the Defence Forces who is a suspect and does not stay in the territory of the Republic of Estonia may, at the request of a Prosecutor's Office, be taken into custody on the bases provided for in subsection (2) of this section in order to bring him or her to the Republic of Estonia on the basis of an order of a preliminary investigation judge.
[RT I 2004, 54, 387 - entry into force 01.07.2004]

§ 131. Procedure for taking into custody

(1) At the request of a suspect or accused, the Prosecutor's Office shall immediately notify his or her counsel of preparation of an application for an arrest warrant.

(2) On the order of a Prosecutor's Office, an investigative body shall convey a suspect or accused with regard to whom an application for an arrest warrant or an application for extension of the term for holding in custody has been prepared to a preliminary investigation judge for the hearing of the application.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(3) In order to issue an arrest warrant, a preliminary investigation judge shall examine the criminal file and interrogate the person to be taken into custody with a view to ascertaining whether the application for an arrest warrant is justified. The prosecutor and, at the request of the person to be taken into custody, his or her counsel shall be summoned before the preliminary investigation judge and their opinions shall be heard.

(3 1) A preliminary investigation judge may organise the participation of the persons specified in subsection (3) of this section in the hearing of the request for taking into custody by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(4) For the purposes of taking a person who has been declared a fugitive or a suspect and who stays outside the territory of the Republic of Estonia into custody, a preliminary investigation judge shall issue an arrest warrant without interrogating the person. Not later than on the second day following the date of apprehension of a fugitive or bringing a suspect into Estonia, the person held in custody shall be taken before a preliminary investigation judge for interrogation.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(5) If there are no grounds for holding in custody, the person shall be released immediately.

§ 132. Arrest warrant

(1) An arrest warrant shall set out :

1) the name and residence of the person to be taken into custody ;
2) the facts relating to the criminal offence of which the person is suspected or accused, and the legal assessment of the act ;
3) the grounds for taking into custody with a reference to §§ 130 or 429 of this Code ;
4) the reason for taking into custody.

(2) An arrest warrant shall be included in the criminal file and a copy of the warrant shall be sent to the person in custody.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 133. Notification of taking into custody

(1) A preliminary investigation judge or court shall immediately give notification of taking of a person into custody to a person close to the person in custody and his or her place of employment or study.

(2) Notification of taking into custody may be delayed in order to prevent a criminal offence or ascertain the truth in a criminal proceeding.

(3) If a foreign citizen is taken into custody, a copy of the arrest warrant or court judgment shall be sent to the Ministry of Foreign Affairs.

§ 134. Refusal to take into custody and release of person held in custody

(1) A preliminary investigation judge or court shall set out the reasons for a refusal to take a person into custody in a ruling on the refusal of taking into custody.

(2) If the grounds for holding in custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor's Office shall release the person held in custody by an order.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 135. Bail

(1) At the request of a suspect or accused, a preliminary investigation judge or court may impose bail instead of taking into custody.

(2) Bail is a sum of money paid as a preventive measure by a suspect, accused or another person on behalf of him or her to the deposit account of the court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(3) A suspect or accused shall be released from custody after the bail has been received into the bank account of a court.

(4) A court shall determine the amount of bail on the basis of the degree of the potential punishment, the extent of the damage caused by the criminal offence, and the financial situation of the suspect or accused. The minimum amount of bail shall be five hundred days' wages.

(5) Bail is imposed by a court ruling. For the purposes of adjudication of an application for bail, the person held in custody shall be taken before a preliminary investigation judge; a prosecutor and, at the request of the person held in custody, his or her counsel shall be summoned to the judge and their opinions shall be heard.

(5 1) At the request of a Prosecutor's Office or on its own initiative, a court may, together with the imposition of bail, apply a prohibition on departure from residence with respect to a suspect or an accused pursuant to the procedure provided for in §§ 127 and 128 of this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(5 2) A preliminary investigation judge may organise the participation of the persons specified in subsection (5) of this section in the adjudication of an application for bail by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(6) If a suspect or accused absconds from criminal proceedings or intentionally commits another criminal offence or violates the prohibition on departure from his or her residence, the bail shall be transferred into public revenues on the basis of a court judgment or ruling on termination of the criminal proceeding after deduction of the amount necessary for reimbursement of the expenses relating to the criminal proceeding.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(6 1) If the grounds for taking into custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor's Office shall annul the bail by an order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(7) Bail shall be refunded if :

1) the suspect or accused does not violate the conditions for bail ;
2) the criminal proceeding is terminated ;
3) the accused is acquitted.

§ 136. Contestation of taking into custody or refusal to take into custody and of extension of or refusal to extend term for holding in custody

A Prosecutor's Office, a person held in custody or his or her counsel may file an appeal pursuant to the procedure provided for in Chapter 15 of this Code against a court ruling by which holding in custody was imposed or refused, extension of the term for holding in custody or refusal to extend the term for holding in custody.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 137. Verification of reasons for holding in custody and bail
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(1) A suspect, accused or counsel may submit a request to a preliminary investigation judge or court to verify :

1) the reasons for holding in custody after two months have expired from the taking into custody ;
2) the reasons for bail after four months have expired from the imposition of bail.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2) A preliminary investigation judge shall hear a request within five days as of receipt of the request. A prosecutor, counsel and, if necessary, the person held in custody or the person on whom bail was imposed shall be summoned before the preliminary investigation judge. A new request may be submitted after expiry of the term provided for in subsection (1) of this section after the review of the previous request.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2 1) A preliminary investigation judge or court may organise the participation of the persons specified in subsection (2) of this section in the adjudication of a request by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(3) In order to adjudicate a request, a preliminary investigation judge shall examine the criminal file. The request shall be adjudicated by a court ruling which is not subject to appeal.

(3 1) If a preliminary investigation judge or court finds that further imposition of bail is not justified, the court ruling shall set out whether bail is to be returned or holding of the suspect or accused in custody is applied.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(4) If the term for holding a person in custody has been extended for more than six months pursuant to the procedure provided for in subsection 130 (31) of this Code, a preliminary investigation judge shall verify the reasons for holding in custody at least once a month by examining the criminal file regardless of whether verification of the reasons has been requested and shall appoint a counsel for the person held in custody if he or she does not have a counsel.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

Chapter 8
PRE-TRIAL PROCEDURE

Division 3
Detention of Suspect

§ 217. Detention of suspect

(1) Detention of a suspect is a procedural act whereby a person is deprived of liberty for up to 48 hours. A report shall be prepared on a detention.

(2) A person shall be detained as a suspect if :

1) he or she is apprehended in the act of committing a criminal offence or immediately thereafter ;
2) an eyewitness to a criminal offence or a victim indicates such person as the person who committed the criminal offence ;
3) the evidentiary traces of a criminal offence indicate that he or she is the person who committed the criminal offence.

(3) A suspect may be detained on the basis of other information referring to a criminal offence if :

1) he or she attempts to escape ;
2) he or she has not been identified ;
3) he or she may continue to commit criminal offences ;
4) he or she may abscond criminal proceedings or impede the criminal proceedings in any other manner.

(4) A person who is apprehended in the act of committing a criminal offence or immediately thereafter in an attempt to escape may be taken to the police by anyone for detention as a suspect.

(5) An advocate may be detained as a suspect under the circumstances relating to his or her professional activities only 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.

(6) Section 377 of this Code applies to the detention of the President of the Republic, a member of the Government of the Republic, a member of the Riigikogu, the Auditor General, the Chancellor of Justice, or the Chief Justice or a justice of the Supreme Court as a 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 .

(8) If a Prosecutor's Office is convinced of the need to take a person into custody, the Prosecutor's Office shall prepare an application for an arrest warrant and, within forty-eight hours as of the detention of the person as a suspect, organise the transport of the detained person before a preliminary investigation judge for the adjudication of the application.

(9) If the basis for the detention of a suspect ceases to exist in pre-trial proceedings, the suspect shall be released immediately.

(10) A person detained as a suspect is given an opportunity to notify at least one person close to him or her at his or her choice of his or her detention through a body conducting proceedings. If the notification prejudices a criminal proceeding, the opportunity to notify may be refused with the permission of a Prosecutor's Office.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 218. Report on detention of suspect

(1) A report on the detention of a suspect shall set out :

1) the basis for the detention and a reference to subsection 217 (2) or (3) of this Code ;
2) the date and time of the detention ;
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 ;
[RT I 2006, 15, 118 - entry into force 14.04.2006]
4) explanation of the rights and obligations provided for in § 34 of this Code to the suspect ;
5) the names and characteristics of the objects confiscated from the suspect upon detention ;
6) a description of the clothing and bodily injuries of the detained person ;
7) the petitions and requests of the detained person ;
8) in the case the detained person is released, the grounds, date and time of release.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2) A Prosecutor's Office is immediately informed of the detention of a suspect.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 219. Substitution of detention of suspect

(1) If a person has committed a criminal offence in the second degree for which a pecuniary punishment may be imposed and the person does not have a permanent or temporary place of residence in Estonia, an investigative body may, with the consent of the person, substitute the detention of the person as a suspect by a payment covering the procedure expenses, the potential pecuniary punishment and the damage caused by the criminal offence into the public revenues.

(2) A statement, a copy of which is sent to the Prosecutor's Office, shall be prepared on the substitution of the detention of a suspect and on the receipt of a payment into the public revenues.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 7
International Criminal Court

§ 489. Co-operation with International Criminal Court

(2) If the Public Prosecutor's Office receives an application for arrest from the International Criminal Court, the Public Prosecutor's Office shall arrange the detention of the person pursuant to the procedure provided for in § 217 of this Code and the arrest of the person pursuant to the procedure provided for in § 131 of this Code.

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.