Chapter 4
SECURING OF CRIMINAL PROCEEDINGS

Division 1
Preventive Measure

§ 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]

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 2
Extradition

Subdivision 2
Procedure for Extradition of Persons to Foreign States

§ 451 1. Contestation of ruling made in upon verification of legal admissibility of extradition

(1) An appeal may be filed against a ruling on declaring extradition legally admissible or inadmissible pursuant to the procedure provided for in § 386 of this Code within ten days as of after the receipt of the ruling.

(2) An appeal against a ruling shall be submitted to the Tallinn Circuit Court through the Harju County Court.

(3) An appeal against a ruling shall be heard in a written proceeding in a circuit court within ten days as of arrival of the matter to the circuit court.

(4) A ruling of the Supreme Court is final and not subject to appeal.
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]

Article 82
Appeal against other decisions
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a) A decision with respect to jurisdiction or admissibility;
(b) A decision granting or denying release of the person being investigated or prosecuted;
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the
proceedings.
2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.
4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.