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]
EDIT.