Chapter 3
PROOF
Division 2
Hearing of Witnesses
§ 68. Hearing of witnesses
(1) The rights and obligations of witnesses and the right to write the testimony in hand-writing shall be explained to a witness.
(2) A witness of at least 14 years of age shall be warned against refusal to give testimony without a legal basis and giving knowingly false testimony, and the witness shall sign the minutes of the hearing to that effect. If necessary, it is explained to the witness that intentional silence on the facts known to him or her shall be considered refusal to give testimony.
(3) While giving testimony, a witness may use notes and other documents concerning numerical data, names and other information which is difficult to memorise.
(4) A witness may be heard only as regards the facts relating to a subject of proof. Leading questions may be posed only in the cases specified in clauses 2881 (2) 2)-5) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(5) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) Questions concerning the moral character and habits of a suspect, accused or victim may be posed to a witness only if the act which is the object of the criminal proceeding must be assessed in inseparable connection with his or her previous conduct.
[RT I 2004, 46, 329 - entry into force 01.07.2004]
§ 69. Telehearing
(1) A body conducting the proceedings may organise telehearing of a witness if the direct hearing of the witness is complicated or involves excessive costs or if it is necessary to protect the witness or the victim.
(2) For the purposes of this Code, telehearing means hearing :
1) by means of a technical solution as a result of which the participants in the proceeding immediately see and hear the witness giving testimony outside the investigative body, Prosecutor's Office or court directly and may hear the witness through the person conducting the proceedings ;
2) by telephone, as a result of which the participants in the proceeding immediately hear the witness giving testimony outside the investigative body or court and may question the witness through the person conducting the proceedings.
(3) Telehearing by telephone is permitted only with the consent of the person to be heard and the suspect or accused. The consent of the suspect or accused is unnecessary for the telehearing of anonymous witnesses by telephone.
(4) The minutes of a telehearing shall contain a notation that the witness has been warned against refusal to give testimony without a legal basis and giving knowingly false testimony.
(5) The provisions of § 468 apply to the hearing of witnesses staying in a foreign state.
(6) The Minister of Justice may establish more specific requirements for organising telehearing.
[RT I 2004, 46, 329 - entry into force 01.07.2004]
§ 691. Deposition of testimony
(1) A Prosecutor's Office, suspect or counsel may request hearing, before a preliminary investigation judge, of a person who is a witness in a criminal proceeding, if the object of the criminal proceeding is an intentional criminal offence for which at least up to three years' imprisonment is prescribed as punishment.
(2) A court shall satisfy the request if circumstances arise which enable to conclude that later hearing of a witness in the court hearing of a criminal matter may be impossible or the witness may be influenced to give false testimony. The court shall formalise the dismissal of the request by a reasoned ruling which can be contested by way of an appeal against the court ruling.
(3) The court shall adjudicate the request for deposition of testimony within five days as of the receipt thereof and if the request is satisfied shall determine, at the earliest opportunity, the time of hearing and notify the Prosecutor's Office and the counsel immediately thereof.
(4) The prosecutor, counsel, suspect and witness shall be summoned to the hearing before a preliminary investigation judge. A suspect shall not be summoned to hearing at the request of a witness or the prosecutor if the presence of the suspect at the hearing poses a threat to the safety of the witness. Summoning of persons to deposition of testimony shall be arranged by the participant in a proceeding who requests the hearing. A counsel may request the assistance of a preliminary investigation judge for summoning a person to the extent provided for in subsections 1631 (4) and (5) of this Code.
(5) Failure of a suspect who has received his or her summons to appear does not hinder the hearing. No hearing shall be conducted if a prosecutor or counsel who has received his or her summons does not appear for good reason and has given a prior notice thereof to the court. If the participant in the proceeding who requested the hearing fails to appear for hearing or the person whose hearing is requested by a judge is not taken to the judge, no hearing shall be conducted before the preliminary investigation judge.
(6) The provisions of §§ 155-158 and 287-291 shall apply to hearing and taking of minutes thereof.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Procedure for witness testimony - national proceedings
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