Estonia

Code of Criminal Procedure

Chapter 3
PROOF

Division 2
Hearing of Witnesses

ยง 71. Refusal to give testimony for personal reasons

(1) The following persons have the right to refuse to give testimony as witnesses :

1) the descendants and ascendants of the suspect or accused ;
2) a sister, stepsister, brother or stepbrother of the suspect or accused, or a person who is or has been married to a sister, stepsister, brother or stepbrother of the suspect or accused ;
3) a step or foster parent or a step or foster child of the suspect or accused ;
4) an adoptive parent or an adopted child of the suspect or accused ;
5) the spouse of or a person permanently living together with the suspect or accused, and the parents of the spouse or person, even if the marriage or permanent cohabitation has ended.

(2) A witness may also refuse to give testimony if :

1) the testimony may lay blame on him or her or a person listed in subsection (1) of this section for the commission of a criminal offence or a misdemeanour.
2) he or she has been acquitted or convicted in the same criminal offence as a joint principal offender or an accomplice.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Keywords

Fair trial standards
Rights during investigation - self incrimination



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