Estonia

Code of Criminal Procedure

Chapter 3
PROOF

Division 2
Hearing of Witnesses

ยง 73. Refusal to give testimony concerning state secrets or classified information of foreign states
[RT I 2007, 16, 77 - entry into force 01.01.2008]

(1) A witness has the right to refuse to give testimony concerning circumstances to which the State Secrets and Classified Information of Foreign States Act applies.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

(2) If a witness refuses to give testimony in order to protect a state secret or classified information of a foreign state, the investigative body, Prosecutor's Office or court shall request the agency in possession of the state secret or classified information of a foreign state to confirm classification of the facts as state secret or classified information of a foreign state.
[RT I 2007, 16, 77 - entry into force 01.01.2008]

(3) If an agency in possession of a state secret or classified information of a foreign state does not confirm classification of facts as state secret or classified information of a foreign state or does not respond to a request specified in subsection (2) of this section within twenty days, the witness is required to give testimony.

Keywords

Protection of national security
Confidentiality re national security



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