Chapter 3
PROOF
Division 6
Search and Investigative Experiment
§ 91. Search
(1) The objective of a search is to find an object to be confiscated or used as physical evidence, a document, thing or person necessary for the adjudication of a criminal matter, property to be seized for the purposes of compensation for damage caused by a criminal offence or of confiscation, or a body, or to apprehend a fugitive in a building, room, vehicle or enclosed area.
[RT I 2007, 2, 7 - entry into force 01.02.2007]
(2) A search shall be conducted at the request of a Prosecutor's Office on the basis of an order of a preliminary investigation judge or on the basis of a court ruling, taking into account the exceptions listed in subsections (21) and (3) of this section.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2 1) A search may be conducted on the basis of an order of a Prosecutor's Office, except for searches of a notary's office or advocate's law office or at the persons processing information for journalistic purposes, if there is reason to believe that :
1) the suspect used or uses the site or vehicle to be searched at the time of commission of a criminal act or during the pre-trial proceedings, or
2) a criminal offence was committed at the site or in the vehicle, or it was used in the preparation for or committing of a criminal offence.
[RT I, 14.03.2011, 3 - entry into force 01.09.2011]
(3) In cases of urgency, a search may be conducted on the basis of an order of an investigative body without the permission of a court, but in such case the Prosecutor's Office shall notify a preliminary investigation judge of the search or the Prosecutor's Office in the case specified in subsection (21) of this section within 24 hours, and the preliminary investigation judge or the Prosecutor's Office shall decide on the admissibility of the search.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(4) A search warrant shall set out :
1) the objective of the search ;
2) the reasons for the search.
(5) [Repealed - RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) If a search is conducted, the search warrant shall be presented for examination to the person whose premises are to be searched or to his or her adult family member or a representative of the legal person or the state or local government agency whose premises are to be searched and he or she shall sign the warrant to that effect. In the absence of the responsible person or representative, the representative of the local government shall be involved.
(7) A notary's office or an advocate's law office shall be searched in the presence of the notary or advocate. If the notary or advocate cannot be present during the search, the search shall be conducted in the presence of a person substituting for the notary or another advocate providing legal services through the same law office, or if this is impossible, another notary or advocate.
(8) If a search is conducted, the person shall be asked to hand over the object specified in the search warrant or to show where the body is hidden or the fugitive is hiding. If the proposal is not complied with or if there is reason to believe that the person complied with the proposal only partly, a search shall be conducted.
§ 92. Search report
(1) A search report shall set out :
1) a proposal to hand over the object to be found or to show where the body is hidden or the fugitive is hiding ;
2) the names of the objects which were handed over voluntarily ;
3) the conditions, course and results of the search ;
4) the names of the objects found and the characteristics of the objects which are relevant to the adjudication of the criminal matter ;
5) the personal data of the apprehended fugitive.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) If physical examination is performed in the course of a search, the data listed in subsection 88 (4) of this Code may be entered in the search report. In such case a report on physical examination need not be prepared.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Other forms of cooperation
Search and seizure - authority - ICC proceedings
Search and seizure - national procedures for ICC proceedings
Search and seizure - national proceedings
EDIT.