Chapter 3
PROOF
Division 9
Document and Physical Evidence
§ 123. Document
(1) A document containing information concerning the facts relating to a subject of proof may be used for the purposes of proof.
(2) A document is physical evidence if the document has the characteristics specified in subsection 124 (1) of this Code.
§ 124. Physical evidence
(1) Physical evidence means a thing which is the object of a criminal offence, the object used for the commission of a criminal offence, a thing bearing the evidentiary traces of a criminal offence, the impression or print made of the evidentiary traces of a criminal offence, or any other essential object relating to a criminal act, which can be used in ascertaining the facts relating to a subject of proof.
(2) If an object used as physical evidence has not been described in the report on the investigative activities as exactly as necessary for the purposes of proof, inspection of the object shall be carried out in order to record the characteristics of the physical evidence.
(3) Physical evidence or confiscated objects are immediately returned to the owner or former lawful possessor thereof if this does not hinder the criminal procedure.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(4) If six months have elapsed from the confiscation of physical evidence but there is no one accused in the criminal matter, physical evidence is stored at the request of the owner or lawful holder thereof with the person filing the request pursuant to the conditions for storage of physical evidence, except in the cases specified in subsections (5) and (6) of this section.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(5) A prosecutor may extend the six-month term specified in subsection (4) of this section at the request of an investigative body for up to one year. The term is extended automatically if the request specified in subsection (4) is not submitted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) A preliminary investigation judge may extend the terms specified in subsections (4) and (5) of this section at the request of a Prosecutor's Office for a term longer than one year if the delay in bringing the charges arose due to the complexity or extent of a criminal matter or exceptional cases arising from international cooperation. The term is extended automatically if the request specified in subsection (4) is not submitted.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
§ 125. Storage of physical evidence
(1) Physical evidence shall be stored in a criminal file, physical evidence storage facility of a body conducting the proceedings or in another premises in the possession of or territory guarded by the body or in a forensic institution, or the measures prescribed in § 126 of this Code shall be applied with regard to the physical evidence if this does not damage the interests of the criminal proceedings.
(2) Physical evidence which cannot be stored pursuant to the procedure provided for in subsection (1) of this section and with regard to which the measures prescribed in § 126 of this Code cannot be applied in the interests of the criminal proceedings prior to the entry into force of a court judgment or termination of the criminal proceeding shall be deposited into storage with liability on the basis of a contract.
(3) A person with whom physical evidence is deposited shall ensure the inviolability and preservation of the evidence.
(4) A person with whom physical evidence is deposited but who is not the owner or legal possessor thereof has the right to receive compensation for the storage fee which shall be included in the procedure expenses. The storage costs shall be compensated for on the basis of a contract between the body conducting the proceedings and the depositary.
(5) If physical evidence is a document which is necessary for the owner in the future economic or professional activity thereof or for another good reason, the body conducting the proceedings shall make a copy of the document for the owner. The authenticity of the copy shall be certified by the signature of the person conducting the proceedings on the copy.
(6) Subsections (1)-(5) of this section are applied also with regard to confiscated objects which are not physical evidence.
[RT I 2004, 46, 329 - entry into force 01.07.2004]
§ 126. Measures applicable to physical evidence and confiscated property
(1) Highly perishable physical evidence which cannot be returned to its lawful possessor shall be granted to a state or local government health care of social welfare institution free of charge, transferred, or destroyed in the course of the criminal proceeding on the basis of an order or ruling of the body conducting the proceedings. The money received from the sale shall be transferred into public revenues.
(2) Property subject to confiscation which lawful possessor has not been ascertained may be confiscated in the course of the criminal proceeding at the request of a Prosecutor's Office and on the basis of a court ruling.
(2 1) The property seized in order to secure confiscation may be transferred with the consent of the owner of the property and at the request of the Prosecutor's Office on the basis of an order of a preliminary investigation judge. Property may be transferred without the consent of the owner if this is necessary for prevention of decrease in the value of the property. The amount received from transfer shall be seized.
[RT I 2007, 2, 7 - entry into force 01.02.2007]
(3) An order or ruling of a body conducting a proceeding or a court judgment shall prescribe the following measures applicable to physical evidence :
1) a thing bearing evidentiary traces of criminal offence, a document, or an impression or print made of evidentiary traces of a criminal offence may be stored together with the criminal matter, included in the criminal file or stored in the physical evidence storage facility or any other premises in the possession of the body conducting the proceeding or in a forensic institution ;
2) other physical evidence the ownership of which has not been contested shall be returned to the owner or lawful possessor thereof ;
3) physical evidence of commercial value the owner or lawful possessor of which has not been ascertained shall be transferred into state ownership ;
4) things of no value and pirated or counterfeit goods shall be destroyed or, in the cases provided by law, recycled ;
5) objects which were used for staging a criminal offence shall be returned to the owners or lawful possessors thereof ;
6) property which was obtained by the criminal offence and the return of which is not requested by the lawful possessor shall be transferred into state ownership or transferred in order to cover the costs of the civil action.
(4) If the ownership relations pertaining to physical evidence specified in clause (3) 2) of this section are not apparent, the measures applicable to the physical evidence in the pre-trial proceeding shall be decided by a ruling of the preliminary investigation judge at the request of the Prosecutor's Office.
(5) Subsections (1)-(3) of this section are also applied with regard to objects confiscated in a criminal proceeding which are not physical evidence.
(6) The procedure for the transfer and destruction of confiscated property and physical evidence transferred into state ownership and for the refund of the money received from the transfer to the lawful possessor of the property from the budget shall be established by the Government of the Republic.
(7) The procedure for registration, storage, transfer and destruction of physical evidence and seized property and for evaluation, transfer and destruction of highly perishable physical evidence and property seized in order to secure confiscation by the bodies conducting the proceedings shall be established by the Government of the Republic.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
Other forms of cooperation
Taking of evidence - authority - ICC proceedings
Taking of evidence - national procedures for ICC proceedings
Taking of evidence - national proceedings
EDIT.