Chapter 4
SECURING OF CRIMINAL PROCEEDINGS
Division 1
Preventive Measure
§ 134. Refusal to take into custody and release of person held in custody
(1) A preliminary investigation judge or court shall set out the reasons for a refusal to take a person into custody in a ruling on the refusal of taking into custody.
(2) If the grounds for holding in custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor's Office shall release the person held in custody by an order.
[RT I 2004, 46, 329 - entry into force 01.07.2004]
§ 135. Bail
(1) At the request of a suspect or accused, a preliminary investigation judge or court may impose bail instead of taking into custody.
(2) Bail is a sum of money paid as a preventive measure by a suspect, accused or another person on behalf of him or her to the deposit account of the court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(3) A suspect or accused shall be released from custody after the bail has been received into the bank account of a court.
(4) A court shall determine the amount of bail on the basis of the degree of the potential punishment, the extent of the damage caused by the criminal offence, and the financial situation of the suspect or accused. The minimum amount of bail shall be five hundred days' wages.
(5) Bail is imposed by a court ruling. For the purposes of adjudication of an application for bail, the person held in custody shall be taken before a preliminary investigation judge; a prosecutor and, at the request of the person held in custody, his or her counsel shall be summoned to the judge and their opinions shall be heard.
(5 1) At the request of a Prosecutor's Office or on its own initiative, a court may, together with the imposition of bail, apply a prohibition on departure from residence with respect to a suspect or an accused pursuant to the procedure provided for in §§ 127 and 128 of this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(5 2) A preliminary investigation judge may organise the participation of the persons specified in subsection (5) of this section in the adjudication of an application for bail by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(6) If a suspect or accused absconds from criminal proceedings or intentionally commits another criminal offence or violates the prohibition on departure from his or her residence, the bail shall be transferred into public revenues on the basis of a court judgment or ruling on termination of the criminal proceeding after deduction of the amount necessary for reimbursement of the expenses relating to the criminal proceeding.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(6 1) If the grounds for taking into custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor's Office shall annul the bail by an order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(7) Bail shall be refunded if :
1) the suspect or accused does not violate the conditions for bail ;
2) the criminal proceeding is terminated ;
3) the accused is acquitted.
Provisional arrest - release - ICC proceedings
Provisional arrest - release - national proceedings
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