Chapter 10
COURT PROCEDURE IN COUNTY COURTS
Division 2
General Conditions for Court Hearing
ยง 269. Participation of accused in court hearing
(2) As an exception, a criminal matter may be heard in the absence of the accused if :
1) he or she has been removed from the courtroom on the basis and pursuant to the procedure provided for in subsection 267 (1) of this Code ;
2) his or her whereabouts in the Republic of Estonia cannot be established, there is sufficient reason to believe that he or she is outside the territory of the Republic of Estonia and absconds court proceedings, reasonable efforts have been made for finding him or her and court hearing is possible without the him or her ;
3) after his or her interrogation at a court session, the accused has caused himself or herself to be in a state which precludes his or her participation in the court hearing, and court hearing is possible without him or her ;
4) it is complicated to take him or her to the court, and he or she has consented to participation in the court hearing in audio-visual form pursuant to clause 69 (2) 1) of this Code.
5) he or she has submitted a reasoned request to the court to hear the matter without his or her participation and the court is convinced that it is possible to defend the rights of the accused without his or her participation in the court hearing and the absence of the accused from a court session is not contrary to the public interests.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Fair trial standards
Trials in absentia
EDIT.