Criminal Procedure Code at Estonia
Estonia's Code of Criminal Procedure (Kriminaalmenetluse seadustik) is the primary legal framework governing criminal proceedings in the country. It outlines procedures for investigations, trials, and appeals, ensuring the protection of rights for suspects, accused individuals, victims, and witnesses.
Key Provisions of the Code
Language of Proceedings: Criminal proceedings are conducted in Estonian. If a participant is not proficient in Estonian, they are entitled to assistance from an interpreter or translator. All documents in criminal and court files must be in Estonian or translated into Estonian. If a suspect or accused is not proficient in Estonian, essential documents like the statement of charges and judgment must be communicated to them in a language they understand. (Code of Criminal Procedure–Riigi Teataja, Code of Criminal Procedure (consolidated text of March 3, 2014), Estonia, WIPO Lex)
Presumption of Innocence: An individual is presumed innocent until proven guilty. No one is required to prove their innocence in a criminal proceeding. Any suspicion of guilt that has not been eliminated must be interpreted in favor of the suspect or accused. (Code of Criminal Procedure (consolidated text of March 3, 2014), Estonia, WIPO Lex)
Rights of Participants: Investigative bodies, prosecutors, and courts are obligated to explain the objectives of procedural acts and the rights and obligations of participants. They must provide suspects and accused individuals with a real opportunity to defend themselves and ensure the assistance of counsel when required or requested. In urgent cases, legal assistance must be provided to those in custody upon request. (Code of Criminal Procedure (consolidated text of March 3, 2014), Estonia, WIPO Lex)
Detention and Custody: A suspect may be detained for up to 48 hours without a court-issued arrest warrant. Upon detention, the individual must be immediately notified of the court's decision in a language they understand. Participants in proceedings must be treated with dignity, and no one shall be subjected to torture or other cruel or inhuman treatment. (Code of Criminal Procedure (consolidated text of March 3, 2014), Estonia, WIPO Lex)
Court Sessions and Public Access: Court sessions are generally open to the public. However, a court may decide to hold a session in camera to protect state or business secrets, morals, the private and family life of a person, the interests of a minor, or the interests of justice. If a session is held in camera, the court must warn those present that disclosure of information related to the proceeding is prohibited. (Code of Criminal Procedure–Riigi Teataja)
Criminal Files: A criminal file comprises all documents collected in a criminal matter. Courts maintain a court file for every criminal matter, which includes all procedural documents and other related documentation. These files may be maintained in digital form, with paper documents scanned and saved in the E-File system. Digital court files are subject to specific regulations concerning their maintenance, access, and preservation. (Code of Criminal Procedure–Riigi Teataja, Code of Criminal Procedure–Riigi Teataja)
Accessing the Full Code
The consolidated version of Estonia's Code of Criminal Procedure, as of March 3, 2014, is available in English on the WIPO Lex website. For the most up-to-date and official version, you can refer to the Riigi Teataja (Estonian State Gazette), which publishes consolidated texts of Estonian laws. (Code of Criminal Procedure (consolidated text of March 3, 2014), Estonia, WIPO Lex, Code of Criminal Procedure–Riigi Teataja)
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