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CODE OF CRIMINAL PROCEDURE

 

Chapter 1
GENERAL PROVISIONS

[...]

§ 7. Presumption of innocence
(1) No one shall be presumed guilty of a criminal offence before a judgment of conviction has entered into
force with regard to him or her.
(2) No one is required to prove his or her innocence in a criminal proceeding.
(3) A suspicion of guilt regarding a suspect or accused which has not been eliminated in a criminal proceeding
shall be interpreted to the benefit of the suspect or accused.


§ 8. Safeguarding of rights of participants in proceedings
Investigative bodies, Prosecutors' Offices and courts shall:
1) in the performance of a procedural act in the cases provided by law, explain to the participants in the
proceeding the objective of the act and the rights and obligations of the participants;
2) provide the suspect and accused with a real opportunity to defend themselves;
3) ensure the assistance of a counsel to the suspect and accused in the cases provided for in subsection 45 (2) of
this Code or if such assistance is requested by the suspect or accused;
4) in the cases of urgency, provide a suspect or accused held in custody with other legal assistance at his or her
request;
5) deposit the unsupervised property of a suspect or accused held in custody with the person or local
government specified by him or her;
6) ensure that the minor children of a person held in custody be supervised or the persons close to him or her
who need assistance be cared for;
7) explain to a victim who is a natural person his or her right to contact a victim support official and, if
necessary, receive victim support services and the state compensation prescribed for victims of crimes of
violence and explain which opportunities arising from this Code can be used to ensure the safety of victims.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]


§ 9. Safeguarding of personal liberty and respect for human dignity
(1) A suspect may be detained for up to forty-eight hours without an arrest warrant issued by a court.< br />(2) A person taken into custody shall be immediately notified of the court's decision on taking into custody in a
language and manner which he or she understands.
(3) Investigative bodies, Prosecutors' Offices and courts shall treat the participants in a proceeding without
defamation or degradation of their dignity. No one shall be subjected to torture or other cruel or inhuman
treatment.
(4) In a criminal proceeding, it is permitted to interfere with the private and family life of a person only in the
cases and pursuant to the procedure provided for in this Code in order to prevent a criminal offence, apprehend a
criminal offender, ascertain the truth in a criminal matter or secure the execution of a court judgment.


§ 10. Language of criminal proceedings
(1) The language of criminal proceedings is Estonian. With the consent of the body conducting criminal
proceedings, participants in the proceeding and parties to the court proceeding, the criminal proceedings may be
conducted in another language if the body, participants and parties are proficient in such language.
(2) Suspects, accused, victims, civil defendants and third persons who are not proficient in the Estonian
language shall be ensured the assistance of an interpreter or translator. In the case of doubt, the body conducting
proceedings shall determine the proficiency in the Estonian language. If it is impossible to determine the
proficiency in the Estonian language or it proves to be insufficient, the assistance of an interpreter or translator
shall be ensured.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(21) If a suspect or accused is not proficient in the Estonian language, he or she shall be ensured the assistance
of an interpreter or translator at his or her request or the request of his or her counsel at the meeting with the
counsel which is directly related to the procedural act performed with respect to the suspect or accused, the
application or complaint submitted. If the body conducting the proceedings finds that the assistance of an
interpreter or translator is not necessary, the body shall formalise the refusal by a ruling.
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]
(3) All documents which are requested to be included in a criminal and court file shall be in the Estonian
language or translated into Estonian. Documents in other languages prepared by investigative bodies and
prosecutors' office in terminated criminal proceedings shall be translated into Estonian by the order of the
prosecutor's office or at the request of a participant in the proceeding.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(4) A text in a language other than Estonian may be entered in the minutes of a court session at the request of a
party to a court proceeding. In such case, a translation of the text into Estonian shall be appended to the minutes.
(5) If a suspect or accused is not proficient in the Estonian language, the text of the report on detention of the
suspect, arrest warrant, European arrest warrant, statement of charges and judgment shall be translated into his
or her native language or a language in which he or she is proficient, at least to the extent which is significant
from the point of view of understanding the content of the suspicion or charges or for ensuring fairness of the
proceedings.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(6) If a suspect or accused is not proficient in the Estonian language, he or she or his or her counsel may submit
a reasoned application for translating a document which is significant from the point of view of understanding
the content of the suspicion or charges in the criminal matter or for ensuring the fairness of the proceedings into
his or her native tongue or into another language in which he or she is proficient. If the body conducting the
proceedings finds that the application for translating the documents is not justified either in full or in part, such
body shall formalise the refusal by a ruling.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(61) If a victim who is a natural person is not proficient in the Estonian language, translating of the text
which is essential for understanding the substance of the ruling on termination of criminal proceedings or the
court judgment or for ensuring the fairness of the proceedings into his or her native language or a language
in which he or she is proficient may be requested within ten days. A victim who is a natural person may also
request translating of other documents which are essential for ensuring his or her procedural rights. If the body
conducting the proceedings finds that the request for translating other documents is not justified, such body shall
formalise the refusal by a ruling.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(7) Instead of written translation of the documents listed in subsections (5) to (61) of this section, such
documents may be translated orally or an oral summary may be made thereof, if:
1) this does not affect the fairness of the proceedings; or
2) a suspect or accused who has been informed of the consequences of waiver of written translation of the
documents listed in subsections (5) and (6) of this section has filed a written application for waiver of written
translation in a format which can be reproduced in writing or it was recorded in another manner.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(8) An oral translation shall be ensured to a suspect and accused immediately, a written translation of the
documents shall be ensured to a suspect and accused within a reasonable period of time so that this does not
impair the exercise of their rights of defence.
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]
(9) A person may appeal refusal to provide translations or partial provision thereof on the basis of this section
according to the provisions of §§ 228 or 229 of this Code or pursuant to Chapter 15 of this Code.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(10) If procedural documents were translated to a person on the basis of this section, then in the case these
procedural documents are appealed, the terms of appeal shall be calculated as of the date of receipt of the
translated documents.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]


§ 11. Public access to court sessions
(1) Every person has the opportunity to observe and record court sessions pursuant to the procedure provided
for in § 13 of this Code.
(2) The principle of public access applies to the pronouncement of decisions without restrictions unless the
interests of a minor, spouse or victim require pronouncement of a decision in a court session held in camera.
(3) The principle of public access applies as of the opening of a court session until pronouncement of a
decision, taking into account the restrictions provided for in §§ 12 and 13 of this Code.
(4) A court may remove a minor from a public court session if this is necessary for the protection of the
interests of the minor.


§ 12. Restrictions on public access to court sessions
(1) A court may declare that a session or a part thereof be held in camera:
1) in order to protect a state or business secret or classified information of foreign states;
[RT I 2007, 16, 77 - entry into force 01.01.2008]
2) in order to protect morals or the private and family life of a person;
3) in the interests of a minor or a victim;
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
4) in the interests of justice, including in the cases where public access to the court session may endanger the
security of the court, a party to the court proceeding or a witness.
(2) A court shall adjudicate restrictions on public access to a court session on the basis provided for in
subsection (1) of this section by a ruling made on its own initiative or at the request of a party to the court
proceeding.
(3) With the permission of a court, an official of an investigative body, a court official, a witness, a qualified
person, an expert, an interpreter or a translator, a person specified in clause 38 (5) 3) of this Code and a person
close to the victim and accused for the purposes of subsection 71 (1) of this Code may observe a court session
held in camera.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(4) If a court session is held in camera, the court shall warn the parties to the court proceeding and other persons
present in the courtroom that disclosure of the information relating to the proceeding is prohibited.
(5) In the event of violation of the prohibition on disclosure of information concerning proceedings at a court
session held in camera, the court may impose a fine on a party to the court proceedings and person present in the
courtroom on the basis of a court ruling. The accused shall not be fined.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]


§ 13. Restrictions on recording of court sessions
(1) As of the opening of a court session until the pronouncement of the decision, the persons present in the
courtroom may take written notes.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) Other means for recording a court session may be used only with the permission of the court.
(3) If a court session is held in camera, the court may decide that only written notes may be taken.

§ 14. Adversarial court procedure
(1) In a court proceeding, the functions of accusation, defence and adjudication of the criminal matter shall be
performed by different persons subject to the proceeding.
(2) Withdrawal of the charges pursuant to the procedure provided for in § 301 of this Code releases the court
from the obligation to continue the proceedings. If charges are withdrawn for the reason that the act of the
accused comprises the necessary elements of a misdemeanour, withdrawal of the charges is the basis for
termination of the criminal proceedings. Withdrawal of the charges in other cases is the basis for a judgment of
acquittal.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]


§ 15. Direct court hearing
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(1) A decision of a county court may be based only on evidence which has been presented and directly
examined in the court hearing and recorded in the minutes.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) A decision of a circuit court may be based on:
1) evidence which has been presented and directly examined in a court hearing by the circuit court and
recorded in the minutes;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
2) evidence which has been directly examined in the county court and disclosed in appeal proceedings.
(3) A decision shall not be based solely or predominantly on the testimony of a person declared anonymous in
accordance with § 67 of this Code, evidence which direct source the accused or counsel was unable to question,
or the testimony of the person specified in subsection 66 (21).
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
§ 151. Uninterrupted and immediate court hearing
A court shall hear a matter as an integral whole and shall ensure that a decision is made as quickly as possible.
[RT I 2008, 32, 198 - entry into force 15.07.2008]

[...]

Division 4
Suspect and Accused


§ 33. Suspect
(1) A suspect is a person who has been detained on suspicion of a criminal offence, or a person whom there is
sufficient basis to suspect of the commission of a criminal offence and who is subject to a procedural act.
(2) The rights and obligations of a suspect shall be immediately explained to him or her and he or she shall
be interrogated with regard to the content of the suspicion. Interrogation may be postponed if immediate
interrogation is impossible due to the state of health of the suspect, or if postponing is necessary in order to
ensure the participation of a counsel and interpreter or translator.


§ 34. Rights and obligations of suspects
(1) A suspect has the right to:
1) know the content of the suspicion and give or refuse to give testimony with regard to the content of the
suspicion;
2) know that his or her testimony may be used in order to bring charges against him or her;
21) the assistance of an interpreter or translator;
[RT I, 04.10.2013, 3 - entry into force 27.10.2013]
3) the assistance of a counsel;
4) confer with the counsel without the presence of other persons;
5) be interrogated and participate in confrontation, comparison of testimony to circumstances and presentation
for identification in the presence of a counsel;
6) participate in the hearing of an application for an arrest warrant in court;
7) submit evidence;
8) submit requests and complaints;
9) examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of
the procedural acts, whereas such statements are recorded in the minutes;
10) give consent to the application of settlement proceedings, participate in the negotiations for settlement
proceedings, make proposals concerning the type and term of punishment and enter or decline to enter into an
agreement concerning settlement proceedings.
(2) A conference specified in clause (1) 4) of this section may be interrupted for the performance of a
procedural act if the conference has lasted for more than one hour.
(3) A suspect is required to:
1) appear when summoned by an investigative body, prosecutor's office or court;
2) participate in procedural acts and obey the orders of investigative bodies, Prosecutors' Offices and courts.


§ 341. Suspects' right to examine materials of criminal file
(1) Suspects have the right to request access to the evidence which is essential for specifying the content of
the suspicion filed against them, if this is required for ensuring fair proceedings and the preparation of defence.
Access to the evidence collected shall be ensured at the latest after the prosecutor's office has declared the pretrial
proceedings completed and submitted the criminal file for examination pursuant to § 224 of this Code.
(2) Suspects have the right to request access to any evidence which is essential in order to discuss whether an
arrest warrant is justified and for contesting detention and taking into custody in court.
(3) Enabling access to the evidence specified in subsection (1) and (2) of this section shall be decided by a
prosecutor's office. A prosecutor's office may make a ruling on refusal to enable access to evidence if this may
significantly damage the rights of another person or if this may damage the criminal proceedings.
(4) An appeal may be filed against the ruling of the prosecutor's office on refusal provided for in subsection (3)
of this section in accordance with the provisions of § 228 of this Code.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]

§ 35. Accused
(1) The accused is a person with regard to whom a prosecutor's office has prepared a statement of charges in
accordance with § 226 of this Code or a person against whom a statement of charges has been brought pursuant
to expedited procedure or a person with whom an agreement has been entered into in settlement proceedings.
(2) The accused has the rights and obligations of a suspect. The accused has the right to examine the criminal
file through his or her counsel and participate in the court hearing.
(3) The accused with regard to whom a judgment of conviction has entered into force is a convicted offender.
(4) The accused with regard to whom a judgment of acquittal has entered into force is an acquitted person.
[RT I 2006, 15, 118 - entry into force 14.04.2006]


§ 351. Information on rights of suspects and accused
(1) A suspects and accused shall be immediately provided information orally or in writing on his or her rights in
plain and intelligible language. Explanation of rights shall be confirmed by signature.
(2) A suspect or accused who is detained or taken into custody shall be immediately submitted a written
declaration of rights concerning his or her rights in the criminal proceedings. A suspect and accused shall have
the right to keep the declaration in his or her possession during the time of detention or keeping in custody.
(3) If the suspect or accused specified in subsection (2) of this section is not proficient in the Estonian language,
he or she shall be provided with the declaration of rights in his or her mother tongue or in a language in which
he or she is proficient.
(4) The standard format of a declaration of rights shall be established by a regulation of the minister responsible
for the area.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]


§ 36. Participation of suspect or accused who is legal person in criminal proceedings
A suspect or accused who is a legal person shall participate in the criminal proceeding through a member of
the management board or the body substituting for the management board of the legal person or a trustee in
bankruptcy and such person has all the rights and obligations of a suspect or accused, including the right to give
testimony in the name of the legal person.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]

[...]

Division 6
Counsel
§ 42. Counsel
(1) In a criminal proceeding, the counsel is:
1) an advocate or, with the permission of the body conducting the proceedings, any other person who meets the
educational requirements established for contractual representatives by this Act and whose competence in the
criminal proceeding is based on an agreement with the person being defended (contractual counsel), or
[RT I 2005, 71, 549 - entry into force 01.01.2006]
2) an advocate whose competence in the criminal proceeding is based on an appointment of an investigative
body, prosecutor's office or court and an appointment by the Estonian Bar Association (appointed counsel).
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(2) In a court proceeding, a person being defended may, by agreement, have up to three counsels.
(3) A counsel may defend several persons if the interests of the persons are not in conflict.
§ 43. Choice and appointment of counsel
(1) In a criminal proceeding, a suspect, accused and convicted offender may choose a counsel personally or
through another person.
(2) A counsel shall be appointed by an investigative body, prosecutor's office or court if:
1) a suspect or the accused has not chosen a counsel but has requested the appointment of a counsel;
2) a suspect or the accused has not requested a counsel but the participation of a counsel is mandatory
according to § 45 of this Code.
(3) The body conducting proceedings shall notify a suspect or accused immediately of appointment of a counsel
to him or her and communicate to him or her the contact details of an advocate who provides state legal aid
appointed by the Estonian Bar Association.
(31) If a suspect or accused requests appointment of a counsel on the basis of clause (2) 1) of this section, the
investigative body, prosecutor's office or court explains the terms and conditions of payment of remuneration
and the procedure for compensation for costs to the counsel appointed to him or her.
[RT I, 28.12.2016, 14 - entry into force 01.04.2017]
(4) If there is no suspect or accused in a criminal matter but the prosecutor's office has applied for deposition of
the testimony of a witness, the Estonian Bar Association shall appoint a counsel at the request of a preliminary
investigation judge to represent the interests of a potential suspect in the hearing of a witness.
(5) A ruling of an investigative body, prosecutor's office or court on the appointment of a counsel shall be sent
to the Estonian Bar Association.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]


§ 44. Substitute counsel
(1) A counsel may appoint a substitute counsel to participate in a criminal proceeding instead of the counsel
during the period of time when the counsel is prevented from participating in the criminal proceeding. An
investigative body, prosecutor's office or court may appoint a substitute counsel in criminal proceedings in the
cases provided by law.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(2) A substitute counsel has the rights and obligations of a counsel.


§ 441. Substitute counsel provided under state legal aid
(1) In pre-trial proceedings, the Estonian Bar Association shall appoint a substitute counsel based on a ruling
of an investigative body, prosecutor's office or court if a counsel chosen by a person cannot assume the duties
of defence within 12 hours as of the detention of the person as a suspect or, in other cases, within 24 hours as of
entry into an agreement to defend the suspect or accused or summoning to the body conducting the proceedings
and the counsel has not appointed a substitute counsel for himself or herself.
Code of Criminal Procedure Page 19 / 229
(2) In court proceedings, a court may decide to appoint a substitute counsel if a chosen or appointed counsel
cannot appear at a court session in a matter pursuant to the general procedure in which he or she has assumed
the duties of defence, and the counsel has not appointed a substitute counsel for himself or herself.
(3) If a chosen or appointed counsel is unable to participate in the court hearing of a matter within three
months as of the preliminary hearing, the court shall appoint a substitute counsel, requiring the Estonian Bar
Association to appoint a counsel within one month as of making the court ruling and ensure the participation
of the appointed counsel in court hearing within two months as of his or her appointment. If it becomes evident
within one month as of making the ruling that the chosen or appointed counsel can himself or herself assume the
duties of defence, the Estonian Bar Association shall not comply with the ruling and shall inform the court and
provide the reasons thereof.
(4) In the cases specified in this section, an appointed substitute counsel shall participate in criminal
proceedings until the counsel chosen by the suspect or accused or the appointed counsel can assume the defence
duties.
(5) In the cases specified in this section, the appointment of a substitute counsel shall not terminate the authority
of the counsel chosen by a suspect or accused or an appointed counsel or release the counsel from his or her
defence duties.
(6) In the cases specified in this section, an appointed substitute counsel shall consult, if possible, with the
counsel chosen by the suspect or accused or an appointed counsel prior to assuming the duties of defence and
comply with the instructions of the chosen or appointed counsel upon performance of the duties of defence.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]


§ 45. Participation of counsel in criminal proceedings
(1) A counsel may participate in a criminal proceeding as of the moment when a person acquires the status of a
suspect in the proceedings or in the case provided for in subsection 43 (4) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(2) The participation of a counsel throughout a criminal proceeding is mandatory if:
1) the person was a minor at the time of commission of the criminal offence or unlawful act;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
2) due to his or her mental or physical disability, the person is unable to defend himself or herself or if defence
is complicated due to such disability;
3) the person is suspected or accused of a criminal offence for which life imprisonment may be imposed;
4) the interests of the person are in conflict with the interests of another person who has a counsel;
5) the person has been held in custody for at least four months;
[RT I, 19.03.2015, 1 - entry into force 01.09.2016]
6) [repealed - RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(3) Participation of a counsel in a pre-trial proceeding is mandatory as of presentation of the criminal file for
examination pursuant to the procedure provided for in subsection 223 (3) of this Code, except in the case where
a criminal offence in the second degree is proceeded, the prosecutor considers adjudication of the criminal
case by way of alternative proceedings possible, including in the proceedings conducted by way of alternative
proceedings pursuant to expedited procedure, the suspect has been informed in writing against a signature of
the right to obtain a counsel, the terms and conditions of obtaining a counsel and the consequences of failure to
obtain a counsel but the suspect has not requested participation of a counsel and the prosecutor or judge finds
that participation of a counsel is not required in the interests of justice.
[RT I, 28.12.2016, 14 - entry into force 01.04.2017]
(4) The participation of a defence counsel in court proceedings is mandatory, except:
1) in settlement proceedings, including in the settlement proceedings conducted pursuant to expedited
procedure provided for in §§ 239 to 250 of this Code, if the suspect or the accused has not submitted a request
for participation of a counsel in court proceedings and participation of a counsel is not required in the interests
of justice in the opinion of the body conducting proceedings;
2) in proceeding of a criminal offence in the second degree by way of alternative proceedings, including in the
proceedings conducted by way of alternative proceedings pursuant to expedited procedure provided for in 233 to
238 of this Code, if the accused has waived the right to counsel and participation of a counsel is not required in
the interests of justice in the opinion of the body conducting proceedings.
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
(41) The requirements for the format of the waiver specified in subsection (4) of this section shall be established
by a regulation of the minister responsible for the area.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Page 20 / 229 Code of Criminal Procedure
(42) If the counsel does not participate in a court hearing at the request of the accused, the accused shall have
the same procedural rights and obligations that the counsel would have in the course of a court hearing.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(43) [Repealed - RT I, 05.07.2013, 2 - entry into force 15.07.2013]
(5) An appointed counsel is required to participate in a criminal proceeding until the end of the hearing of the
criminal matter by way of cassation proceedings and he or she may refuse to assume the duties of defence on his
or her own initiative or waive the duties of defence assumed by him or her on own initiative only on the bases
provided for in subsection 46 (1) of this Code.
(6) The performance of duties of defence by a contractual counsel in pre-trial proceedings includes participating
in the completion of pre-trial proceedings.
(7) The performance of duties of defence by a contractual counsel in a county court includes drawing up an
appeal against the decision or ruling of the county or city court if the person being defended so wishes.
(8) The performance of duties of defence by a contractual counsel in a circuit court includes drawing up an
appeal in cassation or appeal against the decision of the circuit court and pre-trial proceedings in the Supreme
Court if the person being defended so wishes.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(9) A contractual counsel may refuse to assume the duties of defence on his or her own initiative or waive the
duties of defence assumed by him or her on own initiative only on the bases provided for in subsection 46 (1) of
this Code.
§ 46. Refusal to assume duties of defence and waiver of assumed duties of defence
(1) A counsel may, on his or her own initiative and with the consent of the management of the law office, refuse
to assume the duties of defence or waive the duties of defence assumed by him or her if:
1) the counsel has been exempted from the obligation to maintain a professional secret pursuant to the
procedure provided for in subsection 45 (5) of the Bar Association Act or if the suspect or accused has requested
the performance of an act which is in violation of law or the requirements for professional ethics;
2) performance of the duties of defence by such counsel would be in violation of the right of defence;
3) the person being defended violates any of the essential conditions of the client contract.
(11) [Repealed - RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(2) A body conducting proceedings shall be immediately notified of a refusal to assume the duties of defence or
waiver of assumed duties of defence.
(3) A refusal to assume the duties of defence or waiver of assumed duties of defence shall have legal effect as
of the moment when a new counsel assumes the duties of defence.
(4) If a counsel has refused to assume the duties of defence or has waived the duties of defence previously
assumed by him or her, the new counsel who assumed the duties of defence thereafter may request that
investigative activities requiring the participation of the person being defended and the counsel be postponed by
three days in order to be able to examine materials of the criminal matter.


§ 47. Rights and obligations of counsel
(1) A counsel has the right to:
1) receive from natural and legal persons documents necessary for the provision of legal assistance to the
person being defended;
2) submit evidence;
3) submit requests and complaints;
4) examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of
the procedural acts, whereas such statements are recorded in the minutes;
5) with the knowledge of the body conducting the proceedings, use technical equipment in the performance of
the duties of defence if this does not obstruct the performance of procedural acts;
6) participate in the investigative activities carried out in the presence of the person being defended during the
pre-trial proceeding and pose questions through the body conducting the proceedings;
7) after he or she has been involved in a criminal proceeding, examine the record of interrogation of the person
being defended and the record of detention of the suspect and, upon the completion of pre-trial investigation, all
materials in the criminal file;
[RT I 2004, 46, 329 - entry into force 01.07.2004
8) confer with the person being defended without the presence of other persons for an unlimited number of
times with unlimited duration unless a different duration of the conference is provided for in this Code.
(2) A counsel is required to use all the means and methods of defence which are not prohibited by law in order
to ascertain the facts which vindicate the person being defended, prove his or her innocence or mitigate his
Code of Criminal Procedure Page 21 / 229
or her punishment, and to provide other legal assistance necessary in a criminal matter to the person being
defended.
(3) A counsel is required to maintain the confidentiality of all the information which becomes known to him
or her upon grant of state legal aid in the course of the criminal proceeding. The counsel is allowed to disclose
to the person being defended the information which becomes known to him or her upon grant of state legal aid.
The counsel may disclose information concerning pre-trial proceedings about the person being defended only
with the consent of the person being defended and where the legitimate interests of justice so require.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]


§ 48. Waiver of counsel
A suspect and accused may waive counsel in writing during pre-trial proceedings unless participation of a
counsel is mandatory

[...]