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Code of Criminal Court Appeal and Cassation Procedure

(excerpts)

Passed on 21 June 1993, entered into force on 15 September 1993.

Chapter I

General Provisions

§ 3. Forming of panels

(1) For the review of a criminal matter in a circuit court, the chairman of a circuit court or chairman of the Criminal Chamber of a circuit court shall form a panel of at least three judges in accordance with the rules of the circuit court.

§ 4¹. Access to state secrets

(1) Judges have the right to access state secrets by virtue of office in order to perform duties which have been assigned to them by the Constitution or Acts of the Republic of Estonia and by legislation passed on the basis thereof.

Chapter II

Appeal to Circuit Court

§ 5. Right of appeal

(1) The accused at trial, his or her criminal defence counsel or legal representative, the victim or his or her representative and the prosecutor have the right to file appeals against a judgment of the court of first instance with a circuit court.

(2) A plaintiff, defendant and their representatives have the right to file appeals only in the part of the judgment or ruling which concerns the civil action.

(3) Upon application of simplified procedure, the accused at trial, his or her criminal defence counsel or the legal representative of an accused at trial who is a minor have the right to file appeals only against the violations of procedural provisions which regulate simplified proceedings. A prosecutor has the right to file an appeal in such matters.

§ 10. Refusal to accept or hear appeal

(1) If an appeal is not in compliance with the requirements provided for in § 8 of this Code, a judge shall, by a ruling, refuse to accept the appeal, set a term for the elimination of deficiencies and notify the appellant of the term.

(2) If an appellant fails to comply with the requirements by the specified term or give reasons why compliance therewith is impossible, or if the appeal is filed by a person who is not entitled to file the appeal pursuant to § 5 of this Code, the judge shall return the appeal without a hearing by a ruling.

Chapter III

Pre-trial Proceedings in Circuit Court

§ 13. Elimination of deficiencies from appeal

If a judge of a circuit court finds that an appeal is not in compliance with the requirements provided for in § 8 of this Code, the judge shall set a term for the appellant to eliminate the deficiencies. If the appellant fails to comply with the requirements by the specified term or give reasons why compliance therewith is impossible, the judge shall return the appeal without a hearing by a ruling.

Chapter VII

Appeals against rulings

§ 68. Right to file appeals against rulings

(1) Appeals may be filed against rulings made by courts or judges as follows:

1) against a ruling on taking into preventive custody (taking into custody, refusal to take into custody, extension of the term of custody, refusal to extend the term of custody, release from preventive custody) and against a ruling on the application of security (application or refusal to apply security): by the person concerning whom the preventive measure was imposed or refused, his or her criminal defence counsel or legal representative, and the prosecutor;

1¹) against a ruling on placement of a suspect, the accused or the accused at trial in a medical institution in order to obtain an expert assessment pursuant to the procedure provided for in subsection 159 (2) of the Code of Criminal Procedure: by the corresponding suspect, accused, or accused at trial, his or her criminal defence counsel or legal representative, and the prosecutor;

2) against a ruling on the referral of a criminal matter for additional investigation: by the accused or accused at trial or their criminal defence counsel, the victim and the prosecutor;

3) against a ruling on termination of criminal proceedings in a criminal matter set out in § 113, subsection 115 (1), §§ 128.1, 129 or 130 of the Criminal Code on the grounds prescribed in clause 5 (1) 6) or subsection 221 (2) of the Criminal Code: by the victim or his or her representative;

4) against a ruling on the application of a limitation period in the bringing of criminal charges on the basis of subsection 53 (4) of the Criminal Code: by the person who committed the criminal offence, his or her criminal defence counsel and the prosecutor;

5) against a ruling on the administration of coercive treatment on the basis of subsection 59 (1) of the Criminal Code: by the person to whom coercive treatment was administered, his or her criminal defence counsel or legal representative, the victim and prosecutor;

6) against ruling on the imposition of educational sanctions on the basis of § 61 of the Criminal Code: by the person on whom the sanction was imposed, his or her criminal defence counsel or legal representative, the victim and prosecutor;

7) against a ruling on the imposition of a fine: by the person on whom a fine was imposed pursuant to the procedure provided for in §§ 53, 55, 76, 78²or 225 of the Code of Criminal Procedure;

8) by the participant in the proceeding whose application for the restoration of a term was denied;

9) against a ruling on refusal to hear an appeal, appeal in cassation or appeal against a ruling: by the person who filed the appeal;

10) against a ruling on the termination of criminal proceedings on the grounds prescribed in clauses 5 (1) 5), 7), 8), 9) or 10), subsection 5 (4) or § 10¹of the Code of Criminal Procedure: by the accused or accused at trial, his or her criminal defence counsel or legal representative, the victim, his or her representative or the prosecutor;

11) against a ruling on the refusal to commence criminal proceedings in the case prescribed in clause 363 (1) 2) of the Code of Criminal Procedure: by the victim, his or her representative or the prosecutor;

12) against a ruling on the termination of criminal proceedings by way of simplified procedure on the bases set out in clause 375 5) or 385 3) of the Code of Criminal Procedure: by the accused at trial, his or her criminal defence counsel or legal representative, the victim or his or her representative or the prosecutor.

13) against a ruling made on the basis of § 289³of the Code of Criminal Procedure on the grant of permission to place a minor in a school for students who need special treatment due to behavioural problems, to extend the term for a minor's stay in a school for students who need special treatment due to behavioural problems, to release a minor from a school for students who need special treatment due to behavioural problems or on the refusal to grant such permission: by the minor and his or her parent or other legal representative.

14) against rulings specified in subsections 14 (1) and clause 30 (2) 2) of this Code: by the accused at trial, his or her criminal defence counsel or legal representative, and the prosecutor;

15) against a ruling specified in § 412 of the Code of Criminal Procedure: by the person whose property is subject to transfer to a foreign state on the basis of the ruling, his or her criminal defence counsel or legal representative, and the prosecutor.

(2) Other rulings made in criminal matters are not subject to separate appeal but they may be contested in an appeal.

Chapter VIII

Review on Basis of Petitions for Review of Court Decisions in Force

§ 77¹. Definition of and grounds for review

(1) A new hearing of a judgment or ruling which has entered into force for the renewal of criminal procedure (review) may be requested after new facts become evident.

(2) A criminal matter being reviewed is a criminal matter in which the review of procedure is requested.

(3) The grounds for review are:

1) the unlawfulness or unfoundedness of a court judgment entered into force arising from the false testimony of a witness or victim, knowingly wrong opinion of an expert, knowingly false interpretation or translation, or falsification of documents or evidence which is established by a court judgment which has entered into force;

2) commission of a criminal offence by a judge in the hearing or review of the criminal matter being reviewed which is established by a court judgment which has entered into force;

3) commission of a criminal offence by a person conducting the investigation, preliminary investigator or prosecutor in the pre-trial investigation of the criminal matter being reviewed which is established by a court judgment if such criminal offence could have affected the court judgment in the criminal matter being reviewed;

4) the annulment of a court judgment or ruling which constitutes the basis of the judgment or ruling being reviewed which would result in a judgment of acquittal or the application of a provision of the criminal law which prescribes a lesser punishment;

5) other essential facts which become evident in the criminal matter being reviewed and which were not known by the court at the time of the making of a judgment or ruling and which, individually or in aggregate with the already established facts, would result in a judgment of acquittal or the application of a provision of the criminal law which prescribes a lesser punishment;

6) a court judgment or ruling which is based on rules of law which have been declared by the Supreme Court to be in conflict with the Constitution, or on an interpretation of such rules of law.