Print   

Code of Criminal Procedure of Estonia (excerpts)

(...)

§ 91. Search
(1) The objective of a search is to find an object to be confiscated or used as physical evidence, a
document, thing or person necessary for the adjudication of a criminal matter, property to be seized
for the purposes of compensation for damage caused by a criminal offence, or a body, or to apprehend
a fugitive in a building, room, vehicle or enclosed area.
(2) A search shall be conducted on the basis of an order of a Prosecutor's Office or a court ruling.
The search of a notary’s office or advocate's law office shall be conducted at the request of a
Prosecutor's Office and on the basis of an order of a preliminary investigation judge or on the basis of
a court ruling.
(3) In cases of urgency, an investigative body may conduct a search on the basis of an order of
the investigative body without the permission of a Prosecutor's Office, but in such case the
Prosecutor's Office shall be notified of the search within twenty-four hours and the Prosecutor's Office
shall decide on the admissibility of the search.
(4) A search warrant shall set out:
1) the objective of the search;
2) the reasons for the search.
(5) A person may be searched without a search warrant:
1) in the event of detention of a suspect or arrest;
2) if there is reason to believe that the object to be found is concealed by the person at the place
of the search.
(6) If a search is conducted, the search warrant shall be presented for examination to the person
whose premises are to be searched or to his or her adult family member, or a representative of the
legal person or the state or local government agency whose premises are to be searched, and he or she
shall sign the warrant to that effect. In the absence of the appropriate person or representative, the
representative of the local government shall be involved.
(7) A notary’s office or an advocate’s law office shall be searched in the presence of the notary
or advocate. If the notary or advocate cannot be present at the search, the search shall be conducted in
the presence of the person substituting for the notary or another advocate providing legal services
through the same law office, or if this is not possible, any other notary or advocate.
(8) If a search is conducted, the person shall be asked to hand over the object specified in the
search warrant or to show where the body is hidden or the fugitive is hiding. If the proposal is not
complied with or if there is reason to believe that the person complied with the proposal only partly, a
search shall be conducted.

§ 118. Wire tapping or covert observation of information transmitted through technical
communication channels or other information
(1) Information obtained by wire-tapping or covert observation of messages or other information
transmitted by the public telecommunications network shall be recorded and entered in the
surveillance report.
(2) Information recorded upon wire-tapping or covert observation shall be entered in the
surveillance report in so far as is necessary for the adjudication of the criminal matter.
(3) Information communicated by a person specified in § 72 of this Code which is subject to
wire-tapping or covert observation shall not be used as evidence if such information contains facts
which have become known to the person in his or her professional activities, unless the person has
already given testimony with regard to the same facts or if the facts have been disclosed in any other
manner.