Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Естония

Изслушване на деца (705)

1. MEASURE IMPLEMENTATION

Естония

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. More detailed information Articles 70: Specifications concerning hearing of witnesses who are minors (1) A body conducting proceedings may involve a child protection official, social worker, teacher or psychologist in the hearing of a witness who is a miner. [RT I, 11.07.2013, 1 - entry into force 01.09.2013] (2) If a body conducting proceedings has not received appropriate training, involvement of a child protection official, social worker, teacher or psychologist in the hearing of a minor is mandatory if: [RT I, 11.07.2013, 1 - entry into force 01.09.2013] 1) the witness is up to ten years of age and repeated hearing may have a harmful effect on the mind of a minor; 2) the witness is up to fourteen years of age and the hearing is related to domestic violence or sexual abuse; 3) the witness is with speech impairments, sensory or learning disabilities or mental disorders. (3) If necessary, the hearing of minors is video recorded. In the case specified in subsection (2) of this section, the hearing of minors is video recorded if the intention is to use such hearing as evidence in court proceeding because hearing of a minor directly in a court is impossible due to his or her age or mental state. (4) A suspect has the right to examine during the pre-trial proceedings the video recordings specified in (3) of this section. The suspect or a counsel has the right to submit questions to witnesses during five days after the examining. A prosecutor's office shall review a request within five days as of the receipt thereof. Dismissal of a request shall be formalised by an order a copy of which shall be communicated to the person who submitted the request. Dismissal of a request shall not prevent re-submission of the request pursuant to the procedure provided for in § 225 of this Code or in the court proceeding. Arcile 290 and 290(1) of Estonian Criminal pProcedure Code: § 290. Specifications concerning hearing of witnesses who are minors (1) In the hearing of a witness under fourteen years of age, he or she shall not be cross-examined. (2) A court may involve a child protection official, social worker, teacher or psychologist in the hearing of a witness under fourteen years of age who may question the witness with the permission of the judge. [RT I, 11.07.2013, 1 - entry into force 01.09.2013] (3) A judge shall make a proposal to a witness who is a minor of less than fourteen years of age to tell the court everything he or she knows concerning the criminal matter. (4) After a witness who is a minor of less than fourteen years of age has given testimony, he or she shall be examined by the prosecutor and counsel in the order determined by the court. The accused may pose questions to the witness through the counsel. (5) The court shall overrule inadmissible and irrelevant questions. With the permission of the court, leading questions may be posed to a witness. (6) Taking into consideration the mental or physical condition and the age of a witness, the court may suspend the questioning by the parties and examine the witness on its own initiative or on the basis of the written questions prepared by the parties to the court proceeding. (7) If the presence of a minor is not necessary after he or she has been heard, the court shall ask him or her to leave the courtroom. [RT I, 23.02.2011, 1 - entry into force 01.09.2011] § 290(1) Specifications concerning testimony given in pre-trial procedure by witnesses who are minors (1) A court may not summon a minor at the request of a party to the court proceeding and allow to submit the testimony given by the minor in pre-trial procedure as evidence, provided the testimony was video recorded, and the counsel has had the opportunity to pose questions to the witness in pre-trial procedure about the facts relating to the subject of proof, if: 1) the witness is up to ten years of age and repeated hearing may have a harmful effect on the mind of a minor; 2) the witness is up to fourteen years of age and the hearing is related to domestic violence or sexual abuse; 3) the witness is with speech impairments, sensory or learning disabilities or mental disorders. (2) If a court finds after examination of the evidence specified in subsection (1) of this section that it is necessary to question a minor about additional circumstances, the court may question the witness on its own initiative or on the basis of a written questions prepared by the parties to the court proceeding. [RT I, 23.02.2011, 1 - entry into force 01.09.2011]

2. LEGAL FRAMEWORK

Естония

International legal framework applicable for this measure in your Member State

CoE (1959) and EU MLA (2000) conventions

3. COMPETENT AUTHORITY TO:

Естония

* receive the request/decision for judicial cooperation

in all cases the competent authority is Estonian Ministry of Justice

* execute/recognise the measure (if other than the receiving authority)

Investigative authorities or courts

4. ACCEPTED LANGUAGES

Естония

Accepted languages for the request/decision

Estonian and/or English

5. EXECUTION DEADLINE

Естония

Deadlines for the execution of the request/decision (where applicable)

no presise deadlines

6. CONCISE LEGAL PRACTICAL INFORMATION

Естония

a. Special requirements

Dual criminality is needed

b. Other useful information

no presise deadlines

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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