Measure Implementation

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

Hearing witness is possible under international judicial cooperation. Hearing suspects/persons accused: Hearing of suspects is possible under Estonian legislation. § 75. Interrogation of Suspect (1) Upon application of interrogation of a suspect, his or her name, residence or seat and address, personal identification code or, in the absence thereof, date of birth, citizenship, education, native language and the place of work or educational institution shall be ascertained. [RT I 2004, 46, 329 - entry into force 01.07.2004] (2) At the beginning of interrogation, it shall be explained to the suspect that he or she has the right to refuse to give statements and that the statements given may be used against him or her. (3) The suspect shall be asked whether he or she committed the criminal offence of which he or she is suspected and a proposal shall be made to the suspect to give statements in his or her own words concerning the facts relating to the criminal offence on which the suspicion is based. (31) The suspect and his or her counsel have the right to get a copy of the record of interrogation of the suspect during the interrogation to the extent provided for in clauses 76 (1) 1) to 3) of this Code. [RT I, 23.02.2011, 1 - entry into force 01.09.2011] (4) Subsections 66 (21) and 68 (3) to (6) of this Code apply to interrogation of suspects. Hearing children: 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]. Hearing victims/plaintiffs: The measure is possible under Estonian legislation, but no specific rules for that. Hearing experts: Yes. See more information - Article 109 of Estonian Criminal Procedure Code: Hearing of experts: If necessary, an expert shall be heard in a pre-trial proceeding in order to specify the content of the expert's report or the report on his or her refusal to conduct the expert assessment. An expert is heard pursuant to subsection 66 (21) and §§ 68 and 69 of this Code. [RT I, 23.02.2011, 1 - entry into force 01.09.2011].

Legal Framework

International legal framework applicable for this measure in your Member State

CoE (1959) and EU MLA (2000) conventions EIO Directive

Competent Authority

* receive the request/decision for judicial cooperation

If the request is made under CoE (1959) and EU MLA (2000) conventions, then the competent authority is the Ministry of Justice. If the request is made under the EIO Directive, then the competent authority is the Office of the Prosecutor General.

Accepted languages

Accepted languages for the request/decision

Estonian and/or English

Execution deadline

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

No presise deadlines

Concise legal practical information

Special requirements

-

Last reviewed on 16 September 2022 by EJN Secretariat

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