Measure Implementation

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

§ 77. Confrontation (1) Persons may be confronted if a contradiction contained in their statements cannot be eliminated otherwise. (2) In confrontation, the relationship between the persons confronted shall be ascertained and questions concerning the contradicting facts shall be posed to them in series. (3) In confrontation, the previous statements of a person confronted may be disclosed and other evidence may be submitted. (4) With the permission of an official of the investigative body, the persons confronted may pose questions to each other through the official concerning the contradictions contained in their statements. If necessary, the official of the investigative body changes the wording of a question posed. (5) In the course of confrontation, statements are obtained pursuant to subsections 66 (21) and 68 (2) to (6) of this Code. [RT I, 23.02.2011, 1 - entry into force 01.09.2011] (6) The body conducting proceedings may organise the participation of a person confronted in confrontation by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code. Confrontation organized by means of a technical solution shall be video recorded.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU on EIOs (Art. 3); Art 11(1) 1959 Convention

Competent Authority

* receive the request/decision for judicial cooperation

Office of the Prosecutor General- if the request is made under the Directive 2014/41/EU on EIOs. Ministry of Justice- if the request is made under the 1959 or 2000 MLA Convention.

Accepted languages

Accepted languages for the request/decision

Estonian and/or English

Execution deadline

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

N/A

Concise legal practical information

Special requirements

-

Last reviewed on 16 September 2022 by EJN Secretariat

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