Measure Implementation

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

Measure is possible in Estonia. Extract from the Code of Criminal Procedure: § 88. Physical examination of a person (1) When performing physical examination of a person, the following is ascertained: 1) whether there are any indicia of a criminal offence on the body, clothes or footwear of the person, which constitute grounds for declaring them a suspect; 2) the nature of any harm to the person’s health and the location and other characteristics of any bodily injuries; 3) any bodily peculiarities of the suspect, accused or victim or any distinctive marks on their body, which need to be recorded with a view to resolving the criminal case; 4) whether, with the person or hidden in their body, there are items to be used as physical evidence; 5) any other facts related to the subject matter of evidence in the criminal case. (2) If the aim of the physical examination of a person is to detect the indicia of a criminal offence on their body, a forensic pathologist, health care professional or other specialist witness takes part in the examination. (3) When conducting a physical examination of a person, it is allowed to take, from the person, samples for analysis or material for expert assessment. The provisions of § 100 of this Code are followed when taking such samples and material. (4) The report of a physical examination of a person records: 1) a description of the indicia of a criminal offence discovered on the body, clothes or footwear of the person; 2) a description of the peculiarities or distinctive marks on the person’s body; 3) the names of any objects were discovered in the course of the investigative operation and which are to be used as physical evidence. (5) It is not allowed to draw any conclusions in the report of a physical examination of a person concerning the nature of any harm to their health, the aging of such harm or the manner in or means by which the harm was caused.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU on EIOs; CoE MLA Convention 1959

Competent Authority

* receive the request/decision for judicial cooperation

Office of the Prosecutor General

Accepted languages

Accepted languages for the request/decision

Estonian or English

Execution deadline

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

Follow the deadlines provided by international treaties.

Concise legal practical information

Special requirements

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Last reviewed on 21 September 2022 by EJN Secretariat

NEXT MEASURE

  • Examination and identification (A.40-A.43)
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