Rights of a person detained as a suspect, the accused, and the victim
A criminal procedure consists of the following:
- a pre-trial procedure or investigation of the crime which is conducted by the police or another competent body and the prosecutor and which involves collecting evidence about the crime committed and the alleged person at fault and
- the judicial proceedings, namely proving of the guilt and applying a punishment. If there is enough evidence, the criminal matter is sent to a court. The trial ends by convicting or acquitting the accused. In the event of a conviction, the court will also make a decision on the civil action filed if there are damages; in the event of an acquittal, however, the action is rejected. If the accused is not satisfied with the court ruling, an appeal may be filed with a court of a higher instance.
In contacts with the police or law enforcement bodies, any individual has rights which are protected by the Constitution of the Republic of Estonia and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Based on a generally acknowledged principle, everyone has the right to freedom and to the integrity of the person. The freedom of an individual may only be limited based on the law.
Everyone has the right to be present at the hearing of their case, the right to refuse to give statements against themselves or their loved ones, and the right to appeal court decisions. One offence may not be penalised several times.
Rights of a person detained as a suspect and the accused
A person detailed as a suspect in a crime has the right:
- to be notified of the substance of the suspicion, to give statements, or refuse to give statements
- to receive information in a language and in a manner that they understand (i.e. by involving a translator)
- to be immediately notified of the reason for their detention
- to notify their loved ones of having been detailed (this right may be restricted to prevent a crime or in the interests of investigating a crime)
- to be notified of the court ruling immediately
- to receive compensation in the event of a breach of their rights, etc.
No one may be detained for more than 48 hours without the permission of a court.
The individual accused of a crime has the rights of a suspect:
- to receive information in a language and in a manner that they understand (i.e. by involving a translator)
- to be granted the time and an opportunity to defend themselves
- to defend themselves or choose a defender (including to receive free legal aid if the accused is unable to pay for legal aid)
- to question the witnesses of the prosecution or have them questioned
- to summon and question witnesses
- to submit evidence, petitions, etc.
The rights of a suspect or the accused are specified in detail in the Code of Criminal Procedure. A summary of the regulation of criminal procedure is also available in the E-Justice portal of the European Union.
Rights of the victim
A victim of a crime (a casualty) is an individual who has suffered physical, material, or moral damages immediately as a result of an unlawful act (e.g. an injury, damaged or stolen property, or consequences of an event which is deemed a crime pursuant to the domestic law). The law grants to the victim certain rights before, during, and after the trial (judicial proceedings).
The rights of the victim:
- to give statements or refuse to give statements
- to submit evidence
- to file petitions and complaints
- to get acquainted with the materials of the proceedings pursuant to the procedure established by the law
- to give consent to the application of temporary restraining order and request application of restraining order
- to appeal rejecting or closing of criminal proceedings, etc.
Further information is available on the website of the prosecutor’s office.
Further information about the rights of the victim in a procedure and the assistance available can be found on the website of the Prosecutor’s Office and from the E-Justice portal of the European Union.
The State Portal eesti.ee does nor provide legal assistance, answers to daily legal questions can be found with the help of the Jurist Aitab legal portal and HUGO.legal.
Related articles
References
Laws
- The Constitution of the Republic of Estonia
- Convention for the Protection of Human Rights and Fundamental Freedoms
- Code of Criminal Procedure