Life is unpredictable, and sometimes people may find themselves in situations where they are accused of a crime. Regardless of whether you are guilty or not, it’s important to understand how the criminal process works in Estonia. This article will help you understand the key stages of the process and what to do at each stage.
1. First Stage: Initiation of a Criminal Case
A criminal process in Estonia begins with the initiation of a criminal case. This usually happens when the police or prosecutor’s office receive information about an alleged crime. The case can be opened based on a victim’s report, a police statement, or when law enforcement authorities themselves discover the crime.
- What to Do If You Are Arrested? If you are arrested, it is important to remember a few key things:
- You have the right to a lawyer. Don’t be afraid to use this right from the very beginning.
- Don’t give testimony without a lawyer. Your instinct might be to justify yourself immediately, but this often complicates your defense.
- You have the right to know why you are being detained. Demand explanations.
2. Investigation and Pre-trial Proceedings
After a criminal case is initiated, the investigation begins. The police or other investigative authorities gather evidence, interview witnesses, and conduct expert examinations. During this stage, the prosecutor plays an important role, deciding whether there is enough evidence to take the case to court.
- Your Rights During the Investigation Stage:
- You have the right to know what charges are being brought against you.
- You have the right to access the case materials and present your own evidence.
- You can challenge the investigative actions if you consider them illegal (for example, property arrest or searches).
3. Plea Bargaining and Alternatives to Court
Not all criminal cases go to court. In some cases, it’s possible to reach a plea bargain with the prosecutor. This means that both parties agree on guilt and punishment, which helps avoid a lengthy trial.
- When Is This Possible? Plea bargains are usually made for less serious crimes, such as minor theft, property damage, or fraud. It benefits both sides: the accused receives a lighter sentence, and the state saves resources.
4. Court Proceedings
If the case is not closed during the investigation or a plea bargain is not reached, court proceedings begin. In Estonia, courts can be:
- County Courts for less serious crimes.
- District Courts for more serious crimes that require deeper examination.
In court, both sides — the prosecution (prosecutor) and defense (lawyer) — present their arguments and evidence. The court listens to witnesses, experts, and reviews all case materials.
- How Does the Trial Proceed?
- Opening the Hearing. The judge opens the session and checks the presence of all parties.
- Presentation of the Case. The prosecutor announces the charges and presents evidence.
- Defense of the Accused. Your lawyer has the opportunity to question witnesses and present your evidence.
- Closing Arguments. Both sides summarize their positions.
- Verdict. After considering all the facts, the judge delivers a verdict.
5. Verdict and Appeal
After the court delivers its verdict, you have the right to appeal. If you are not satisfied with the decision, you can file an appeal within 30 days. It is important to remember that an appeal requires strong legal arguments, so legal assistance is crucial at this stage.
- What Can Be Challenged?
- The legality of the verdict.
- The severity of the punishment if it seems excessive.
- Procedural errors made during the trial.
6. What Should an Ordinary Person Remember?
- Don’t Panic. Even if you are detained, it’s important to remain calm and exercise your rights.
- Right to a Lawyer. Whether or not you can afford a lawyer, the state is obligated to provide one. Never refuse this help.
- Don’t Give Testimony Without a Lawyer. Often people say too much, which later works against them. A lawyer will help you build the right defense strategy.
Conclusion
The criminal process in Estonia can seem complex and intimidating, especially if you have never faced it before. But by knowing your rights and the key stages of the process, you can better protect yourself and your interests. If you are accused of a crime, your first step should be to contact a lawyer who will help guide you through all the stages, from investigation to court.
