PoliticalRepoPoliticalRepo

Estonia · Bill · SE

114

The Law on Amendments to the Code of Criminal Procedure, the Code of Administrative Court Procedure and the Penal Code and other laws (differences in criminal, misdemeanor and court procedures during states of emergency and martial law)

tagasi voetudEstonia· Riigikogu· ET

Introduced

2 December 2019

Last action

2 December 2019 · TAGASI_VOETUD

Status

TAGASI_VOETUD

Sponsors

Johannes Kert, Vabariigi Valitsus

Subjects

Discovery layer

Source updated

2 December 2019

Official sourceDownload fileView documentsShare

Summary

The bill ensures quick and efficient conduct of criminal and court proceedings during a state of emergency and martial law, as well as a better and more economical use of court resources. The resources of the prosecutors, the prosecutor's office and the courts planned for the prosecution of criminal cases may not be sufficient to carry out criminal and court proceedings as well as in a normal situation in a state of emergency or a state of war, where the workload may increase or is prosecution of criminal cases, civil or administrative cases complicated for other reasons. Therefore, the bill includes changes that enable faster proceedings and administration of justice or give more time to perform procedural actions. In criminal proceedings, the procedure for formalizing and translating documents is simplified, differences are established regarding the deadlines for various actions, the possibility of immediate execution of the judgment is provided for to turn over and to suspend proceedings due to exceptional circumstances accompanying a state of emergency or martial law. The suspension of the proceedings of the criminal case is also accompanied by the suspension of the statute of limitations of the criminal case. The statute of limitations on misdemeanors is suspended during a state of emergency or martial law. A criminal suspect can be detained for a total of up to seven days without the court's permission. In addition, the processing of the authorization for the pursuit operation and the identification of the person against him will be extended the time of notification of the pursuit operation. The work organization of the courts will be made more flexible. The President of the Supreme Court may temporarily assign a judge to another court of the same level or a lower level without his consent. At the same time, the President of the Supreme Court forms a national defense collegium, which is launched during the state of war at the county court or district court for the rapid processing of crimes related to the state's defense capability and military service. In addition, there is according to the bill, it is possible to hold court hearings outside normal court hours, e.g. in the case of mass crimes, if this is necessary for the administration of justice. In civil and administrative court proceedings, it is also provided that in exceptional circumstances arising from a state of emergency and martial law, the proceedings may be suspended and the court may be given the opportunity to review the matter in a simplified manner at its fair discretion

Machine translation from Estonian. The official text remains authoritative.

Timeline

  1. 2 December 2019

    TAGASI_VOETUD

    Source: SE

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

17 official files

Tagasivõtmise avaldus

View fileDownload file

Sponsors

Related records

No cross-record relationships stored yet.

Sources

PoliticalRepo is an index and interpretation layer, not the authoritative legal source.