Eelmenetluses

Eelmenetluses refers to the pre-trial phase of criminal procedure in Estonia, conducted before formal charges are brought and the case moves to court. It is governed primarily by the Kriminaalmenetluse seadus (Criminal Procedure Act) and carried out by investigative authorities, such as the police and the prosecutor’s office. The purpose of eelmenetluses is to establish whether there is sufficient basis to initiate pre-trial criminal proceedings, to gather relevant facts, and to secure evidence necessary for a possible indictment.

During eelmenetluses, investigators collect and assess information through various activities, including interviewing suspects, victims, and witnesses; examining scenes and documents; and ordering expert analyses. Investigative actions may also involve searches, seizures, and other measures that may require legal authorization. The scope and manner of these activities are constrained by law to protect fundamental rights, such as presumption of innocence and the right to defense.

Key participants in eelmenetluses include the investigator (or other investigative authority), the prosecutor who oversees and directs the investigation, the suspected person and potential witnesses, and, where appropriate, the defense counsel. In certain circumstances, the courts may be involved to authorize coercive measures or to rule on procedural questions, such as the necessity of detention.

Outcomes of eelmenetluses can vary. The investigation may be terminated if there is no sufficient grounds to proceed, or a proposal may be made to file charges and initiate main proceedings. The phase ends when a decision to commence or terminate the pre-trial process is reached, or when the case is handed to the next procedural stage.