Kinnipidamises

Kinnipidamises is the legal deprivation of a person’s liberty by state authorities, typically police or other law enforcement agencies, in order to conduct an investigation, secure attendance at proceedings, or prevent harm or flight. It is a procedural step within criminal procedure and is bounded by law to protect public safety while safeguarding individual rights. The term is used in Estonian legal discourse to describe the act and period of detaining a suspect or accused person during investigation or pre-trial phases, as well as certain closely related custody situations.

Procedural requirements emphasize legality, necessity, and proportionality. A detention must be based on a legally justified decision, and the detainee must be informed of the reasons for detention, the authorities involved, and any charges or suspected offenses. Detainees have rights to legal counsel, to communicate with a trusted person, to medical care, and to challenge the detention before a court. Detention facilities are subject to oversight and the conditions of confinement must meet basic human rights standards. The duration of detention is generally time-limited and subject to judicial review; extensions typically require additional authorization by a court and must be justified by the proceedings.

Types of detention commonly include short-term police custody and pre-trial detention awaiting investigation or trial. In many systems, detention is complemented by alternatives such as house arrest or release with conditions. International human rights law governs detention to ensure it remains lawful, necessary, and proportionate, with protections for due process and humane treatment.