Summary

On 14 November 2000, the Government of the Republic approved the new draft Code of Criminal Procedure and tabled it before the Riigikogu. The article outlines the legal-political and theoretical foundations of the draft Code and reasons for the decisions taken by the working group involved in the drafting of the Code. The main focus of the article is on the differences of the draft Code from the law in force.
The author analyses the principles related to subjects of proceedings. In discussing changes pertaining to the courts, the author examines the provisions regarding criminal investigation judges as a new concept in the Estonian law. Also, the author explains the arguments for maintaining lay judges. Further, the author examines the status of the prosecutor’s office and investigation authorities in proceedings, defines their institutional role and issues concerning their co-operation. The author also dwells on the changes affecting the status of a victim in proceedings as provided by the draft Code and explains the reasons for abolishment of the concept of kohtualune (accused at trial) from the Code.
In analysing the pre-trial procedure, the author concentrates on issues concerning the initiation and termination of criminal proceedings, and appeals. The author outlines the reasons for incorporation of surveillance in the criminal procedure as well as issues related to the preparation and movement of criminal investigation files.
Further, the author examines summary proceedings introduced as a new feature by the draft Code. In the context of general criminal procedure, the adversary nature of proceedings and issues related to the position of judges are discussed. Finally, the author focuses on changes in criminal appeals filed with circuit courts and the Supreme Court, and the enforcement of judgments.