ABSTRACT

Since the restoration of independence of the Republic of Estonia from the Soviet Union in 1991 there has been much development in criminal proceedings. Up to 2004 the pre-trial procedure and judicial proceedings were carried out under the Code of Criminal Practice. This was based on the Code of Criminal Process which was in force during the Estonian Socialist Soviet Republic but changed and corrected after declaring independence to conform to the principles of the state based on the rule of law. However, the Code was inquisitorial whereby the judicial proceedings were carried out mainly based on the criminal file from the pretrial procedure in which, for example, the statement of the suspect was viewed as independent evidence.