Summary

Preventive detention of the accused or the accused at trial (in exceptional cases, of a suspect) is a preventive measure applicable in criminal procedure. However, such detention involves restriction of the fundamental freedoms of a person and, therefore, should be applied with caution.
Although preventive detention is within the exclusive jurisdiction of the courts in Estonia, this does not ensure necessary protection of persons against arbitrary action by the state. The Constitution provides specific bases for deprivation of a person of liberty before a court judgment is rendered while the Code of Criminal Procedure does not provide precise criteria on the basis of which the courts may sanction preventive detention. Under the Code of Criminal Procedure, in such cases judges should make arbitrary decisions which need not be justified but may be appealed against. No appeals may be brought to the Supreme Court.
Further, the Code of Criminal Procedure does not enable attorneys to defend their clients in issues of preventive detention. Attorneys have the right to examine a preventive detention order issued by an investigator only after the court has rendered its judgment.