Summary

The principle of enforcement by the state in the probation process is expressed by the legality principle in criminal procedure. The opposite of the legality principle is the settlement principle which covers exceptions from the legality principle and is aimed at the acceleration of a criminal proceeding. However, the two opposing principles exist side by side in criminal procedure.
The settlement principle originates from the Anglo-American law. In criminal procedure in Estonia, the settlement principle is manifested in two forms: institution of a criminal action by private individuals and a simplified procedure in force as of July 1996. Further, the Estonian Code of Criminal Procedure and Criminal Code contain several provisions allowing for certain freedom of judges in making procedural decisions (elements of settlement).
In the author’s opinion, Estonian lawyers consider settlement in criminal procedure necessary but think that its forms and elements need further elaboration.