Summary

A criminal defence counsel is obliged to use all legally permissible means and methods to defend the interests of the person they represent during pre-trial proceedings. The duties of the criminal defence counsel in pre-trial criminal proceedings are regulated in the Code of Criminal Procedure, though in relatively concise terms. In addition to the Code of Criminal Procedure, the criminal defence counsel must adhere to the provisions of the Bar Association Act and the Code of Ethics of the Estonian Bar Association in their professional activities. Several questions relating to the role of the criminal defence counsel remain unanswered both in practice and theory.

This article examines the principles and requirements of the actions of criminal defence counsel in pre-trial proceedings. It particularly addresses the question of how the criminal defence counsel should exercise their rights during the pre-trial proceedings. Attention is also given to the obligations of the criminal defence counsel. Furthermore, the article clarifies the general boundaries of the legal advice that the criminal defence counsel may provide to the person they represent.