Rights of a suspect in Estonia: what to do if the police summon you for questioning
In Estonia, a suspect (kahtlustatav) has the right to know what they are suspected of, to refuse to give a statement, to have defence counsel and to meet their counsel in private. A suspect who has been summoned must attend questioning but does not have to give a statement. Before questioning, it is worth taking advice from an attorney and deciding whether to say anything and, if so, what.
Who is a suspect?
A suspect is a person who has been detained on suspicion of a criminal offence, or a person against whom there is sufficient reason to suspect that they committed a criminal offence and who has been subjected to a procedural act. A suspect must be informed of their rights and obligations without delay and given the opportunity to make a statement about the suspicion. In cases provided by law, questioning may be postponed, for example to ensure that defence counsel or an interpreter can take part. A suspect always has the right to refuse to give a statement.
The summons shows in what capacity you are being called. The position of a witness differs from that of a suspect. A witness must, as a rule, give evidence, but the law provides for exceptions. For example, a witness may refuse to answer if the answers could incriminate them or a close relative named in the law. Certain close relatives also have the right to refuse to testify as a witness altogether. A suspect has the right to refuse to give a statement entirely.
What rights does a suspect have?
Among other things, a suspect has the right to:
- know the content of the suspicion and receive information on the general progress of the proceedings
- give a statement or refuse to give one
- know that their statements may be used to accuse them
- the assistance of an interpreter
- the assistance of defence counsel and to meet counsel in private
- be questioned in the presence of defence counsel
- submit evidence, requests and complaints
- examine the record of a procedural act and require that their comments be entered in it
- take part in the court hearing of an application to take them into custody
A suspect may request access to evidence that is important for clarifying the content of the suspicion and preparing the defence. The Prosecutor’s Office decides on access. Access to the evidence collected must be ensured no later than when the Prosecutor’s Office has declared the pre-trial proceedings completed and submitted the criminal file for examination in accordance with the law.
Under the Constitution of the Republic of Estonia, no one may be compelled to testify against themselves or their close relatives, and no one is required to prove their innocence.
Do you have to attend when summoned?
Yes. A suspect must appear when summoned by an investigative body, the Prosecutor’s Office or a court and take part in the procedural act. If a person fails to appear without good reason, they may be subject to compelled attendance (sundtoomine). If you cannot come at the set time, let the body that summoned you know straight away and agree on a new time.
The obligation to attend does not mean an obligation to speak. At the start of questioning, you must be told that you have the right to refuse to give a statement and that your statements may be used against you.
Should you stay silent or give a statement?
There is no single right answer. Sometimes clear and precise statements help to dispel a suspicion quickly. Sometimes it is wiser to find out more before giving a statement. Statements made at the first questioning are recorded and may later be used in the proceedings. If later statements differ from them, you may need to explain the inconsistencies. That is why the decision is best made consciously and preferably together with defence counsel.
Refusing to give a statement is a legal right. It is not an admission of guilt.
Defence counsel: who are they and when is counsel mandatory?
Defence counsel may take part in criminal proceedings from the moment a person becomes a suspect. You can choose defence counsel yourself or through another person. If you have not chosen counsel but ask for one to be appointed, or if the participation of counsel is mandatory by law, counsel is appointed by the body conducting the proceedings and the specific attorney is designated by the Estonian Bar Association. Appointed counsel is always an attorney. If you ask for counsel to be appointed, the body conducting the proceedings will explain to you the terms and procedure for paying appointed counsel and reimbursing costs.
The participation of defence counsel throughout the proceedings is mandatory, for example, if the suspect committed the act as a minor, cannot defend themselves because of a mental or physical disability or their defence is made difficult by it, is suspected of an offence punishable by life imprisonment, or has been held in custody for at least four months.
To learn more about the difference between an attorney and a lawyer and who can act as defence counsel, read the article what is the difference between a lawyer and an attorney in Estonia.
What happens if you are detained?
Without a court order taking them into custody, a person may be detained as a suspect for up to 48 hours, and a record of the detention is drawn up. Forty-eight hours is the maximum, not the usual length of detention. If the grounds for detention cease to exist, the person must be released immediately.
A detained person is informed of their rights and, as a rule, questioned without delay, but they have the right to refuse to give a statement. A detained person has the right to have at least one close person of their choice informed of the detention through the body conducting the proceedings. With the permission of the Prosecutor’s Office, notification may be temporarily postponed only if this is strictly necessary to prevent significant harm to the criminal proceedings.
If the Prosecutor’s Office considers it necessary to take the person into custody, it prepares an application and the detained person must be brought before a preliminary investigation judge within 48 hours of detention. Deprivation of liberty beyond 48 hours is only possible with the permission of a court.
You can read more about the limits of custody in the article limits of prolonged detention, in which the Supreme Court replaced the custody of a client of NAMM attorney-at-law Kristjan Tuul with electronic surveillance.
What should you do if you are summoned for questioning?
- Read the summons carefully. Check what the matter is, in what capacity you are being called, and when and where you need to go.
- Contact an attorney before the questioning. Defence counsel can help you understand the suspicion, assess the information available and decide whether to say anything at the questioning and, if so, what.
- Do not discuss what happened with other people involved and do not delete messages, files or other data. This could seriously worsen your position.
- Bring an identity document. If you have documents or other materials related to the matter, consult defence counsel before taking them with you or submitting them.
- Listen to the explanation of your rights and ask if anything is unclear. Ask for an interpreter if you need one.
- Read the record carefully before confirming it. If something has been recorded incorrectly or is missing, require that your comments be entered in the record.
When should you contact an attorney?
As early as possible, preferably before the first questioning. In a criminal case, decisions made at the start often have a major impact on the whole course of the proceedings.
Defence counsel can help you to:
- understand what you are suspected of and prepare for questioning
- decide whether and when to give a statement
- be by your side at questioning and other procedural acts
- request access to evidence and submit evidence, requests and complaints
- protect your interests if the Prosecutor’s Office applies to take you into custody
- assess whether termination of the proceedings or settlement proceedings (kokkuleppemenetlus) could be an option in your case
The sooner defence counsel becomes familiar with the matter, the more opportunities there are to protect your interests. See also NAMM’s criminal proceedings and defence practice area.
Frequently asked questions
Does staying silent mean I am guilty?
No. A suspect has a statutory right to refuse to give a statement, and under the Constitution no one may be compelled to testify against themselves. No one is required to prove their innocence.
Can I bring defence counsel to questioning?
Yes. A suspect has the right to be questioned in the presence of defence counsel and to meet counsel in private before the questioning.
What is the difference between a witness and a suspect?
A witness must, as a rule, give evidence but may refuse to answer if the answers could incriminate them or a close relative named in the law. A suspect has the right to refuse to give a statement entirely and the right to defence counsel. If, during questioning, the body conducting the proceedings acquires sufficient reason to suspect the witness of a criminal offence and they are subjected to a procedural act, they can no longer be treated as a witness in the same case. They must be guaranteed the rights of a suspect.
How long can the police detain me?
For no more than 48 hours without a court order taking you into custody. If the grounds for detention cease to exist earlier, the person must be released immediately. If the Prosecutor’s Office applies to take the person into custody, the detained person must be brought before a preliminary investigation judge within 48 hours.
This article reflects the law in force as of 28 April 2026.