Questionnaire Estonia
I.17 On what main grounds can non-prosecution take place?
The main function of the prosecution service is, of course, to decide whether to prosecute or not. The prosecution service has monopoly over this procedural decision. In using this monopoly the prosecutor may terminate the case on technical grounds (Sect. 200 CCP). The technical grounds are: no grounds for criminal proceedings, the limitation period for the criminal offence has expired, amnesty precludes imposition of a punishment, the suspect or the accused is dead, the same person has been convicted on the same charges, or criminal proceedings have been terminated with regard to him or her (Sect. 199 CCP).
The prosecutor may also terminate the case for reasons of public interest (Sects. 201-205 CCP). Reasons of public interest can be the age of the offender, lack of public interest in proceedings and in case of minor guilt, non-proportionality of punishment, concerning crimes committed by foreign citizens or in foreign states and crimes against the state mainly aimed at increasing the speed of the proceedings in minor crime cases and by doing so enabling dedication of more resources to prosecuting serious crimes.
