Questionnaire Estonia
I.26 In case of non-prosecution due to the expediency principle, who needs to give his consent?
As a rule the consent of the judge and the offender
is requested. Pursuant to sect. 202 CCP, consent of the judge is not necessary
when the object of criminal proceedings is a criminal offence in the second degree
for which the minimum rate of imprisonment is not prescribed as punishment or
only a pecuniary punishment is prescribed as punishment by the Special Part of
the Penal Code. In those cases the Prosecutor's Office can terminate the
criminal proceedings and impose obligations on the grounds specified in
subsections (1) and (2) of this section.
