{"id":197,"date":"2024-03-01T11:31:20","date_gmt":"2024-03-01T11:31:20","guid":{"rendered":"https:\/\/cbss.org\/bsr-trm\/?page_id=197"},"modified":"2024-09-11T08:38:16","modified_gmt":"2024-09-11T08:38:16","slug":"pre-trial-investigation-and-criminal-proceedings","status":"publish","type":"page","link":"https:\/\/cbss.org\/bsr-trm\/countries\/estonia\/pre-trial-investigation-and-criminal-proceedings\/","title":{"rendered":"Pre-trial investigation and criminal proceedings"},"content":{"rendered":"\n
\"\"<\/figure>
\n

Assistance available for the victim during the criminal procedure<\/h3>\n<\/div><\/div>\n\n\n\n

Victims of human trafficking have access to support from SIB throughout the criminal proceedings. The assistance measures include for instance support and counselling from victim support workers, legal counselling and support in interacting with the local government. In addition, victims can continue to receive the support after the proceedings have concluded. <\/p>\n\n\n\n

Victims have access to free legal aid for the duration of the court proceedings. The law enforcement authorities or a prosecutor are obliged to explain to victims their rights, the procedure and conditions for filing a civil action, and the procedure for accessing legal aid provided by the state.<\/p>\n\n\n\n

When the police conduct the investigation, they can minimize repeated questioning to avoid re-traumatizing the victim.  The Code of Criminal Procedure also gives us the opportunity for remote hearings and deposition of statements (\u00a7 69). The deposition of statements can be used for instance, if the victim has had to return to their country of origin.  <\/p>\n\n\n\n

\"\"<\/figure>
\n
Child<\/strong><\/strong><\/strong>ren<\/h5>\n\n\n\n

Investigations involving underage victims take a child-centred approach to prioritize and protect the child\u2019s best interests. All children involved in court proceedings are provided with legal representation to advocate for their rights and interests during the investigation. This ensures that decisions made regarding the child’s welfare consider their age, maturity, and specific circumstances.<\/p>\n\n\n\n

Child welfare authorities and social services are actively involved in providing support and assistance to underage victims of trafficking. This includes case management, access to social benefits, family support services, and assistance with reunification efforts where appropriate.<\/p>\n\n\n\n

Barnahus is a multi-disciplinary specialised centre that provide a child-friendly environment for the participation of children in criminal proceedings. The aim of Barnahus is to help sexually abused children and children who behave in a sexually abusive manner, following the Child Protection Act (\u00a7 29).<\/p>\n\n\n\n

Barnahus has only had a few cases where trafficking was suspected. However, the experience in interagency multidisciplinary collaboration at Barnahus can contribute to addressing child trafficking and providing help to children in need. <\/p>\n<\/div><\/div>\n\n\n\n

\"\"<\/figure>
\n

Protection of the victim during the criminal procedure<\/h3>\n<\/div><\/div>\n\n\n\n

The Criminal Procedure Code offers several protection possibilities for victims of THB. These include;<\/p>\n\n\n\n

    \n
  • Possibility to conduct remote hearings (\u00a7 69)<\/li>\n\n\n\n
  • Utilize the deposition of statements (\u00a7 691<\/sup>)<\/li>\n\n\n\n
  • Restrict public access to court hearings (\u00a7 12)<\/li>\n\n\n\n
  • Declare a witness or a victim anonymous by a ruling in order to ensure his\/her safety. In a court hearing a witness\/victim bearing a fictitious name shall be heard by telephone, using voice distortion equipment, if necessary (\u00a7 67)<\/li>\n\n\n\n
  • Victim has the right to receive information concerning taking into custody of a person suspected of a criminal offence and may request to be notified of the release of that person (\u00a7 38)<\/li>\n<\/ul>\n\n\n\n

    In addition, the Witness Protection Act contains measures for witness protection during the criminal proceedings and pre-trial investigation. The duration of witness protection depends on the degree of risk to the protected person and the conditions of the protection agreement and compliance with the conditions by the protected person. Witness protection is provided by the Police and Border Guard Board.<\/p>\n\n\n\n

    \"\"<\/figure>
    \n
    Child<\/strong><\/strong><\/strong>ren<\/h5>\n\n\n\n

    Child victims are presumed to require special protection in criminal proceedings. The child\u2019s situation is assessed and consequently a decision is made concerning which protection measures will be employed. The assessment includes, whether the interview of the child victim should be conducted in premises adapted for their special needs by a specialist trained officer.<\/p>\n<\/div><\/div>\n\n\n\n

    \"\"<\/figure>
    \n

    Receiving compensation<\/h2>\n<\/div><\/div>\n\n\n\n

    The procedure for applying for and receiving state compensation is provided for in the Estonian Victim Support Act (articles 35-57). <\/p>\n\n\n\n

    Victims of human trafficking, regardless of whether they have legal grounds to stay in Estonia, are entitled to receive compensation. <\/p>\n\n\n\n

    When a victim applies for compensation, it is important that they have reported the crime within 15 days of it taking place and that criminal proceedings have been initiated. The application for state compensation should be submitted to the Social Insurance Board within three years of the commission of the crime or the date of death of the victim.<\/p>\n\n\n\n

    To receive compensation, the victim must have suffered serious physical injuries or negative impacts on their mental health. An expert physician from SIB evaluates the connection between severe health damage and violent crime. <\/p>\n\n\n\n

    SIB makes a decision on the compensation payment within 30 days of the submission of the application. It may postpone the decision until a judgment is made by a county court about compensation from the offenders. However, SIB may decide to pay the compensation before this judgment if the applicant\u2019s right to compensation is clear and the applicant is in a difficult economic situation.<\/p>\n","protected":false},"excerpt":{"rendered":"

    Assistance available for the victim during the criminal procedure Victims of human trafficking have access to support from SIB throughout the criminal proceedings. The assistance measures…<\/p>\n","protected":false},"author":201,"featured_media":849,"parent":185,"menu_order":4,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-197","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages\/197","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/users\/201"}],"replies":[{"embeddable":true,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/comments?post=197"}],"version-history":[{"count":6,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages\/197\/revisions"}],"predecessor-version":[{"id":943,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages\/197\/revisions\/943"}],"up":[{"embeddable":true,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/pages\/185"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/media\/849"}],"wp:attachment":[{"href":"https:\/\/cbss.org\/bsr-trm\/wp-json\/wp\/v2\/media?parent=197"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}