Measure is possible in Estonia.
Measure can be applied only on suspect.
The measure is possible in proceedings conducted for crimes which is listed in Estonian Code of Criminal Procedure art 126-1.
Code of Criminal Procedure
§ 126-1. General conditions for conduct of surveillance activities
(1) Surveillance activities are permitted on the bases provided for in this Code if collection of data by other activities or taking of evidence by other procedural operations is impossible, is impossible on time or is especially complicated or if this may prejudice criminal proceedings in the case.
§ 126-2. Bases for conduct of surveillance activities
(1) The Police and Border Guard Board, the Security Police Board, the Tax and Customs Board, the Military Police and the Prisons Department of the Ministry of Justice and prisons (hereinafter surveillance agency) may conduct surveillance activities on the following bases:
1) a need to collect information about the preparation of a criminal offence for the purpose of detection and prevention thereof;
2) the execution of an order on declaring a person a fugitive;
3) a need to collect information in confiscation proceedings pursuant to the provisions of Chapter 161 of this Code;
4) a need to collect information in criminal proceedings about a criminal offence.
(2) On the basis of the provisions of clauses (1) 1) and 4) of this section, surveillance activities may be conducted in the event of criminal offences specified in §§ 89-931, 95-97, 99, 1001, 101-104, 106-108, 110-114, 116, 118 and 120, subsection 121 (2), §§ 133-137, 1381 and 141-146, § 1573, subsections 151 (2) and (4), subsection 161 (2), §§ 162, 163, 172-179, 183-185, 187-190, 194, 195, 199 and 200, subsections 201 (2) and (3), subsections 202 (2) and (3), §§ 204, 206-214, 2161-217, 2172, 222, 227, 231-238, 241, 243, 244, 246, 250, 251, 255 and 256, clause 258 2), §§ 259, 2591 and 263, subsections 266 (2) and (4), §§ 274, 2901, 291, 2911, 294, 296, 298-299, 300, 3001, 302, 303, 310-313 and 315-3161, subsection 321 (2), §§ 326-328, 331, 3313, 333-334, 335, 336, 340 and 347, subsections 356 (1) and (3), subsections 357 (1) and (3), subsections 361 (1) and (3), subsections 364 (2)-(3), §§ 375-3762, 384, 3891, 391, 393, 394 and 3941, subsections 398 (2) and (4), subsections 3981 (2) and (4), §§ 400, 4023, 4024, 403-407, 414-416, 418, 4181, 4211, 4212, 434, 435 and 437-439, subsections 440 (3) and §§ 446 and 449 of the Penal Code.
(3) On the basis of this Code, surveillance activities may be conducted in respect of the following persons:
1) on the basis specified in clause (1) 1) of this section in respect of the person in the case of whom there are serious reasons to believe that he or she commits the criminal offence specified in subsection (2) of this section;
2) on the basis specified in clause (1) 2) of this section in respect of the person who is declared to be a fugitive;
3) on the basis specified in clause (1) 3) of this section in respect of the person who owns or possesses the assets which are the object of confiscation proceedings;
4) on the basis specified in clause (1) 4) of this section in respect of the person who is a suspect in criminal proceedings or with respect to whom there is justified reason to believe that he or she has committed or commits the specified criminal offence.
(4) The surveillance activities conducted on the basis provided for in clauses (1) 2)-4) of this section may be also conducted in respect of the person with regard to whom there is good reason to believe that he or she interacts with the person specified in clauses (3) 2)-4) of this section, communicates information to him or her, provides assistance to him or her or allows him or her to use his or her means of communication, and if the conduct of surveillance activities in respect of such person may provide the data required for the achievement of the objective of the surveillance activities.
§ 126-4. Grant of permission for surveillance activities
(1) Surveillance activities may be conducted with a written permission of the Prosecutor’s Office or a preliminary investigation judge. The preliminary investigation judge shall decide the grant of permission by an order on the basis of a reasoned application of the Prosecutor’s Office. The preliminary investigation judge shall consider a reasoned request submitted by the Prosecutor’s Office without delay and grant or refuse to grant permission for the conduct of the surveillance activities by an order.
(2) In cases of urgency, surveillance activities requiring the permission of the Prosecutor’s Office may be conducted with the permission of the Prosecutor’s Office issued in a format which can be reproduced in writing. A written permission shall be formalised within 24 hours as of the commencement of surveillance activities.
(3) In the case of immediate danger to the life, physical integrity or physical freedom of a person or to proprietary benefits of high value and requesting a permission or execution thereof on time is impossible, surveillance activities requiring the permission of a court may be conducted, in cases of urgency, with the permission of the court issued in a format which can be reproduced in writing. A written application and permission shall be formalised within 24 hours as of the commencement of surveillance activities.
(4) A permission issued in cases of urgency in a format which can be reproduced in writing shall contain the following information:
1) the issue of the permission;
2) the date and time of issue of the permission;
3) surveillance activities for which the permission is issued;
4) if known, the name of the person with regard to whom the surveillance activities are conducted;
5) the term of the permission for surveillance activities.
(5) If covert entry into a building, premises, vehicle, enclosed area or computer system is necessary for conduct of surveillance activities or in order to install or remove technical appliances necessary for surveillance, the Prosecutor’s Office shall apply for a separate permission of a preliminary investigation judge for such purpose.
(6) The duration of surveillance activities conducted with respect to a specific person on the basis provided for in clauses 1262 (1) 1), 3) and 4) of this Code in the same proceedings must not exceed one year. In exceptional cases, the Prosecutor General may authorise or apply to a court for authorisation to conduct surveillance activities for more than one year. In a criminal case dealt with under Council Regulation (EU) 2017/1939, the relevant authorization is granted, or application made, by a European Prosecutor or a European Delegated Prosecutor.
General rules of admissibility of evidence will apply. The measure has to be taken according to law and international treaties.