Prokuratuuriseadus (ProkS)

§ 1. Prosecutor's office

(1) The prosecutor's office is a government agency within the area of government of the Ministry of Justice and Digital Affairs which participates in the planning of surveillance necessary to combat and detect criminal offences, directs pre-trial criminal procedure and ensures the legality and efficiency thereof, represents public prosecution in court and performs other duties assigned to the prosecutor's office by law.

(1¹) The prosecutor’s office is independent in the performance of its functions arising from law, and it acts pursuant to this Act, other Acts, and legislation issued on the basis thereof.

(2) The prosecutor's office is divided into the Office of the Prosecutor General and into district prosecutor's offices subordinate to it.

§ 2. Prosecutors

(1) Prosecutors are the prosecutors of the Office of the Prosecutor General and prosecutors of the district prosecutor's offices.

(2) Prosecutors shall be independent in the performance of their duties and act only pursuant to law and according to their conscience.

(3) A prosecutor may file an appeal with the Supreme Court to the extent authorised by the Prosecutor General or chief prosecutor in the specific criminal proceedings.

§ 3. Prosecutor General

(1) The Prosecutor General shall direct the prosecutor's office and perform other duties imposed on him or her by law.

(2) If the Prosecutor General is temporarily unable to perform his or her duties due to illness or other hindrance, the minister in charge of the policy sector shall designate a substitute for him or her from among the prosecutors of the Office of the Prosecutor General.

§ 4. Office of Prosecutor General

(1) The prosecutors of the Office of the Prosecutor General shall ensure the legality and efficacy of pre-trial procedure, represent public prosecutions in the courts and perform other duties imposed on them by law.

(2) The prosecutors of the Office of the Prosecutor General are the Prosecutor General, the chief state prosecutors, state prosecutors and assistant prosecutors.

(3) The Office of the Prosecutor General may be divided into departments, which shall be approved by the minister in charge of the policy sector. The Prosecutor General shall designate the state prosecutors and assistant prosecutors who belong to the departments.

(4) The territorial jurisdiction of the Office of the Prosecutor General covers the territory of the Republic of Estonia.

§ 4¹. Chief state prosecutors

(1) Chief state prosecutors direct the departments of the Office of the Prosecutor General and perform other duties imposed on them by law.

(2) Within their area of responsibility, chief state prosecutors have the right to issue orders to district prosecutor's offices.

(3) The Prosecutor General shall designate substitutes for chief state prosecutors from among the prosecutors of the Office of the Prosecutor General for the event of temporary inability of chief state prosecutors to perform their duties due to illness or other hindrance.

§ 5. District prosecutor's office

(1) The prosecutors of a district prosecutor's office shall ensure the legality and efficacy of pre-trial procedure, represent public prosecutions in the courts and perform other duties imposed on them by law.

(2) Prosecutors of a district prosecutor's office are the chief prosecutor, senior prosecutors, district prosecutors and assistant prosecutors.

(3) The seat and the territorial jurisdiction of a district prosecutor’s office is established by a regulation of the minister in charge of the policy sector. The work area of a prosecutor of a district prosecutor's office is the territorial jurisdiction of the district prosecutor's office.

(3¹) The Prosecutor General may, with the consent of the prosecutor, extend the area of work of the prosecutor outside the territorial jurisdiction of the district prosecutor's office.

(4) The district prosecutor's office may be divided into departments approved by the Prosecutor General. District prosecutors and assistant prosecutors in the department are appointed by the chief prosecutor. The chief prosecutor has the right to transfer a prosecutor from one department to another in the territorial jurisdiction of the same district prosecutor's office without organising a competition.

§ 5¹. Number of prosecutors

The minister in charge of the policy sector shall determine the number of prosecutors in the Office of the Prosecutor General and prosecutors in the district prosecutor's offices.

§ 5². Chief prosecutor

(1) Chief prosecutors direct district prosecutor's offices and perform other duties imposed on them by law.

(2) The Prosecutor General shall designate substitutes for chief prosecutors for the event of temporary inability of chief prosecutors to perform their duties due to illness or other hindrance.

§ 6. Senior prosecutor

(1) Senior prosecutors direct the departments of district prosecutor's offices and perform other duties imposed on them by law.

(2) A chief prosecutor shall designate substitutes for senior prosecutors from among the prosecutors of district prosecutor's offices for the event of temporary inability of senior prosecutors to perform their duties due to illness or other hindrance.

§ 7. Assistant prosecutor

(1) During the probationary period, an assistant prosecutor acts under the guidance of the Prosecutor General, chief state prosecutor, chief prosecutor, state prosecutor, senior prosecutor or district prosecutor.

(2) Assistant prosecutors may perform the duties imposed on prosecutors in court proceedings regarding criminal matters sent to court pursuant to the general procedure to the extent as to which higher ranking prosecutors have authorised them in specific criminal proceedings.

(3) Assistant prosecutors shall not be members of the prosecutors' competition committee or prosecutors' disciplinary committee.

§ 7¹. European Prosecutor

(1) A European Prosecutor is a person appointed from Estonia to the European Public Prosecutor's Office pursuant to Article 16(3) of Council Regulation (EU) 2017/1939 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, pp 1-71).

(2) A European Prosecutor shall not belong to the Estonian prosecutors’ service and is independent of the Estonian Prosecutor's Office in his or her activities.

(3) The provisions of this Act shall not apply to a European Prosecutor, unless otherwise provided by law.

§ 7². European Delegated Prosecutor

(1) A European Delegated Prosecutor is a person appointed from Estonia to the European Public Prosecutor's Office pursuant to Article 17 of Council Regulation (EU) 2017/1939. In the performance of the functions pursuant to the Regulation, a European Delegated Prosecutor shall be outside the Estonian prosecutor's service and independent of the Estonian prosecutor's office in his or her activities.

(2) A European Delegated Prosecutor may perform the functions of a national prosecutor based on a decision of the Prosecutor General insofar this does not prevent him or her from performing any functions arising from Council Regulation (EU) 2017/1939.

(3) In the performance of any functions arising from Council Regulation (EU) 2017/1939, the provisions of this Act shall not apply to a European Delegated Prosecutor, unless otherwise provided by law. In the performance of the functions of a national prosecutor, all the provisions of this Act apply to a European Delegated Prosecutor.

(4) A Delegated Prosecutor appointed from Estonia shall be appointed a state prosecutor for the term of office of the Delegated Prosecutor.

§ 8. Plan for division of duties

(1) After considering the opinion of the prosecutors of the Office of the Prosecutor General, the Prosecutor General shall determine their division of duties. A chief prosecutor shall determine the division of duties of prosecutors of a district prosecutor's office after considering the opinion of the prosecutors of the district prosecutor's office.

(2) Duties shall be divided according to type of criminal offence, offender or other general criteria. The procedure for the substitution of prosecutors shall also be determined in a plan for the division of duties.

(3) A plan for the division of duties may be amended only with compelling reason.

§ 9. Supervisory control

(1) The Ministry of Justice and Digital Affairs shall exercise supervisory control over the prosecutor's office. The supervisory control over the prosecutor's office exercised by the Ministry of Justice and Digital Affairs does not extend to the activities of the prosecutor's office in planning of surveillance, pre-trial criminal proceedings and representing of public prosecution in court.

(2) The Prosecutor General shall exercise supervisory control in the prosecutor's office, and chief prosecutors shall exercise supervisory control in district prosecutor's offices.

(3) Persons exercising supervisory control have the right to demand explanations and information from prosecutors under their supervisory control.

(4) No supervisory control shall be exercised pursuant to this section over a European Delegated Prosecutor, if his or her activities are connected to performance of the functions arising from Council Regulation (EU) 2017/1939.

§ 10. Substitution

A superior prosecutor may, in criminal proceedings, replace a subordinate prosecutor outside the scope of the task distribution plan or require another subordinate prosecutor, who must not be a subordinate to the prosecutor being replaced, to do so, or assign the criminal case to the jurisdiction of another prosecutor.

§ 11. Reporting

(1) The Prosecutor General shall submit a consolidated activity report of the prosecutor's office to the minister in charge of the policy sector once a year. The term for submission of the reports and the requirements for the reports shall be established by a directive of the minister in charge of the policy sector.

(2) The Prosecutor General shall present to the Constitutional Committee of the Riigikogu each year at the spring session of the Riigikogu an overview of the performance of the duties imposed on the prosecutor's office by law during the previous calendar year.

(3) In addition to the regular reports specified in subsections 1 and 2 of this section, the Prosecutor General may submit to the Constitutional Committee of the Riigikogu reports concerning significant issues which have an extensive effect or need prompt settlement and which become known in the course of the activities of the prosecutor's office.

§ 11¹. Administration department

(1) For the performance of administrative functions, an administration department may be formed in the prosecutor's office, which shall be approved by the minister in charge of the policy sector.

(2) An administration department shall be directed by the director of administration.

§ 12. Statutes of Prosecutor's Office

The minister in charge of the policy sector shall approve the statutes of the prosecutor's office.

§ 13. Prosecutors' Assembly

(1) The Prosecutors' Assembly is a meeting of all prosecutors, which shall be convened at least once a year.

(2) The Prosecutors' Assembly shall:

1) elect two prosecutors from district prosecutor's offices and one prosecutor from the Office of the Prosecutor General as members of the prosecutors' competition committee;

2) elect a total of two prosecutors from district prosecutor's offices, and two prosecutors from the Office of the Prosecutor General as members of the disciplinary committee;

2¹) elect a member of the professional suitability assessment committee of the Estonian Bar Association who is a Prosecutor and his or her alternate member;

3) approve the procedures of the Prosecutors' Assembly;

4) hear reports of the minister in charge of the policy sector and the Prosecutor General concerning the activities of the prosecutor's offices;

5) consider issues concerning the activities of the prosecutor's offices and prosecutors' service and make proposals for the resolution thereof.

(3) The Prosecutor General shall convene the Prosecutors' Assembly and direct its activities.

(4) The Prosecutors' Assembly and voting at it may also take place by electronic means in part or in full.

§ 14. Application of Public Service Act in respect of prosecutors

The provisions of the Public Service Act apply to prosecutors' service unless otherwise provided by this Act.

§ 15. Requirements for prosecutors

(1) A citizen of the Republic of Estonia with active legal capacity who has attained at least 21 years of age may be appointed as a Prosecutor provided that he or she:

1) has acquired in the field of law at least an officially certified Master's degree, a corresponding qualification for the purposes of subsection 2 ² of § 28 of the Republic of Estonia Education Act or a corresponding foreign qualification;

2) has proficiency of the Estonian language at the level C1 provided for by the Language Act or a corresponding level;

3) is of high moral character;

4) has the abilities and personal characteristics necessary for working as a prosecutor.

(2) The following shall not be appointed as a prosecutor:

1) a person in respect of whom a conviction for an intentionally committed criminal offence has entered into force;

2) a person who has been released from the public service for a disciplinary offence;

3) a person who has been disbarred from the Estonian Bar Association or expelled from the notarial profession;

4) a person who is a spouse, registered partner, cohabitee or grandparent of a person who exercises direct control over the position of or of an immediate superior of a prosecutor, or who is a parent or a relative in descending line of the person exercising direct control over the position of or immediate supervisor of a prosecutor or their spouse, registered partner or cohabitee, including a child and grandchild, whereas an adopting parent and foster parent are also deemed to be a parent and an adopted child and foster child are also deemed to be a relative in the descending line, and the above specified restriction also applies to filling of the position of a person exercising direct control over the position of or immediate supervisor of a prosecutor;

5) a person who due to his or her state of health is unable to work as a prosecutor. In the case of doubt, a medical committee shall determine the state of health of a person.

(3) A person who has been employed for one year as a prosecutor or for three years as a judge, police officer, sworn advocate or in another position which requires in-depth knowledge of penal law and procedure may be appointed as a district prosecutor.

(5) A person who has been employed as a judge, prosecutor, police officer or sworn advocate for three years before appointment to office may be appointed as a chief prosecutor or senior prosecutor.

(6) A person who has been employed in a position which requires high qualification in law for at least two years may be appointed as a chief state prosecutor and a state prosecutor.

(8) A person who is an experienced and recognised lawyer and has sufficient managerial experience to perform the service duties may be appointed as the Prosecutor General.

§ 15¹. Scrutiny of background of persons applying for prosecutor's service

(1) A person who applies for prosecutor's service shall submit the following to the prosecutors' competition committee:

1) the form concerning personal data;

2) declaration of interests conforming to the requirements provided for in the Anti-corruption Act as at the first day of the month preceding the application.

(1¹) The following personal data may be processed for the purpose of a background check:

1) general data of the person and the time when the contact data was taken into use;

2) previous names of the person;

3) data of the identity document;

4) data of social media accounts;

5) data on family ties with the persons listed in subsection 2 of this section;

6) data on the penalties imposed on the person;

7) data on whether the person was or is a suspect or accused;

8) data from public sources on the reliability, ethics and moral character of the person;

9) employment data for the last five years;

10) involvement of the person in economic activities;

11) involvement of the person in a non-profit association and other non-profit organisation or association whose activities are directed against public order and national security;

12) data on a person's addiction disorders;

13) data from the criminal records archive;

14) data collected in the course of surveillance that enable verification of the compliance of the person with the requirements provided by law;

15) data on the reliability and moral characteristics of the person received from employers and educational institutions over the past five years and data collected in the course of the service;

16) data on the person's education starting from preschool education;

17) data on the person's crossings of the external borders over the past five years into countries entered in the list established on the basis of subsection 3 of § 19 of the State Secrets and Classified Information of Foreign States Act and subject to the notification obligation specified in subsection 2 of the same section.

(2) In the personal data questionnaire, the applicant also indicates the given names and surname, personal identification code (in the absence of a personal identification code, the date and place of birth), place of work and contact details of their spouse, relatives and relatives by marriage (parents, foster parents, sisters, brothers, children, and foster children; the parents, sisters, brothers, and children of their spouse or domestic partner, provided they are not shared children or foster children, registered partner, former spouse, former registered partner, and persons under guardianship or care), as well as the place of employment and contact details of their permanent domestic partner.

(2¹) Data collected during a background check are retained for five years from the application for the prosecutors’ service or for a person recruited for the service, for five years after they leave the service.

(3) The detailed composition and form of the questionnaire used to assess persons who apply for prosecutor's service shall be approved by the minister in charge of the policy sector.

(4) In order to verify the information submitted pursuant to the provisions of subsection 1 of this section, the Prosecutor General and officials of the prosecutor's office authorised by him or her have the right to:

1) address local government agencies, officials of local governments, legal persons and natural persons by inquiry concerning the personal data of a person applying for prosecutor's service;

2) interview the person indicated in the form concerning personal data, and with employers, representatives of educational institutions and other persons in order to ascertain the moral character and other personal characteristics of the person and if necessary, obtain a written explanation from the interviewed person with his or her permission;

3) ascertain whether the persons specified in subsection 2 of this section participate in a criminal proceeding as the suspect or the accused;

4) examine the data obtained by surveillance activities;

5) make a query to the database of another controller;

6) use public sources.

(5) An agency or person who receives the inquiry specified in this section shall immediately answer the inquiry.

(6) The prosecutors' competition committee shall immediately inform a person applying for prosecutor's service of the scrutiny conducted with regard to his or her background and enable to examine the materials gathered in the process of the checks.

(7) If a person who applies for prosecutor's service intentionally presents incorrect data to the prosecutors' competition committee or conceals material information, such person is excluded from the competition by resolution of the prosecutors' competition committee.

(8) The prosecutor's office may restrict the rights of persons who apply for prosecutor’s service arising from Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, pp 1–88) where this is required in order to prevent, detect, proceed an offence or enforce a penalty, prevent any damage to the rights and freedoms of another person or data subject, prevent endangering of national security or ensure maintenance of public order. The restrictions of the data subject remain in force for as long as they are necessary to fulfil the purposes provided in this subsection.

(9) Pursuant to subsection 8 of this section, the following rights of data subject arising from Regulation (EL) 2016/679 of the European Parliament and of the Council may be restricted:

1) the right to know that their personal data are processed, including what personal data are processed, and the way, method, objective, legal basis, extent or cause of processing;

2) the right to know the recipients of their personal data and categories of personal data disclosed and information about whether their personal data are transmitted to foreign countries or international organizations;

3) the right to demand restrictions on processing of their personal data;

4) the right to object to processing of their personal data;

5) the right to know about breaches related to their personal data.

(10) Subsection 8 of this section applies provided that the prosecutor's office:

1) documents all the reasons for the restriction imposed on the basis of subsection 8 of this section;

2) implements appropriate measures to protect the rights and freedoms of the data subject;

3) implements all relevant and appropriate security measures provided in Article 32 of Regulation (EU) 2016/679 of the European Parliament and of the Council and does not retain the data in a personalised form for longer than is necessary for the purpose provided in this section;

4) implements relevant and appropriate measures, ensuring that the data are not processed for any purpose other than the fulfilment of the purpose provided in this section.

§ 16. Appointment of prosecutors to office

(1) The Government of the Republic shall appoint the Prosecutor General to office on the proposal of the minister in charge of the policy sector after considering the opinion of the Legal Affairs Committee of the Riigikogu.

(2) The minister in charge of the policy sector shall appoint the chief state prosecutor, state prosecutor or chief prosecutor to office on the proposal of the Prosecutor General.

(3) The Prosecutor General shall appoint senior prosecutors to office on the proposal of chief prosecutors.

(5) A district prosecutor and assistant prosecutor are appointed to office by the Prosecutor General on the proposal of the prosecutors' competition committee.

(6) A person may be appointed as the Prosecutor General or a chief prosecutor if he or she gives written consent for such appointment.

(7) A person shall not be appointed as a prosecutor if he or she does not meet the requirements for prosecutors. A decision not to appoint a person as a prosecutor shall be justified.

§ 16¹. Transfer of prosecutors

(1) The minister in charge of the policy sector has the right to transfer, without a public competition, a chief state prosecutor, chief prosecutor or state prosecutor on the basis of his or her written application to a position of a lower prosecutor to be filled by way of public competition.

(2) The Prosecutor General has the right to transfer, on the basis of their written application, a senior prosecutor or a district prosecutor without a public competition to a lower-level prosecutor position that is usually filled by way of a public competition.

(3) The Prosecutor General has the right, with their consent, to transfer a district prosecutor or assistant prosecutor to the same position in another prosecutor's office without a public competition.

(4) If a prosecutor is transferred from one service area to another, the expenses arising from change of residence may be compensated to the prosecutor within two months after moving to the new service area.

(5) The procedure for compensation for expenses specified in subsection 4 of this section shall be established by a regulation of the minister in charge of the policy sector.

§ 17. Prosecutors' term of office

(1) The Prosecutor General is appointed to office for a term of seven years. A person may not be appointed as the Prosecutor General for a second consecutive term of office.

(1¹) A chief prosecutor, chief state prosecutor and senior prosecutor are appointed to office for a term of five years.

(2) A state prosecutor, district prosecutor and assistant prosecutor are appointed to office for an indefinite period of time.

(3) A substitute for a state prosecutor, district prosecutor and assistant prosecutor are appointed to office for a specified term until the substituted person returns to office or until the substituted person is released from office. A substitute for a state prosecutor, district prosecutor or assistant prosecutor may, with their consent, be appointed, without a public competition, to the same or a lower-level vacant prosecutor position for an unspecified period of time during the period of substitution and within one year after the end of the substitution.

§ 18. Public competition

(1) A district prosecutor and an assistant prosecutor are appointed to office on the basis of a public competition.

(2) A public competition for the positions of a district prosecutor and an assistant prosecutor is announced in the official publication Ametlikud Teadaanded by the Prosecutor General who has the right to appoint the prosecutor to office. Candidates must be given at least two weeks from the date of publication of the notice to submit an application.

(3) The Prosecutor General, chief state prosecutors, state prosecutors, chief prosecutors and senior prosecutors may be appointed to office without a public competition.

(3¹) A person who complies with the requirements established for the performance of the functions, has served for at least three years as an attorney-at-law, judge, judge of the European Court of Justice, the European Court of Human Rights, or the General Court of the European Union, or as the Chancellor of Justice, as well as in the position specified in subsection 3 of this section, and who wishes to join the prosecutor’s service within five years after ceasing to hold the above specified position may be appointed to the position of prosecutor without organizing a public competition.

(3²) Up-to-date information on a vacant or soon-to-be vacant post must be posted on the central websites of the prosecutor's office and the civil service.

§ 19. Assessment of participants in public competition

(1) The prosecutors' competition committee shall assess the suitability of an applicant for a position.

(2) If a prosecutor applies for a vacant position, the prosecutor to whom the applicant is directly subordinate shall present a reasoned opinion on the applicant to the prosecutors' competition committee.

§ 21¹. Prosecutor's probationary period

(1) Upon appointment to office of a prosecutor, a probationary period applies as follows:

1) one year to the assistant prosecutor;

2) two years to the district prosecutor and state prosecutor.

(2) The prosecutors' competition committee may make a proposal to the Prosecutor General or through the Prosecutor General to the minister in charge of the policy sector to release a prosecutor from the probationary period applied to the prosecutor or to shorten the probationary period.

(3) Due to unsatisfactory results during the probationary period, the prosecutor is released from service or the Prosecutor General appoints a district prosecutor to a position of a lower-level prosecutor without a public competition. In the case of the state prosecutor, the Prosecutor General may make a proposal to the minister in charge of the policy sector to transfer the state prosecutor to a lower-level prosecutor position.

§ 22. Salary

(1) The salary of the Prosecutor General is provided for in the High-Ranking State Public Servants Salaries Act.

(2) The salary of prosecutors, except for the Prosecutor General and assistant prosecutor, shall be determined as a percentage of the salary of the Chief of the Prosecutor General as follows:

1) chief state prosecutor – the salary is 95 percent of the salary of the Prosecutor General;

2) chief prosecutor – the salary is 90 percent of the salary of the Prosecutor General;

3) state prosecutor – the salary is 80 percent of the salary of the Prosecutor General;

4) senior prosecutor – the salary is 75 percent of the salary of the Prosecutor General;

6) district prosecutor – the salary is 70 percent of the salary of the Prosecutor General.

(3) The salary of an assistant prosecutor may not exceed the salary of a district prosecutor and be less than 60 percent of the salary of a district prosecutor after a probationary period.

(4) The Prosecutor General may increase the salary of prosecutors employed by the Viru District Prosecutor's Office in Ida-Viru County by up to 20 per cent.

(5) The increase of the salary prescribed in subsection 4 of this section is decided by the Prosecutor General separately for each prosecutor.

(6) The Prosecutor General, being guided by the principles provided for in the Public Service Act, may determine a performance pay to a prosecutor as a variable salary on the basis of established criteria for a specific job or a period, a bonus for exceptional service achievements or additional remuneration for the performance of supplementary service duties. No variable salary shall be paid to the Prosecutor General.

(7) The basis for determining a performance pay is the assessment given to the work results of the prosecutor.

(8) The basis for determination of a performance pay may also be the assessment given to the work of the agency or any structural entity thereof which takes into consideration the collective contribution to the upon achievement of the objectives of the agency. The performance of the agency or any structural entity thereof upon achievement of the objectives shall be assessed by the Prosecutor General.

(9) Supplementary service duties shall be deemed to include the service duties entrusted to a prosecutor by the Prosecutor General, prosecutor's direct superior or head of structural entity but not specified in the division of duties.

(10) The terms and conditions of and procedure for payment of prosecutors’ variable salaries and the grounds for formation of the salaries of assistant prosecutors shall be established in the salary guide for prosecutor’s offices. The salary guide shall be established by a directive of the minister in charge of the policy sector.

§ 22¹. Prosecutor's holiday

(1) Prosecutors have the right to receive an annual holiday.

(2) A prosecutor's holiday lasts 35 calendar days.

(4) The Prosecutor General shall approve the holiday schedule of prosecutors in the Office of the Prosecutor General and a chief prosecutor shall approve the holiday schedule of prosecutors in a district prosecutor's office.

(5) The Prosecutor General and a chief prosecutor may, based on the interests of work management, establish restrictions on the length of holiday and time of holiday taken at a time. In such case, the duration of one continuous part of holiday must be at least 14 calendar days and, at the request of the prosecutor, 21 calendar days. The duration of other parts of the holiday may be shorter.

§ 22². On-call time

(1) On-call time is the time during which a prosecutor shall be available outside of working time for the performance of unforeseeable or urgent duties.

(2) On-call time specified in subsection 1 is considered part of rest time. Upon implementation of on-call time, the provisions of § 48 the Employment Contracts Act shall not apply to a prosecutor.

(3) Additional remuneration of up to ten per cent of the prosecutor's salary shall be paid for on-call time. The procedure for and cases of payment of additional remuneration shall be established by a regulation of the minister in charge of the policy sector.

(4) The duration of on-call time shall not exceed 250 hours per month without the consent of the prosecutor.

(5) The portion of on-call time during which the prosecutor performs his or her duties is considered his or her working time. In such case the requirement provided for in §§ 51 and 52 of the Employment Contracts Act concerning consecutive rest periods shall not apply to the prosecutor.

§ 22³. Representation expenses of Prosecutor General

The Prosecutor General shall be paid 20 percent of his or her salary on monthly basis for representation expenses.

§ 22⁴. Part-time work as prosecutor

(1) The Prosecutor General, with the consent of the chief prosecutor or chief state prosecutor, allows the state prosecutor, district prosecutor and assistant prosecutor to work on a part-time basis:

1) during the raising of a child under three years of age;

2) in the case of partial work ability;

3) while caring for a family member.

(2) The Prosecutor General may, with the consent of the chief prosecutor or chief state prosecutor, allow a prosecutor to work on a part-time basis for up to one year also in a case not specified in subsection 1 of this section.

(3) An application for part-time work is submitted to the chief prosecutor or the chief state prosecutor at least one month before the desired start of part-time work. The application states the reason for and duration of part-time work. The application is accompanied by documents confirming the facts on which the application is based.

(4) When working part-time on the basis specified in this section, the prosecutor's salary is reduced proportionally to the workload.

(5) The part-time work of a prosecutor is formulated in a decree of the Prosecutor General. The decree must contain data on the workload of the prosecutor, the time period during which the prosecutor works part-time and the amount of their salary when working part-time.

§ 23¹. Application of incentive

The Prosecutor General shall apply incentives with regard to prosecutors.

§ 24. Compensation for proprietary damage

The state shall compensate a prosecutor and his or her family members for any proprietary damage which they suffer during the performance of the duties of the prosecutor.

§ 24¹. Removal from office due to reduction in number of prosecutors

(1) A prosecutor who has been released from office due to a reduction in the number of prosecutors is paid the three-month salary of the last position as compensation, which does not include an increase in accordance with subsection 4 of 22 of this Act.

(2) Where a higher-level prosecutor is appointed as a lower-level prosecutor due to a reduction in the number of prosecutors with their consent, they retain the salary of their previous position during six months together with additional fees.

§ 28. Obligation of professional secrecy

A prosecutor shall not disclose information which becomes known to him or her in connection with the performance of his or her duties if this may prejudice the administration of justice. The obligation of professional secrecy has an unspecified term.

§ 29. Duty to supervise

(1) Prosecutors are required to supervise trainees on the orders of the Prosecutor General or chief prosecutors.

(2) No prosecutor shall be required to supervise more than one trainee at a time.

§ 30. Restrictions on activities

(1) A prosecutor shall not be a member of a political party.

(2) The Prosecutor General shall not be in any elected or appointed office outside his or her official duties. The Prosecutor General shall immediately inform the minister in charge of the policy sector in writing if he or she acts or intents to act outside his or her official duties based on a contract of employment or contract for provision of services as an undertaking or a general partner in a general or limited partnership or a member of the management or controlling body of a legal person. Official duties for the purposes of this section have the meaning assigned to them in the Anti-corruption Act.

(3) The minister in charge of the policy sector prohibits, by an administrative decision, the Prosecutor General to engage, in full or in part in any ancillary activity specified in subsection 2 of this section where the volume or nature of the labour used for the ancillary activity impedes the regular performance of functions or the ancillary activities result in a breach of the duties.

§ 31. Disciplinary offences and disciplinary penalties

(1) A disciplinary penalty may be imposed on a prosecutor for a disciplinary offence.

(2) Disciplinary offences are:

1) wrongful non-performance or unsatisfactory performance of duties;

2) indecent act – a wrongful act which is in conflict with the generally recognised moral standards or which discredits the prosecutor or the prosecutor's office, regardless of whether such act is committed in the performance of duties or not.

(3) Disciplinary penalties are:

1) reprimand;

3) reduction of salary by up to 30% for up to one year;

3¹) transfer to a lower-level prosecutor position for up to two years;

4) release from service.

§ 31¹. Limitation period of disciplinary offence

(1) Disciplinary proceedings are not be initiated where two years have passed from the commission of the disciplinary offence or six months have passed from the discovery thereof.

(2) The time provided forth in subsection 1 of this section is suspended:

1) until the end of the criminal proceedings initiated in respect of the prosecutor's act;

2) for the period of temporary incapacity for work and leave of the prosecutor.

§ 32. Initiation of disciplinary proceedings

(1) Disciplinary proceedings shall be initiated if elements of a disciplinary offence become evident. An interested person may submit an application for the initiation of disciplinary proceedings. An application for the initiation of disciplinary proceedings shall be submitted within six months after the date on which the person submitting the application became or should have become aware of the circumstances on which the application was based.

(2) Disciplinary proceedings shall be initiated at the request of an interested person or on their own initiative by:

1) the minister in charge of the policy sector against the Prosecutor General, chief state prosecutor or chief prosecutor;

2) the Prosecutor General against all prosecutors;

3) a chief prosecutor against the prosecutors of a district prosecutor's office subordinate to him or her.

(2¹) The decree or order to commence disciplinary proceedings is delivered to the prosecutor suspected of committing the disciplinary offence without delay.

(3) In the case specified in clause 1 of subsection 2 of this section, the minister in charge of the policy sector may determine upon initiation of the disciplinary proceedings that the minister in charge of the policy sector shall hear the disciplinary offence.

§ 32¹. Disciplinary liability of European Delegated Prosecutor

(1) Disciplinary proceedings may be conducted with respect to a European Delegated Prosecutor.

(2) If the need to initiate disciplinary proceedings is related to performance by a European Delegated Prosecutor of the functions of a national prosecutor, the Prosecutor General shall inform the European Chief Prosecutor before initiating the proceedings.

(3) If the need to initiate disciplinary proceedings is related to performance of the functions by a European Delegated Prosecutor arising from Council Regulation (EU) 2017/1939, there must be a consent of the European Chief Prosecutor for initiation of disciplinary proceedings, including in the case the disciplinary proceedings are initiated after removal of the European Delegated Prosecutor from the European Public Prosecutor's Office.

§ 33. Preliminary processing of disciplinary offence

(1) A person who initiates disciplinary proceedings shall conduct the preliminary processing of the disciplinary offence. The minister in charge of the policy sector may assign the task of conducting the preliminary processing of disciplinary proceedings initiated by the minister in charge of the policy sector against a chief state prosecutor or a chief prosecutor to the Prosecutor General.

(2) A person who conducts the preliminary processing of a disciplinary offence may gather evidence and demand explanations which are necessary to adjudicate the disciplinary matter. It is compulsory to demand explanations from the prosecutor against whom disciplinary proceedings are initiated.

(2¹) A prosecutor who is suspected of committing a disciplinary offence must be given the opportunity to submit a written explanation concerning the disciplinary offence. For this purpose, the prosecutor is given at least five working days from the date of delivery of the decree or order specified in subsection 2¹ of § 32 of this Act.

(3) The person conducting the preliminary processing of a disciplinary offence may assign the task of gathering evidence and demanding explanations to a prosecutor designated by such person. The task cannot be assigned to a prosecutor who is a member of the prosecutors' disciplinary committee, a prosecutor against whom the disciplinary proceeding is initiated or prosecutors subordinate to him or her.

§ 34. Suspension of prosecutor

(1) A person who conducts preliminary processing of a disciplinary offence may suspend the prosecutor for the time of the disciplinary proceedings.

(2) Suspension shall be formalised in an administrative act.

(3) A prosecutor shall be paid 60 percent of his or her average salary for the last six months during the period when the prosecutor is suspended on the basis of subsection 1 of this section, but not less than the minimum salary established on the basis of subsection 5 of § 29 of the Employment Contracts Act. If the guilt of a prosecutor is not proved to the extent which would result in release from service and he or she is not punished under disciplinary procedure by release from service, the outstanding salary shall be paid to him or her retroactively.

§ 35. Disciplinary charge

(1) If, in the course of preliminary processing of a disciplinary offence, all the necessary evidence and explanations have been collected, a person who conducts the preliminary processing of the disciplinary offence or a prosecutor designated thereby shall prepare a disciplinary charge.

(2) A disciplinary charge is a written document, which shall set out:

1) the given name, surname and title of the prosecutor charged with a disciplinary offence;

2) the description and time of commission of the offence;

3) the evidence proving commission of the offence;

4) the person conducting the preliminary processing of the disciplinary offence and the name and position of the person who prepared the charge;

5) the date and place of preparation of the charge.

(3) The person conducting the preliminary processing of the disciplinary offence shall submit the disciplinary charge to the disciplinary committee or in the case specified in subsection 3 of § 32 of this Act to the minister in charge of the policy sector.

§ 36. Hearing of disciplinary offence

(1) The prosecutors' disciplinary committee or in the cases specified in subsection 3 of § 32 of this Act the minister in charge of the policy sector shall hear a prosecutor's disciplinary offence.

(2) If it is necessary to gather supplementary evidence, the person hearing the disciplinary offence shall defer the hearing of the disciplinary offence, determine the time and place of the next session and assign the task of gathering supplementary evidence to the person conducting the preliminary processing of the disciplinary offence or the person who prepared the charge.

(3) The disciplinary committee shall comprise two prosecutors of the Office of the Prosecutor General, two prosecutors from district prosecutor's offices and one judge elected by the Court en banc. The disciplinary committee shall be elected for three years. The disciplinary committee shall elect the chairman of the disciplinary committee from among its members who are prosecutors.

(4) The minister in charge of the policy sector shall establish the procedures of the disciplinary committee by a regulation.

§ 37. Preparation for session of disciplinary committee

(1) The chairman of the disciplinary committee or in the cases specified in subsection 3 of § 32 of this Act the minister in charge of the policy sector shall determine the time and place of the session of the disciplinary committee.

(2) The person who conducts the preliminary processing of the disciplinary offence and the person having prepared the charge and the prosecutor charged shall be invited to the session. In the case an assistant prosecutor is charged with a disciplinary offence, his or her supervising prosecutor shall also be invited to the session of the disciplinary committee.

§ 38. Right to examine disciplinary charge materials

(1) The prosecutor charged with a disciplinary offence shall be given the disciplinary charge at least three days before the session of the disciplinary committee is held.

(2) The prosecutor charged with a disciplinary offence has the right to examine the materials of the disciplinary charge. The materials of a disciplinary charge brought against an assistant prosecutor may also be examined by his or her supervising prosecutor.

§ 39. Session of disciplinary committee

(1) The disciplinary committee shall consider a disciplinary offence in a closed session.

(2) The disciplinary committee has the capacity to exercise will if at least three members of the disciplinary committee, including the chairman, participate in the session.

(3) The chairman of the disciplinary committee shall chair sessions of the disciplinary committee.

(4) A member of the disciplinary committee cannot participate in the consideration of the disciplinary charge brought against him or her.

§ 40. Decision of disciplinary committee upon hearing of disciplinary offences

(1) By a decision of the disciplinary committee, a proposal to impose or not to impose a disciplinary penalty shall be made to the minister in charge of the policy sector or the Prosecutor General, or the disciplinary proceeding shall be terminated if there was no disciplinary offence.

(2) The disciplinary committee shall make a decision by a simple majority of the members of the disciplinary committee participating in the session. If the votes are divided equally, the chairman of the disciplinary committee shall cast the deciding vote.

§ 41. Decision of minister in charge of the policy sector upon hearing of disciplinary offences

(1) In the case specified in subsection 3 of § 32 of this Act, the minister in charge of the policy sector shall impose a disciplinary penalty or decide not to impose a disciplinary penalty or terminate the disciplinary proceeding if there was no disciplinary offence. In the case of a decision to release the Prosecutor General from service as a disciplinary penalty, the minister in charge of the policy sector shall make such proposal to the Government of the Republic and shall not impose a disciplinary penalty himself or herself.

(2) The minister in charge of the policy sector shall make the decision alone.

§ 42. Imposition and contestation of disciplinary penalty

(1) The following persons have the right to impose disciplinary penalties on a prosecutor:

1) the minister in charge of the policy sector to a prosecutor appointed to office by the Government of the Republic or minister in charge of the policy sector;

2) the Prosecutor General on the proposal of the prosecutors' disciplinary committee on all prosecutors.

(2) The Prosecutor General does not have the right to impose release from the service as a penalty to prosecutors appointed to office by the minister in charge of the policy sector.

(3) The imposition of disciplinary penalties or the making of the proposal specified in subsection 2 of § 41 of this Act shall take place within one month after making of the decision.

(4) The Government of the Republic shall decide the release of the Prosecutor General from service as a disciplinary penalty on the proposal of the minister in charge of the policy sector within one month after considering the opinion of the Legal Affairs Committee of the Riigikogu.

(5) Imposing of a disciplinary penalty may be contested in an administrative court.

§ 43. Prosecutors' competition committee

(1) The prosecutors' competition committee shall evaluate persons applying for the position of prosecutor if the position is filled by way of a public competition.

(2) The prosecutors' competition committee shall comprise the Prosecutor General, one prosecutor from the Office of the Prosecutor General, two prosecutors from district prosecutor's offices, one judge elected by the Court en banc, a jurist designated by the Dean of the Law Faculty of the University of Tartu and an official of the Ministry of Justice and Digital Affairs designated by the minister in charge of the policy sector. The term of authority of the members of the prosecutors' competition committee, excluding the Prosecutor General and an official of the Ministry of Justice and Digital Affairs, shall be three years.

(3) The Prosecutor General shall be the chairman of the prosecutors' competition committee.

(4) The prosecutors' competition committee has a quorum if at least five members of the committee, including the chairman, participate in the session.

(5) The Office of the Prosecutor General shall manage the operations of the prosecutors' competition committee.

(6) Members of the prosecutors' competition committee must not disclose any circumstances or information which they became aware of in connection with the activities of the completion committee, including any personal data. The obligation to maintain confidentiality has an unspecified term.

§ 44. Requirements for organisation of competition

The minister in charge of the policy sector shall establish the requirements for organisation of competition.

§ 44¹. Prosecutor's performance assessment interview

A performance assessment interview is held by a prosecutor's direct superior with a prosecutor immediately subordinate to him or her on the bases and pursuant to the procedure provided for in the Public Service Act.

§ 45. Release from service at own request

A prosecutor may be released from service at his or her own request.

§ 47¹. Dismissal from service due to unsuitability for position

(1) A prosecutor may be released from service on the basis of § 92 of the Civil Service Act where their knowledge and skills do not meet the requirements established for the position.

(2) A request to verify whether a prosecutor’s knowledge and skills meet the requirements established for the position is submitted by the chief prosecutor in the case of prosecutors of the district prosecutor’s office, and by the chief state prosecutor in the case of prosecutors of the Office of the Prosecutor General.

(3) Before submitting the application specified in subsection 2 of this section, the chief prosecutor or the chief state prosecutor must notify the prosecutor of the deficiencies they see in the prosecutor's knowledge and skills and set a reasonable time limit for remedying the deficiencies.

(4) The compliance of the knowledge and skills of a prosecutor with the requirements established for the position is verified by the Prosecutors' Competition Committee on the basis of the application specified in subsection 2 of this section.

(5) Where, in the opinion of the Prosecutors' Competition Committee, the level of knowledge and skills of a prosecutor does not meet the requirements established for the position, the committee makes a proposal to the Prosecutor General to transfer the prosecutor to a lower position of prosecutor or to dismiss the prosecutor from service.

§ 48. Release from service due to bankruptcy

A prosecutor shall be released from service if he or she is declared bankrupt.

§ 49. Release from service for disciplinary offence

A prosecutor against whom a decision on disciplinary sanction for dismissal from service has entered into force is deemed to have been dismissed from service from the date of entry into force of the decision.

§ 50. Dismissal from service due to expiration of term of office

(1) Where the term of office of the Prosecutor General, chief state prosecutor or chief prosecutor ends, the minister in charge of the policy sector appoints the said prosecutor, on the basis of their application, as a state prosecutor or district prosecutor without a public competition.

(1¹) Where the term of office of a senior prosecutor expires, the Prosecutor General releases them from office and appoints the prosecutor, on the basis of their application, as a district prosecutor or assistant prosecutor without a public competition or makes a proposal to the minister in charge of the policy sector to appoint as a state prosecutor a prosecutor who has been released from the position of a senior prosecutor.

(1²) After the appointment to office of a prosecutor on the basis provided in subsection 1 or 1¹ of this section, the number of prosecutors may temporarily exceed the number determined on the basis of § 5¹ of this Act.

(2) The chief prosecutor, chief state prosecutor and senior prosecutor may be reappointed for a new term of office.

(3) A Prosecutor General, chief state prosecutor and chief prosecutor may be appointed or reappointed to a position provided in subsection 1 of this section with their written consent.

(4) Where the Prosecutor General, chief state prosecutor, chief prosecutor or senior prosecutor does not consent to appointment to a position provided in subsection 1 or 1¹ of this section, they are dismissed from service.

§ 51¹. Temporary suspension of prosecutor from service for during criminal proceedings

(1) Where an indictment is prepared with regard to a prosecutor, the prosecutor is temporarily removed from service until the entry into force of the court judgment and their salary is reduced by 50 per cent.

(2) Where a prosecutor who is temporarily removed from service is acquitted or the criminal proceedings are terminated, the prosecutor is compensated for the portion of the salary reduced due to the temporary removal from service.

(3) The portion of the salary to be compensated for on the basis specified in subsection 2 of this section has to be paid to the prosecutor within one month from the termination of the criminal proceedings or entry into force of the judgment in the criminal case.

§ 51². Dismissal of prosecutor in case of judgment of conviction

A prosecutor in respect of whom a conviction has entered into force in a criminal case is deemed to have been dismissed from office from the day of entry into force of the judgment.

§ 52. Appointment of prosecutors to positions foreseen on the staff of Office of the Prosecutor General, Ministry of Justice and Digital Affairs, Supreme Court or European Public Prosecutor's Office

(1) The Prosecutor General may appoint a prosecutor, with his or her consent, to a position on the staff of the Office of the Prosecutor General in order to perform the duties relating to international judicial cooperation.

(2) After hearing the opinion of the Prosecutor General, a prosecutor may, with their consent, be transferred, without a competition, to the Supreme Court, or appointed, without a competition, to a position within the Ministry of Justice and Digital Affairs which requires in-depth knowledge of criminal law and criminal proceedings.

(2¹) Upon transfer of a prosecutor to a position specified in subsection 2 of this section, the salary of the prosecutor remains unchanged. Where the salary for the position specified in subsection 2 of this section is higher than the prosecutor's salary, the prosecutor is paid the higher salary.

(3) Upon appointing a prosecutor to a position on the staff of the Ministry of Justice and Digital Affairs, the Supreme Court or the Office of Prosecutor General, the Prosecutor shall retain the benefits related to office prescribed in his or her current position.

(4) A Prosecutor who has been employed in the Ministry of Justice and Digital Affairs, the Supreme Court or the Office of Prosecutor General on the bases specified in subsection 1 or 2 of this section has the right to return to his or her previous position without public competition by giving at least one month’s advance notice.

(4¹) In the case a prosecutor is appointed a European Chief Prosecutor, his or her service relationship with the prosecutor's office shall terminate.

(4²) In the case a prosecutor is appointed a European Prosecutor, his or her service relationship with the prosecutor's office shall be suspended.

(4³) If a prosecutor who worked as a European Prosecutor wants to return to the prosecutors’ service or if a European Delegated Prosecutor wants to return to his or her former position, he or she shall have the right to resume his or her former position without a competition, if this position is vacant, except in the case the person was released from the position with the European Public Prosecutor's Office in connection with commitment of a wrongful act or due to his or her permanent inability to perform his or her functions according to Article 16(5) or Article 17(3) of Council Regulation (EU) 2017/1939.

(4⁴) A European Prosecutor or a European Delegated Prosecutor shall give notice to the Prosecutor General in writing of his or her wish to return:

1) at the latest one month before regular expiry of the term of office with the European Public Prosecutor's Office;

2) at the latest one month after early termination of the term of office with the European Public Prosecutor's Office.

(4⁵) Upon failure to notify in due time of the wish to return specified in subsection 4⁴ of this section, it shall be considered that the prosecutor does not want to return to the same prosecutor’s office.

(4⁶) If a European Prosecutor or a European Delegated Prosecutor cannot return after the expiry of his or her term of office with the European Public Prosecutor's Office to his or her former position, the Prosecutor General may appoint the person, with his or her consent, a lower level prosecutor or a prosecutor with another prosecutor's office. If the salary paid to the prosecutor in his or her new position is lower compared to the salary which he or she would have received upon returning to the former position, he or she shall continue to receive higher salary for six months.

(5) The period of service in the Ministry of Justice and Digital Affairs, the Supreme Court, the European Public Prosecutor's Office or the Office of the Prosecutor General shall be included in the period of service of a prosecutor in the former position.

§ 52¹. Engagement of prosecutor in provision of education in institution of applied higher education for public defence or public higher education institution

The service relationship of a prosecutor who has been appointed or employed as a lecturer at an institution of applied higher education for public defence or a public higher education institution is suspended from their current position for the duration of their employment as a lecturer. The period spent working as a lecturer is included in the period of service at the current position. When the period of working as a lecturer ends, the prosecutor has the right to return to their current position.

§ 52². Engagement of prosecutors in activities of international organisations and participation as experts in international civil missions

(1) With the consent of the Prosecutor General, a prosecutor may be employed by an international organisation in a position relating to international judicial cooperation or administration of justice and participate as an expert in an international civil mission. The service relationship of the prosecutor in his or her position shall be suspended for the time of employment in an international organisation and participation in an international civil mission.

(2) Within four years after suspension of a service relationship, a prosecutor has the right to return to his or her previous position without a public competition.

(3) The period of service in an international organisation and participation in an international civil mission shall be included in the period of service of a prosecutor in the previous position.

§ 53. Appointment of prosecutors to office

(1) Prosecutors who are in office on the date of entry into force of this Act shall be appointed by the minister in charge of the policy sector:

1) a county or city prosecutor as a senior county or city prosecutor;

2) a deputy county or city prosecutor as a county or city prosecutor;

3) an assistant county or city prosecutor as a county or city prosecutor if he or she has completed an academic higher education in law specified in subsection 1 of § 15 of this Act;

4) an assistant county or city prosecutor as an assistant prosecutor if he or she does not meet the requirement specified in clause 3 of this subsection;

5) a prosecutor-designate as an assistant prosecutor.

(2) Assistant prosecutors appointed to office pursuant to clause 4 of subsection 1 of this section are not required to undergo a clerkship or probationary period. Assistant Prosecutors appointed to office pursuant to clause 5 of subsection 1 of this section shall undergo a clerkship. The period of employment as a prosecutor-designate shall be included in the clerkship period.

(3) The Government of the Republic shall appoint the Prosecutor General to office on the proposal of the minister in charge of the policy sector within one month after the entry into force of this Act. Until the appointment of the Prosecutor General to office, his or her duties shall be performed by the state prosecutor or acting state prosecutor who is in office on the date of entry into force of this Act.

(4) The minister in charge of the policy sector shall appoint state prosecutors to office on the basis of a public competition on the proposal of the evaluation committee within one year after the entry into force of this Act. Until the appointment of state prosecutors to office, the duties of state prosecutors shall be performed by the prosecutors who are in office in the Office of the Prosecutor General on the date of entry into force of this Act.

(5) If a deputy state prosecutor or a prosecutor of the Office of the Prosecutor General who is in office on the date of entry into force of this Act is not appointed as the Prosecutor General or a state prosecutor, the minister in charge of the policy sector shall transfer the prosecutor, with his or her consent, to a vacant position of prosecutor in a county or city prosecutor's office without a public competition. If a prosecutor does not give his or her consent, the minister in charge of the policy sector shall release him or her from service due to redundancy.

(6) The minister in charge of the policy sector shall appoint all the senior county and city prosecutors to office on the proposal of the prosecutors' competition and evaluation committee for the term provided for in subsection 2 of § 17 of this Act, within one year after the entry into force of this Act. If a current senior county or city prosecutor who was appointed to office pursuant to clause 1 of subsection 1 of this section is not appointed as a senior county or city prosecutor, the minister in charge of the policy sector shall transfer the prosecutor, with his or her consent, to a vacant position of prosecutor in a county or city prosecutor's office without a public competition. If a prosecutor does not give his or her consent, the minister in charge of the policy sector shall release him or her from service due to redundancy.

(7) The minister in charge of the policy sector shall appoint prosecutors to vacant positions of prosecutor in county and city prosecutor's offices on the basis of a public competition and on the proposal of the evaluation committee, within one year after the entry into force of this Act.

(8) Subsections 3 to 5 of § 15 of this Act do not apply to the appointments to office provided for in this section.

(9) The period of service of a prosecutor in a position of prosecutor prior to appointment to office pursuant to this section shall be included in his or her period of service in the new position within the meaning of § 15 of this Act.

§ 53¹. Appointment to office of county or city senior prosecutors and county or city prosecutors

(1) County or city senior prosecutors appointed to office prior to 1 March 2004 shall be appointed by the Prosecutor General, upon expiry of their term of office, as senior prosecutors, specialised prosecutors or district prosecutors.

(2) County or city prosecutors appointed to office prior to 1 March 2004 shall be appointed by the Prosecutor General as district prosecutors.

§ 53³. Specifications for appointment to office of assistant prosecutors

The Prosecutor General shall appoint assistant prosecutors [ prokuröri abi ] appointed to office before 1 April 2015 to office as assistant prosecutors [ abiprokurör ], if the person met the requirements established for assistant prosecutors at the time of his or her appointment to office.

§ 53⁴. Special rules for appointment of Prosecutor General, chief state prosecutor and senior public prosecutor

(1) The Prosecutor General in office on 1 September 2026 who has been appointed to office for a term of five years is deemed to be appointed to office for a term of seven years as of the day of appointment. They may not be appointed to the position of the Prosecutor General for a second term of office.

(2) A chief state prosecutor appointed to the prosecutor's service for an indefinite period who are in service on 1 September 2026, and a senior prosecutor who has worked in their position for less than five years is deemed to be appointed to office for five years as of the day of their appointment.

(3) A chief state prosecutor appointed to the prosecutor's service for an indefinite period who is in service on 1 September 2026, and a senior prosecutor who has worked in their position for five or more years is deemed to be appointed to office until 1 September 2028.

§ 54. Prosecutor's salary in Office of Prosecutor General

(1) A state prosecutor or acting state prosecutor specified in the second sentence of subsection 3 of § 53 of this Act shall receive the salary of the Prosecutor General during the time he or she performs the duties of the Prosecutor General.

(2) A deputy state prosecutor specified in the second sentence of subsection 4 of § 53 of this Act shall receive the salary of a prosecutor who directs a department of the Office of the Prosecutor General during the time he or she performs the duties of a state prosecutor.

(3) The salary of a prosecutor of the Office of the Prosecutor General specified in the second sentence of subsection 4 of § 53 of this Act during the time he or she performs the duties of a state prosecutor shall be the salary rate specified in subsection 1 of § 22 multiplied by 1.15.

§ 54¹. Compensation of difference in wages

(1) If a prosecutor's basic salary together with individual additional remuneration calculated on the basis of the salary conditions in force for the prosecutor's office as of 1 March 2004 is lower than his or her former salary, including additional remuneration paid for years of service, academic degree, proficiency in foreign languages and processing state secrets or classified media, the prosecutor shall be compensated for the difference in wages by way of additional payments to be made during one year after the transfer of the prosecutor's office to the new salary conditions.

(2) The additional payments provided in subsection 1 of this section shall be made unless the prosecutor is transferred to another position with a different level of complexity.

§ 55. Convention of first Prosecutors' Assembly

(1) The Prosecutor General shall convene the first Prosecutors' Assembly within one month after appointment to office.

(2) The first Prosecutors' Assembly shall elect the members of the prosecutors' competition committee and of the disciplinary committee from among the prosecutors.

(3) As long as the representative body of judges has not elected a member of the prosecutors' competition committee or the disciplinary committee from among the judges, the Board of the Association of Judges shall do so.

(4) The member of the disciplinary committee and the member of the prosecutors' competition committee who are state prosecutors shall be elected after the appointment of state prosecutors to office.

§ 57. Specifications for application of subsection 1 of § 15 of this Act

Persons who have completed an academic higher education in law in a university in private law may be appointed as prosecutors if they have completed such higher education on the basis of an accredited curriculum.

§ 57¹. Specifications for application of subsection 2 of § 17 of this Act

(1) Within two years after 1 March 2004, senior prosecutors shall be appointed for office for a term of three years.

(2) Senior prosecutors appointed to office pursuant to the procedure provided in subsection 1 of this section shall be appointed by the Prosecutor General, upon expiry of their term of office, as senior prosecutors, district prosecutors or specialised prosecutors.

§ 58. Specifications for application of § 22 of this Act

(1) Within ten years after the entry into force of this Act, the Government of the Republic may increase the salary of prosecutors employed in some regions by up to one quarter.

(2) As of 01 March 2009 until 31 December 2010, the salary of a prosecutor may be determined for a term shorter than one year and the salary determined may be lower than the salary of the previous period.

§ 58¹. Specifications for application of subsection 2 of § 22¹ of this Act

Assistant prosecutors shall continue to have an annual holiday of 42 calendar days and other prosecutors an annual holiday of 49 calendar days for two years as of 1 April 2013 in the case they are in service as at 1 April 2013 either as assistant prosecutors or other prosecutors.

§ 59². Specifications for application of § 52 of this Act

The first European Delegated Prosecutor appointed from Estonia shall have the right, within three years after the appointment, to return to his or her former position without a public competition.

§ 60¹. Prosecutors' work ability allowance

(1) Prosecutors who are paid a work ability allowance as at 1 July 2021 continue to receive the payments thereof without any assessment of their work ability.

(2) Prosecutors' work ability allowances shall be indexed each year by 1 April by the pension index approved by the Government of the Republic on the basis of § 26 of the State Pension Insurance Act.

(3) Prosecutors have the right to choose whether they are paid a work ability allowance on the basis of this Act or a work ability allowance based on the Work ability Allowance Act.

(4) Prosecutors' work ability allowance shall be paid from the state budget.

(5) The provisions of the State Pension Insurance Act apply to payment of prosecutor's work ability allowance, taking into account the specifications of this Act.

§ 60². Right to prosecutors' pension for incapacity for work

(1) A prosecutor who has been established to have a permanent loss of work ability on the basis of the State Pension Insurance Act before 1 July 2016 shall be entitled to apply for a pension for incapacity for work, which shall be determined on the basis of § 26 of the version of this Act in force until 1 July 2016.

(2) A prosecutor who receives a pension for incapacity for work on the basis of § 26 of the version of the Prosecutor's Office Act in force until 1 July 2016 shall continue to receive, after the expiry of the term of permanent incapacity for work determined by an examination for establishing permanent incapacity for work, the pension for incapacity for work in the former amount without assessment of work ability.

(3) When a person receiving a prosecutor's pension for incapacity for work attains the pensionable age provided for in § 7 of the State Pension Insurance Act, payment of the old-age pension shall continue, at his or her request, in the amount of the previous pension for incapacity for work.

(4) Prosecutors' person for incapacity for work and prosecutor's old-age pension in the amount of pension for incapacity for work, except for pension calculated on the basis of the salary rate of the current year, shall be indexed each year by 1 April by the pension index approved by the Government of the Republic on the basis of § 26 of the State Pension Insurance Act.

(5) Prosecutors' pension for incapacity for work shall be paid from the state budget.

(6) The provisions of the State Pension Insurance Act apply to payment of prosecutor's pension for incapacity for work, taking into account the specifications of this Act.

§ 60³. Right to prosecutors' old-age pension

(1) The following persons who have attained the pensionable age provided for in § 7 of the State Pension Insurance Act shall have the right to grant of prosecutor’s old-age pension:

1) who worked as a prosecutor at the time of entry into force of the Prosecutor's Office Act or after the entry into force of the Act and who have worked as a prosecutor for at least 25 years by 1 January 2020;

2) who worked as a prosecutor at the time of entry into force of the Prosecutor's Office Act or after the entry into force of the Act and have worked as a prosecutor for at least 15 years by 1 January 2020 and before that as a judge or a police officer for at least ten years;

3) who hold the office of a prosecutor as at 31 December 2019 or whose length of service by the time of attaining the pensionable age is the period which is required for grant of prosecutors’ old-age pension provided for in clause 1 or 2 of this subsection.

(2) The period of employment as a preliminary investigator of a prosecutor's office shall be included in the period of employment as a prosecutor.

(3) The amount of a prosecutor's old-age pension is 65 per cent of the salary rate corresponding to his or her most recent position, or of the most favourable salary corresponding to his or her position earned during the last five year of his or her service, provided that he or she served in that position for at least 12 consecutive months, established by the Salaries of Higher State Servants Act or on the basis of § 22 of this Act, without considering the increase of the salary due to working in a specific area. The salary in this amount which was in force on the day of release of the prosecutor from the prosecutor’s service shall be taken as the basis for calculation of the pension. When the most favourable salary is chosen, the calculation shall be based on the salary which was in force on the day of transfer of the prosecutor.

(3¹) For the period from 1 April 2024 to 31 March 2028, prosecutor's old-age pension is calculated on the basis of the salary referred to in subsections 1 and 2 of section 22 of this Act which the prosecutor would have received if the salary of the Prosecutor General had been indexed in accordance with subsection 2 of section 1 of the High-Ranking State Public Servants Salaries Act.

(4) A prosecutor's old-age pension, except for pension calculated on the basis of the salary of the current year, shall be indexed by 1 April of each current year by the highest salary rate index specified in § 2 ¹ of the Salaries of Higher State Servants Act.

(5) The part of a prosecutor's old-age pension which exceeds the old-age pension calculated pursuant to the State Pension Insurance Act shall be paid from the state budget.

(6) A prosecutor's old-age pension shall not be paid during the period of employment as a prosecutor. If a retired prosecutor is employed elsewhere, he or she shall receive the prosecutor’s old-age pension in full regardless of the amount of the earnings.

(7) The provisions of the State Pension Insurance Act apply to prosecutor's old-age pension, unless otherwise provided for in this Act.

(8) A prosecutor's old-age pension shall not be granted or paid to a person who has been released from service due to the entry into force of a judgment of conviction for an intentionally committed criminal offence.

(9) A person convicted for an offence provided for in Chapter 15 or Subchapter 2 of Chapter 17 of the Penal Code, for which the Penal Code prescribes at least up to five years' imprisonment, and in respect of whom a judgment of conviction entered into force after 10 March 2009, loses the right to a prosecutor's old-age pension provided for in this section.

(10) If a person was paid the procurator's old-age pension provided for in this section, the payment of the pension shall be terminated as of the month following the month of entry into force of the judgment. In the case of losing the right to a prosecutor's old-age pension provided for in this section, the person retains the right to apply for a pension pursuant to the State Pension Insurance Act.

(11) The court is required to notify the Social Insurance Board within ten working days as of the entry into force of the court judgment in writing of the fact in connection with which the person loses the right to the prosecutor's old-age pension provided for in this section.

§ 61. Oath

Until 31 December 2000, persons applying for the position of prosecutor who have not yet taken an oath shall take a written oath.

§ 62

–

§ 66

[Omitted from this text.]

§ 67. Entry into force of Act

(1) This Act enters into force on the day following publication in the Riigi Teataja.

(3) Prosecutors of the county and city prosecutor's offices shall begin to perform the duties which before the entry into force of this Act were performed by the prosecutors who were employed by the Office of the Prosecutor General, within one year after the entry into force of this Act.