Criminal procedure from 01.11.2026: admission of facts, new rules on substitute counsel and judgments in Riigi Teataja before they take effect

From 01.11.2026 a court deciding a criminal case may also rely on facts it has recognised as „omaks võetuks“ (translation: admitted) (KrMS § 60 lg 1) [1]. Substitute defence counsel may also be appointed when counsel „ei saa ebamõistlikult pika aja jooksul oma kohustusi efektiivselt täita“ (translation: cannot perform their duties effectively for an unreasonably long time) (KrMS § 44¹ lg 2) [2], and a judgment or order ending the proceedings is published in Riigi Teataja before it enters into force (KrMS § 408¹ lg 1) [3].

What changes

• Admission (omaksvõtt): an admission is „vastaspoole faktiväitega selgesõnaline ja tingimusteta nõustumine“ (translation: express and unconditional agreement with the opposing party's factual assertion) in a written application addressed to the court or orally at a hearing (KrMS § 60 lg 4) [1]. The court may recognise a fact as admitted if all parties whose claim or objection depends on it have confirmed their agreement and the court has no reason to doubt that it is true (KrMS § 60 lg 4) [1]. According to the explanatory memorandum an admitted fact is established „ning selle kohta tõendeid rohkem esitada ega vaielda ei saa“ (translation: and no further evidence or argument about it is possible) [4].
• Substitute counsel: until now the court could appoint substitute counsel when counsel could not attend a hearing and had not named a substitute, and had to appoint one when counsel could not take part in the trial within three months of the preliminary hearing [5]. Now this is also possible when counsel cannot perform their duties effectively for an unreasonably long time (KrMS § 44¹ lg 2) [2]. The accused and counsel may appeal the appointment (määruskaebus); the circuit court's order on that appeal cannot be contested (KrMS § 44¹ lg 2) [2]. Substitute counsel takes part in the proceedings until the court releases them (KrMS § 44¹ lg 4) [2].
• Cross-examination: a party may question a witness during cross-examination about the witness's earlier statements on the same facts and disclose, to the relevant extent, documents and data media containing those statements (KrMS § 289 lg 1) [6]. Until now the court, at a party's request, ordered statements given in pre-trial proceedings to be disclosed when they contradicted the testimony given in cross-examination [7].
• Publication of judgments: a judgment and an order ending the proceedings are published in Riigi Teataja; a judgment not yet in force is published with a note that it is awaiting entry into force (KrMS § 408¹ lg 1) [3]. Until now a judgment in force and an order ending the proceedings in force were published [8]. Supreme Court judgments and orders ending cassation, review or appeal proceedings are published regardless of continuing pre-trial proceedings, except for any part that in the Supreme Court's view would unduly harm them (KrMS § 408¹ lg 1¹) [3]. At the request of an acquitted person, their name is replaced with characters and data that would identify them are not published (KrMS § 408¹ lg 2¹) [3]. The data of a public authority and its representative are not concealed (KrMS § 408¹ lg 2) [3].

Who is affected

Parties to criminal court proceedings (KrMS § 60 lg 4) [1], the accused and defence counsel (KrMS § 44¹ lg 2) [2], and people whose data are published in a criminal judgment (KrMS § 408¹ lg 2) [3].

What to do

• An admission must be express, unconditional and addressed to the court (KrMS § 60 lg 4) [1].
• Defence counsel should bear in mind that if they cannot perform their duties effectively for an unreasonably long time, the court may appoint substitute counsel (KrMS § 44¹ lg 2) [2].
• An acquitted person who does not want their name published must make a request (KrMS § 408¹ lg 2¹) [3].