State legal aid for victims from 01.11.2026: also when their interests may go unprotected without an advocate

From 01.11.2026 a victim in criminal proceedings receives state legal aid regardless of their financial situation also when their „olulised huvid ja õigused võivad advokaadi abita jääda kaitseta“ (translation: essential interests and rights may go unprotected without the assistance of an advocate) (RÕS § 6 lg 2² p 4) [1]. In that case the Prosecutor's Office may also apply for the aid (RÕS § 10 lg 5) [2].

What changes

• Who receives it: until now, under subsection 2² only a victim with restricted active legal capacity received state legal aid regardless of their financial situation, and only where it could be presumed that the interests of their legal representative conflicted with theirs, where a minor victim had been separated from the family, or where the victim was an unaccompanied minor within the meaning of the Act on Granting International Protection to Aliens (RÕS § 6 lg 2²) [3]. Now the opening words of subsection 2² no longer mention restricted capacity, and a fourth case is added: the victim's essential interests and rights may go unprotected without the assistance of an advocate (RÕS § 6 lg 2² p 4) [1]. The conflict-of-interest case still concerns a victim with restricted active legal capacity (RÕS § 6 lg 2² p 1) [1].
• Why: according to the explanatory memorandum, the aim is better protection for victims whose capacity has not been restricted by a court and who have no guardian, but who would still be unable to assert their rights adequately in criminal proceedings [4]. The memorandum considers proceedings for appointing a guardian and restricting capacity too draconian and too long for this [4].
• Application by the prosecutor: if the court finds that the essential interests of a victim, civil defendant or third party may go unprotected without an advocate, it may now decide to grant state legal aid also on the application of the Prosecutor's Office, until now only on its own initiative (KrMS § 41 lg 3) [5] [6]. In that case the Prosecutor's Office may file the application for state legal aid (RÕS § 10 lg 5) [2]. According to the memorandum, this allows aid to be assigned to the victim already in pre-trial proceedings, where the victim is to file a civil action [4].

Who is affected

Victims in criminal proceedings, especially those whose capacity is not restricted but whose essential interests and rights may go unprotected without an advocate (RÕS § 6 lg 2² p 4) [1], and the Prosecutor's Office and the courts that decide on state legal aid (KrMS § 41 lg 3, RÕS § 10 lg 5) [5] [2].

What to do

• If a victim's essential interests may go unprotected without an advocate, from 01.11.2026 the Prosecutor's Office may apply for state legal aid to be assigned to them (RÕS § 10 lg 5) [2]; the victim's financial situation is then no obstacle (RÕS § 6 lg 2² p 4) [1].
• The victim may still apply for state legal aid themselves; the court hearing the case decides, or in pre-trial proceedings the county court that would have jurisdiction over the criminal case (RÕS § 10 lg 5) [2].