Arrested in Tallinn: 48 hours, and only a judge can arrest
Estonia gives 48 hours and no more. If a court has not issued a warrant for your arrest within 48 hours of your detention, the investigating body must release you without delay. Only a judge can authorise an arrest, and the judge examines the file and questions you before deciding.
The Estonian clock
| Step | Rule | Note |
|---|---|---|
| Detention | Up to 48 hours | From the moment of detention |
| Court warrant | Must issue within those 48 hours | Otherwise release without delay |
| Who authorises arrest | Only a judge | On the prosecutor's request |
| The hearing | The judge examines the file and questions you | Prosecutor and, on request, your lawyer attend |
| Grounds | Risk of evading proceedings or committing new offences | Stated by the prosecution |
| The file | Given to the defence lawyer when the investigation closes | A full copy |
The most digital jurisdiction in Europe
Estonia runs almost everything through electronic systems, and that shapes its criminal cases. Digital traces are abundant, well kept and routinely produced: access logs, transactions, identity authentications, location data.
For the defence this cuts both ways. The material that incriminates is precise, but so is the material that exonerates — and it exists, which is not always true elsewhere. Requesting it early, before retention periods expire, is the whole of the work in these cases.
Cyber and financial matters dominate the serious end of the caseload, and their Italian equivalents are in cybercrime charges and crypto and digital asset investigations.
What actually happens in Tallinn
- Nightlife in the old town, with a large volume of stag and group weekends.
- Drink driving, where Estonia applies a very low threshold and enforcement is heavy.
- Cyber and financial proceedings, including offences connected to e-residency and company structures.
- The port, with ferry traffic to Helsinki and Stockholm: customs, alcohol and cash.
- Theft accusations in the tourist centre.
- The airport: customs and alert-based arrests.
Where an Italian lawyer comes in
Only a lawyer admitted in Estonia can appear before its courts. The Italian side covers the rest: selecting and briefing that lawyer, explaining the position to the family in their own language, and handling anything with an Italian end — a parallel proceeding, a warrant issued by Italy, an alert in circulation. The model is in how a correspondent case is run.
Frequently asked questions
How long can Estonian police hold me?
Up to forty-eight hours. If no court warrant has issued in that time, the investigating body must release you without delay.
Who decides on arrest?
Only a judge, on the prosecutor's request, after examining the file and questioning you.
What about digital evidence?
Estonia keeps extensive electronic records. They incriminate precisely, but they also exonerate precisely, and they must be requested before retention periods expire.
When do I see the file?
A copy of the criminal file is given to the defence lawyer when the investigation is completed.
If this is happening now
First contact is free and covered by professional privilege, at any hour including nights and holidays.