Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
Division 3Mutual Assistance in Criminal Matters
§ 470. Handing over of property to foreign states
(1) Handing over of property to a foreign state by Estonia on the bases provided for in § 469 of this Code shall be decided by an order made by a judge of the county court of the location of the property sitting alone.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
(2) An order shall set out:
1) the name and location of the property to be handed over, and, if possible, the name of the owner or possessor of the property;
[RT I 2008, 19, 132 - entry into force 23.05.2008]
2) the content of the request reviewed;
3) the content of and reasons for the order;
4) the basis under procedural law;
5) the determination of the court and the procedure for appeal.
(3) A court shall send a copy of an order which has entered into force to the Ministry of Justice who shall notify the requesting state of compliance with the request or refusal thereof.
(4) Handing of property over to the requesting foreign state shall be organised by the competent judicial authority.
(5) In cases of urgency, property may be seized or a search may be conducted at the request of a foreign state before receipt of the request to hand over property. The above-mentioned acts are recorded in the minutes pursuant to the procedure provided for in this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(6) on the basis of a request submitted through the International Criminal Police Organisation (Interpol) or a notice in the Schengen Information System, a wanted item may be detained and seized. A report shall be prepared on the detention of a wanted item upon detention of the item. The wanted item shall be seized for the term of two months in accordance with the rules provided in § 142 of this Code. If a foreign state does not submit a request to hand over property during that term, the item shall be released from seizure.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
Division 5Recognition and Compliance with Judgements of States Not Participating in Cooperation in criminal proceedings among Member States of European Union
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
§ 487. Disposal of assets received upon execution of foreign court judgments
(1) Pecuniary punishments and fines to the extent of assets shall be enforced as payments into the revenues of the Estonian state unless the parties have agreed otherwise.
(2) confiscated property shall be transferred to revenues of Estonia unless the parties have agreed otherwise.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.
2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.
3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.