Conflict with existing fundamental legal principle of general application - consultations with the Court

Estonia

Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 1
General Provisions

§ 436. Prohibition on international co-operation in criminal procedure

(1) The Republic of Estonia refuses to engage in international co-operation if :

1) it may endanger the security, public order or other essential interests of the Republic of Estonia ;
2) it is in conflict with the general principles of Estonian law ;
3) there is reason to believe that the assistance is requested for the purpose of bringing charges against or punishing a person on account of his or her race, nationality or religious or political beliefs, or if the situation of the person may deteriorate for any of such reasons.

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 3
Mutual Assistance in Criminal Matters

§ 461. Prohibition on compliance with request for assistance

Compliance with a request for assistance is not permitted and shall be refused on the grounds provided for in § 436 of this Code.

Rome Statute

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.