Chapter II
Fundamental Rights, Freedoms and Duties
§ 36.
No citizen of Estonia may be extradited to a foreign state, except under conditions prescribed by an international treaty and pursuant to a procedure provided by such treaty and by law. Extraditions are decided by the Government of the Republic. Any person who is subject to an extradition order has the right to challenge this order in an Estonian court.
Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
Division 1General Provisions
§ 433. General principles
(1) International cooperation in criminal proceedings comprises extradition of persons to foreign states, mutual assistance between states in criminal matters, execution of the judgments of foreign courts, taking over and transfer of criminal proceedings commenced, cooperation with the International Criminal Court and Eurojust and extradition to member states of the European Union.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
Division 3Mutual Assistance in Criminal Matters
§ 460. Requirements for requests for assistance
(1) A request for assistance shall set out:
1) the name of the authority making the request;
2) the content of the request;
3) the name, address and, if possible, other contact details of the person with regard to whom the request is submitted;
4) the facts relating to and the legal assessment of the criminal offence concerning which the request is submitted.
(2) The following shall be appended to a request for assistance:
1) extracts from the relevant legal acts;
2) a translation of the request and the supporting materials into the language of the executing state.
§ 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.
§ 462. Processing of requests for assistance received from foreign states
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(1) The Ministry of Justice shall verify whether a request for assistance received from a foreign state meets the requirements. A request for assistance in compliance with the requirements shall be immediately communicated to the Office of the Prosecutor General.
(2) The Office of the Prosecutor General shall verify whether compliance with the request for assistance is admissible and possible and communicate the request for assistance to the competent judicial authority for execution.
(3) Requests for assistance received by investigative bodies shall be communicated to the Office of the Prosecutor General. In cases of urgency, a request for assistance submitted through the International Criminal Police Organisation (Interpol) or a notice in the Schengen Information System may be complied with before the request for assistance is received by the Ministry of Justice with the consent of the Office of the Prosecutor General.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
§ 463. Compliance with requests for assistance received from foreign states
(1) Requests for assistance are complied with pursuant to this Code. At the request of a foreign state, a request may be complied with pursuant to procedural provisions different from the provisions of this Code unless this is contrary to the principles of Estonian law.
(1.1) If summoning of a person to court is required for compliance with a request for assistance, service of the summons shall be organised by the court.
[RT I 2008, 32, 198 - entry into force 15.07.2008]
(2) The materials received as a result of compliance with a request shall be communicated to the requesting state using the same channel which was used for sending the request, except in the case the requesting state requests the sending of the materials directly to the initiator of the request.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(21) If it becomes evident upon compliance with a request that is expedient to perform additional acts which were not requested, the requesting state shall be notified thereof.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(3) The materials received as a result of compliance with a request for assistance from a foreign state submitted through Eurojust shall be sent to the requesting state through Eurojust unless otherwise agreed with Eurojust.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
Division 3Mutual Assistance in Criminal Matters
§ 466. Temporary surrender to foreign states of persons whose personal liberty is restricted
(1) If a person has been held in custody or imprisoned or his or her personal liberty has been restricted in any other lawful manner in Estonia, the person may, by a decision of the Minister responsible for the area on the basis of a request from a foreign state, be temporarily surrendered to such state for the purposes of hearing the person as a witness or performing any other procedural act with his or her participation.
(2) A person may be temporarily surrendered if the requesting state has assured that:
1) the person surrendered will not be prosecuted and his or her fundamental rights will not be restricted in connection with any criminal offence which was committed before his or her departure from the territory of the requesting state and was not expressly specified in the summons;
2) the person surrendered shall be sent back to Estonia immediately after the performance of the procedural acts.
(3) A person will not be temporarily surrendered to a foreign state if:
1) he or she does not consent to the surrender;
2) his or her presence is necessary at criminal proceedings being carried out in Estonia;
3) the surrender may prolong the lawful term for the restriction of his or her personal liberty;
4) there is another good reason to refuse to surrender the person.
(4) The conditions for arrest applicable in the requesting state apply to a person surrendered, and the period of his or her stay in the foreign state shall be included in the term of the punishment imposed on him or her in Estonia.
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]
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
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.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.