Postponement of execution of ICC request


Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 19

Division 2

Subdivision 2
Procedure for Extradition of Persons to Foreign States

ยง 453. Postponement of extradition and temporary extradition

(1) The Ministry of Justice may, on the proposal of the Public Prosecutor's Office, postpone the execution of an extradition decision which has entered into force if postponement is necessary for the purposes of the criminal proceeding conducted in Estonia with regard to the person claimed or for the purposes of execution of a court judgment made with regard to him or her.

(2) By agreement with a requesting state, a person whose extradition has been postponed may be temporarily extradited to the requesting state.

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95 Postponement of execution of a request in respect of an admissibility challenge

Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.