Request by State for ICC assistance

Estonia

Code of Criminal Procedure

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 4
Transfer and Taking Over of Criminal Proceedings

ยง 474. Transfer of criminal proceedings

(1) Transfer of a criminal proceeding initiated with regard to a person suspected or accused of a criminal offence to a foreign state may be requested if :

1) the person is a citizen of or permanently lives in the foreign state ;
2) the person is serving a sentence of imprisonment in the foreign state ;
3) criminal proceedings concerning the same or any other criminal offence have been initiated with regard to the person in the requested state ;
4) the evidence or the most relevant pieces of evidence are located in the foreign state ;
5) it is considered that the presence of the accused at the time of the hearing of the criminal matter cannot be ensured and his or her presence for the purposes of the hearing of the criminal matter is ensured in the requested state.

(2) A request for transfer shall be sent to the Public Prosecutor's Office together with the criminal file or an authenticated copy thereof, and other relevant materials.

(3) The Public Prosecutor's Office shall verify whether the transfer of a criminal proceeding is justified and send the materials to the Ministry of Justice who shall forward them to the foreign state.

(4) After submission of a request for the transfer of a criminal proceeding, charges shall not be brought against the person for the criminal offence regarding which transfer of the proceedings was requested, and a court judgment previously made with regard to the person for the same criminal offence shall not be executed.

(5) The right to bring charges and execute a court judgment is regained if :

1) the request for transfer is not satisfied ;
2) the request for transfer is not accepted ;
3) the requested state decides not to commence or to terminate the proceedings ;
4) the request is withdrawn before the requested state has given notice of its decision to satisfy the request.

Rome Statute

Article 93 Other forms of cooperation

10.

(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)

b. The questioning of any person detained by order of the Court;

(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

(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.