Request for arrest and surrender

Estonia

Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 4
SECURING OF CRIMINAL PROCEEDINGS

Division 1
Preventive Measure

§ 130. Grounds for taking into custody and holding in custody

(1) Taking into custody is a preventive measure which is applied with regard to a suspect, accused or convicted offender and which means deprivation of a person of his or her liberty on the basis of a court ruling.

(2) A suspect or accused may be taken into custody at the request of a Prosecutor's Office and on the basis of an order of a preliminary investigation judge or on the basis of a court ruling if he or she is likely to abscond from the criminal proceeding or continue to commit criminal offences.

(3) In pre-trial procedure, a suspect or accused shall not be held in custody for more than six months. The term shall not include the time spent in provisional custody and in custody for surrender in a foreign country by a person whose extradition has been applied for by the Republic of Estonia or the time a person was held in custody in pre-trial procedure based on a decision of a competent authority of a foreign state prior to assumption of criminal proceedings by the Republic of Estonia.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(3 1) In the case of particular complexity or extent of a criminal matter or in exceptional cases arising from international cooperation in a criminal proceeding, a preliminary investigation judge may extend the term for holding in custody for more than six months at the request of the Chief Public Prosecutor.

(4) An accused who has been prosecuted and is at large may be taken into custody on the basis of a ruling of a city, county or circuit court if he or she has failed to appear when summoned by a court and may continue absconding from the court proceeding.

(4 1) An accused who is at large may be taken into custody by a court in order to ensure execution of imprisonment imposed by a judgment of conviction.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(5) A convicted offender who is at large may be taken into custody by a court pursuant to the procedure provided for in § 429 of this Code in order to secure execution of the court judgment.

(6) A member of the Defence Forces who is a suspect and does not stay in the territory of the Republic of Estonia may, at the request of a Prosecutor's Office, be taken into custody on the bases provided for in subsection (2) of this section in order to bring him or her to the Republic of Estonia on the basis of an order of a preliminary investigation judge.
[RT I 2004, 54, 387 - entry into force 01.07.2004]

§ 131. Procedure for taking into custody

(1) At the request of a suspect or accused, the Prosecutor's Office shall immediately notify his or her counsel of preparation of an application for an arrest warrant.

(2) On the order of a Prosecutor's Office, an investigative body shall convey a suspect or accused with regard to whom an application for an arrest warrant or an application for extension of the term for holding in custody has been prepared to a preliminary investigation judge for the hearing of the application.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(3) In order to issue an arrest warrant, a preliminary investigation judge shall examine the criminal file and interrogate the person to be taken into custody with a view to ascertaining whether the application for an arrest warrant is justified. The prosecutor and, at the request of the person to be taken into custody, his or her counsel shall be summoned before the preliminary investigation judge and their opinions shall be heard.

(3 1) A preliminary investigation judge may organise the participation of the persons specified in subsection (3) of this section in the hearing of the request for taking into custody by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(4) For the purposes of taking a person who has been declared a fugitive or a suspect and who stays outside the territory of the Republic of Estonia into custody, a preliminary investigation judge shall issue an arrest warrant without interrogating the person. Not later than on the second day following the date of apprehension of a fugitive or bringing a suspect into Estonia, the person held in custody shall be taken before a preliminary investigation judge for interrogation.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(5) If there are no grounds for holding in custody, the person shall be released immediately.

§ 132. Arrest warrant

(1) An arrest warrant shall set out :

1) the name and residence of the person to be taken into custody ;
2) the facts relating to the criminal offence of which the person is suspected or accused, and the legal assessment of the act ;
3) the grounds for taking into custody with a reference to §§ 130 or 429 of this Code ;
4) the reason for taking into custody.

(2) An arrest warrant shall be included in the criminal file and a copy of the warrant shall be sent to the person in custody.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 133. Notification of taking into custody

(1) A preliminary investigation judge or court shall immediately give notification of taking of a person into custody to a person close to the person in custody and his or her place of employment or study.

(2) Notification of taking into custody may be delayed in order to prevent a criminal offence or ascertain the truth in a criminal proceeding.

(3) If a foreign citizen is taken into custody, a copy of the arrest warrant or court judgment shall be sent to the Ministry of Foreign Affairs.

§ 134. Refusal to take into custody and release of person held in custody

(1) A preliminary investigation judge or court shall set out the reasons for a refusal to take a person into custody in a ruling on the refusal of taking into custody.

(2) If the grounds for holding in custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor's Office shall release the person held in custody by an order.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 135. Bail

(1) At the request of a suspect or accused, a preliminary investigation judge or court may impose bail instead of taking into custody.

(2) Bail is a sum of money paid as a preventive measure by a suspect, accused or another person on behalf of him or her to the deposit account of the court.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(3) A suspect or accused shall be released from custody after the bail has been received into the bank account of a court.

(4) A court shall determine the amount of bail on the basis of the degree of the potential punishment, the extent of the damage caused by the criminal offence, and the financial situation of the suspect or accused. The minimum amount of bail shall be five hundred days' wages.

(5) Bail is imposed by a court ruling. For the purposes of adjudication of an application for bail, the person held in custody shall be taken before a preliminary investigation judge; a prosecutor and, at the request of the person held in custody, his or her counsel shall be summoned to the judge and their opinions shall be heard.

(5 1) At the request of a Prosecutor's Office or on its own initiative, a court may, together with the imposition of bail, apply a prohibition on departure from residence with respect to a suspect or an accused pursuant to the procedure provided for in §§ 127 and 128 of this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(5 2) A preliminary investigation judge may organise the participation of the persons specified in subsection (5) of this section in the adjudication of an application for bail by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(6) If a suspect or accused absconds from criminal proceedings or intentionally commits another criminal offence or violates the prohibition on departure from his or her residence, the bail shall be transferred into public revenues on the basis of a court judgment or ruling on termination of the criminal proceeding after deduction of the amount necessary for reimbursement of the expenses relating to the criminal proceeding.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(6 1) If the grounds for taking into custody cease to exist before a statement of charges is sent to a court pursuant to the procedure provided for in subsection 226 (3) of this Code, a preliminary investigation judge or Prosecutor's Office shall annul the bail by an order.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(7) Bail shall be refunded if :

1) the suspect or accused does not violate the conditions for bail ;
2) the criminal proceeding is terminated ;
3) the accused is acquitted.

§ 136. Contestation of taking into custody or refusal to take into custody and of extension of or refusal to extend term for holding in custody

A Prosecutor's Office, a person held in custody or his or her counsel may file an appeal pursuant to the procedure provided for in Chapter 15 of this Code against a court ruling by which holding in custody was imposed or refused, extension of the term for holding in custody or refusal to extend the term for holding in custody.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 137. Verification of reasons for holding in custody and bail
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(1) A suspect, accused or counsel may submit a request to a preliminary investigation judge or court to verify :

1) the reasons for holding in custody after two months have expired from the taking into custody ;
2) the reasons for bail after four months have expired from the imposition of bail.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2) A preliminary investigation judge shall hear a request within five days as of receipt of the request. A prosecutor, counsel and, if necessary, the person held in custody or the person on whom bail was imposed shall be summoned before the preliminary investigation judge. A new request may be submitted after expiry of the term provided for in subsection (1) of this section after the review of the previous request.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2 1) A preliminary investigation judge or court may organise the participation of the persons specified in subsection (2) of this section in the adjudication of a request by means of a technical solution which complies with the requirements specified in clause 69 (2) 1) of this Code.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(3) In order to adjudicate a request, a preliminary investigation judge shall examine the criminal file. The request shall be adjudicated by a court ruling which is not subject to appeal.

(3 1) If a preliminary investigation judge or court finds that further imposition of bail is not justified, the court ruling shall set out whether bail is to be returned or holding of the suspect or accused in custody is applied.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(4) If the term for holding a person in custody has been extended for more than six months pursuant to the procedure provided for in subsection 130 (31) of this Code, a preliminary investigation judge shall verify the reasons for holding in custody at least once a month by examining the criminal file regardless of whether verification of the reasons has been requested and shall appoint a counsel for the person held in custody if he or she does not have a counsel.
[RT I 2006, 21, 160 - entry into force 25.05.2006]

Chapter 8
PRE-TRIAL PROCEDURE

Division 3
Detention of Suspect

§ 217. Detention of suspect

(1) Detention of a suspect is a procedural act whereby a person is deprived of liberty for up to 48 hours. A report shall be prepared on a detention.

(2) A person shall be detained as a suspect if :

1) he or she is apprehended in the act of committing a criminal offence or immediately thereafter ;
2) an eyewitness to a criminal offence or a victim indicates such person as the person who committed the criminal offence ;
3) the evidentiary traces of a criminal offence indicate that he or she is the person who committed the criminal offence.

(3) A suspect may be detained on the basis of other information referring to a criminal offence if :

1) he or she attempts to escape ;
2) he or she has not been identified ;
3) he or she may continue to commit criminal offences ;
4) he or she may abscond criminal proceedings or impede the criminal proceedings in any other manner.

(4) A person who is apprehended in the act of committing a criminal offence or immediately thereafter in an attempt to escape may be taken to the police by anyone for detention as a suspect.

(5) An advocate may be detained as a suspect under the circumstances relating to his or her professional activities only at the request of a Prosecutor's Office and on the basis of an order of a preliminary investigation judge or on the basis of a court ruling.

(6) Section 377 of this Code applies to the detention of the President of the Republic, a member of the Government of the Republic, a member of the Riigikogu, the Auditor General, the Chancellor of Justice, or the Chief Justice or a justice of the Supreme Court as a suspect.

(7) An official of an investigative body shall explain the rights and obligations of a person detained as a suspect to the person and shall interrogate the suspect immediately pursuant to the procedure provided for in § 75 of this Code .

(8) If a Prosecutor's Office is convinced of the need to take a person into custody, the Prosecutor's Office shall prepare an application for an arrest warrant and, within forty-eight hours as of the detention of the person as a suspect, organise the transport of the detained person before a preliminary investigation judge for the adjudication of the application.

(9) If the basis for the detention of a suspect ceases to exist in pre-trial proceedings, the suspect shall be released immediately.

(10) A person detained as a suspect is given an opportunity to notify at least one person close to him or her at his or her choice of his or her detention through a body conducting proceedings. If the notification prejudices a criminal proceeding, the opportunity to notify may be refused with the permission of a Prosecutor's Office.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 218. Report on detention of suspect

(1) A report on the detention of a suspect shall set out :

1) the basis for the detention and a reference to subsection 217 (2) or (3) of this Code ;
2) the date and time of the detention ;
3) the facts relating to the criminal offence of which the person is suspected and the legal assessment of the criminal offence pursuant to the relevant section, subsection and clause of the Penal Code ;
[RT I 2006, 15, 118 - entry into force 14.04.2006]
4) explanation of the rights and obligations provided for in § 34 of this Code to the suspect ;
5) the names and characteristics of the objects confiscated from the suspect upon detention ;
6) a description of the clothing and bodily injuries of the detained person ;
7) the petitions and requests of the detained person ;
8) in the case the detained person is released, the grounds, date and time of release.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(2) A Prosecutor's Office is immediately informed of the detention of a suspect.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 219. Substitution of detention of suspect

(1) If a person has committed a criminal offence in the second degree for which a pecuniary punishment may be imposed and the person does not have a permanent or temporary place of residence in Estonia, an investigative body may, with the consent of the person, substitute the detention of the person as a suspect by a payment covering the procedure expenses, the potential pecuniary punishment and the damage caused by the criminal offence into the public revenues.

(2) A statement, a copy of which is sent to the Prosecutor's Office, shall be prepared on the substitution of the detention of a suspect and on the receipt of a payment into the public revenues.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 2
Extradition

Subdivision 1
Extradition of Persons to Foreign States

§ 438. Admissibility of extradition

Estonia as the requested state is entitled to extradite a person on the basis of a request for extradition if criminal proceedings have been initiated and an arrest warrant has been issued with regard to the person in the requesting state or if the person has been sentenced to imprisonment by a judgment of conviction which has entered into force.

§ 439. General conditions for extradition of persons to foreign states

(1) Extradition of a person for the purposes of continuation of the criminal proceedings concerning him or her in a foreign state is permitted if the person is suspected or accused of a criminal offence which is punishable by at least one year of imprisonment according to both the penal law of the requesting state and the Penal Code of Estonia.

(2) Extradition of a person for the purposes of execution of a judgment of conviction made with regard to him or her is permitted under the conditions provided for in subsection (1) of this section if at least four months of the sentence of imprisonment have not yet been served.

(3) If a person whose extradition is requested has committed several criminal offences and extradition is permitted for some of the criminal offences, extradition may be granted also for the other offences which do not meet the requirements specified in subsections (1) and (2) of this section.

§ 440. Circumstances precluding or restricting extradition of persons to foreign states

(1) In addition to the cases provided for in § 436 of this Code, extradition of a person to a foreign state is prohibited if :

1) the request for extradition is based on a political offence within the meaning of the Additional Protocols to the European Convention on Extradition, except in the case provided for in subsection 436 (11) of this Code ;
[RT I 2008, 19, 132 - entry into force 23.05.2008]
2) the person has been finally convicted or acquitted on the same charges in Estonia ;
3) according to the laws of the requesting state or Estonia, the limitation period for the criminal offence has expired or an amnesty precludes application of a punishment.

(2) Extradition of an Estonian citizen is not permitted if the request for extradition is based on a military offence within the meaning of the provisions of the European Convention on Extradition and the Additional Protocols thereto.

(3) If death penalty may be imposed in a requesting state as punishment for a criminal offence which is the basis for the request for extradition, the person may be extradited only on the condition that the competent authority of the requesting state has assured that death penalty will not be imposed on the person to be extradited or, if death penalty was imposed before the submission of the request for extradition, the penalty will not be carried out.

(4) A request for the extradition of a person to a foreign state may be denied if initiation of criminal proceedings on the same charges has been refused with regard to the person or if the proceedings have been terminated.

§ 441. Conflicting requests for extradition

If extradition of a person is requested by several states, the state to which the person is to be extradited shall be determined having regard, primarily, to the seriousness and place of commission of the criminal offences committed by the person, the order in which the requests were submitted, the nationality of the person claimed and the possibility of his or her subsequent extradition to a third state.

§ 442. Requirements for request for extradition of person from Republic of Estonia

(1) A request for extradition shall be prepared by the competent judicial authority of the requesting state and it shall be addressed to the Ministry of Justice of the Republic of Estonia.

(2) The following shall be appended to a request for extradition :

1) information concerning the time and place of commission of and other facts relating to the criminal offence on which the request for extradition is based, and the legal assessment of the criminal offence pursuant to the penal law of the requesting state ;
2) an extract from the penal law or any other relevant legal act of the requesting state ;
3) the original or an authenticated copy of the arrest warrant or judgment of conviction made pursuant to the procedure prescribed in the procedural law of the requesting state ;
4) if possible, a description of the person claimed, together with any other information which may enable to establish the identity of the person.


Subdivision 2 Procedure for Extradition of Persons to Foreign States

§ 443. Stages in procedure for extradition of persons to foreign states

The procedure for the extradition of a person to a foreign state is divided into the preliminary proceeding in the Ministry of Justice and the Public Prosecutor's Office, verification of the legal admissibility of the extradition in court, and deciding on extradition falling within the competence of the executive power.

§ 444. Acts of Ministry of Justice in preliminary proceedings

(1) The Ministry of Justice shall verify the compliance of a request for extradition with the requirements, and the existence of the necessary supporting documents.

(2) If necessary, the Ministry of Justice may grant a term to a requesting state for submission of additional information.

(3) A request for extradition which meets the requirements, and the supporting documents shall be immediately sent to the Public Prosecutor's Office.

§ 445. Acts of Public Prosecutor's Office in preliminary proceedings

(1) If a request for extradition submitted by a foreign state is received directly by the Public Prosecutor's Office, the Ministry of Justice shall be immediately notified of such request.

(2) If a request for extradition is received directly by the Public Prosecutor's Office, additional information may be requested without the mediation of the Ministry of Justice.

(3) The Public Prosecutor's Office shall append an excerpt from the punishment register and other necessary information to a request for extradition and ascertain whether criminal proceedings have been initiated with regard to the person in Estonia.

(4) The Public Prosecutor's Office shall send a request for extradition which meets the requirements, and the additional materials specified in subsection (3) of this section to the court immediately.

§ 446. Jurisdiction over verification of legal admissibility of extradition

Verification of the legal admissibility of the extradition of a person to a foreign state falls within the jurisdiction of the Harju County Court.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 447. Provisional custody

(1) If the legal admissibility of the extradition of a person to a foreign state is recognised, provisional custody may be applied with regard to the person at the request of the Public Prosecutor's Office.

(2) In cases of urgency, a preliminary investigation judge may apply provisional custody at the request of the Public Prosecutor's Office before the arrival of the request for extradition if the requesting state has :

1) assured that an arrest warrant has been issued or a judgment of conviction has entered into force with regard to the person in the requesting state ;
2) assumed the obligation to immediately dispatch the request for extradition.

(3) A person may be detained pursuant to the procedure provided for in subsection 217 (1) of this Code before the arrival of the request for extradition on the basis of an application for an arrest warrant submitted through the International Criminal Police Organisation (Interpol) or a notice on a wanted person in the Schengen Information System.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(4) Provisional custody shall not be applied with regard to a person if legal impediments to the extradition have become evident.

(5) A person with regard to whom provisional custody has been applied may be released if the requesting state fails to send the request for extradition within eighteen days as of the application of provisional custody with regard to the person. A person with regard to whom provisional custody has been applied shall be released if the request for extradition does not arrive within forty days as of the application of provisional custody.

(6) Release of a person from provisional custody in the cases provided for in subsection (5) of this section does not preclude application of provisional custody with regard to him or her and his or her extradition upon subsequent arrival of the request for extradition.

(7) A person shall not be kept under provisional custody for more than one year. A preliminary investigation judge may extend the one-year term of keeping in custody at the request of the Chief Public Prosecutor only in exceptional cases.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(8) A ruling on provisional custody may be contested pursuant to the procedure provided for in Chapter 15 of this Code.

§ 448. Participation of counsel in extradition proceedings

(1) The counsel in an extradition proceeding must be an advocate.

(2) Participation of a counsel in an extradition proceeding is mandatory as of the detention of the person on the basis of subsection 447 (3) of this Code.

§ 449. Simplified extradition procedure

(1) An alien may be extradited to the requesting state pursuant to the simplified procedure without verification of the legal admissibility of the extradition, on the basis of a written consent granted by the alien in the presence of his or her counsel.

(2) A proposal to consent to extradition pursuant to the simplified procedure shall be made to the person claimed upon his or her detention. The consent shall be immediately communicated to the Minister of Justice who shall decide on the extradition of the person pursuant to the procedure provided for in § 452 of this Code.

(3) A decision of the Minister of Justice on the extradition of an alien pursuant to the simplified procedure shall be promptly forwarded to the Police and Border Guard Board for execution and to the Public Prosecutor's Office for their information. A decision by which extradition pursuant to the simplified procedure is refused shall be sent to the Public Prosecutor's Office who shall decide on the submission of a request to take over the criminal proceeding from the foreign state.
[RT I 2009, 27, 165 - entry into force 01.01.2010]

§ 450. Verification of legal admissibility of extradition in court

(1) In order to verify the legal admissibility of an extradition in court, a court hearing shall be held within ten days as of the receipt of the request for extradition by the court.

(2) A proceeding for the verification of the legal admissibility of an extradition shall be conducted by a judge sitting alone.

(3) The following persons are required to participate in a court session :

1) the public prosecutor ;
2) the Estonian citizen or the alien whose extradition is requested, if he or she has not consented to the simplified extradition procedure or if a proposal to consent to extradition pursuant to the simplified procedure has not been made to him or her upon his or her detention ;
3) the counsel of the person claimed.

(4) In a court session, the court shall :

1) explain the request for extradition and the extradition proceeding regulation, inter alia that the circumstances concerning the legal admissibility of the extradition shall be submitted to the Harju County Court or a circuit court and upon failure to submit thereof on time they shall not be heard in the extradition proceeding ;
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]
2) hear the opinions of the person claimed, his or her counsel and the public prosecutor concerning the legal admissibility of the extradition.

(5) A court may grant a term to a requesting state through the Ministry of Justice for submission of additional information.

§ 451. Decisions made upon verification of legal admissibility of extradition in court

(1) In the adjudication of a request for the extradition of a person to a foreign state, a court shall make one of the following rulings :

1) to declare the extradition legally admissible ;
2) to declare the extradition legally inadmissible.

(2) A ruling shall set out :

1) the name, personal identification code or, in the absence thereof, date of birth and place of birth of the person subject to extradition proceedings ;
2) the content of the request reviewed ;
3) the opinions of the persons who participated in the court session ;
4) the decision of the court concerning the legal admissibility of the extradition, and the reasons therefor ;
5) the decision of the court concerning provisional custody, and the reasons therefor.

(3) A copy of a ruling shall be immediately sent to the person subject to extradition proceedings, his or her counsel, the Public Prosecutor's Office and the Minister of Justice.

(4) If a court declares the extradition of a person legally admissible, the request for extradition together with the other materials of the extradition proceeding shall be sent to the Minister of Justice in addition to a copy of the ruling.

(5) If a court declares the extradition of a person legally inadmissible, a copy of the ruling together with the request for extradition and the supporting materials shall be sent to the Ministry of Justice who shall inform the requesting state thereof.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 451 1. Contestation of ruling made in upon verification of legal admissibility of extradition

(1) An appeal may be filed against a ruling on declaring extradition legally admissible or inadmissible pursuant to the procedure provided for in § 386 of this Code within ten days as of after the receipt of the ruling.

(2) An appeal against a ruling shall be submitted to the Tallinn Circuit Court through the Harju County Court.

(3) An appeal against a ruling shall be heard in a written proceeding in a circuit court within ten days as of arrival of the matter to the circuit court.

(4) A ruling of the Supreme Court is final and not subject to appeal.
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]

§ 452. Extradition decision

(1) The extradition of an Estonian citizen shall be decided by the Government of the Republic. Draft extradition decisions shall be prepared and submitted to the Government of the Republic by the Ministry of Justice.

(2) The extradition of an alien shall be decided by the Minister of Justice.

(3) A reasoned decision to grant or refuse to grant extradition shall be made immediately.

(4) A copy of a decision shall be sent to the custodial institution where the person claimed is kept under provisional custody and the decision is made known to him or her against signature.

(5) A decision on the extradition of a person enters into force unless this is appealed in accordance with § 4521 of this Code or amended as a result of a court proceeding and the decision has entered into force. A decision to refuse to extradite a person enters into force as of the making of the decision.
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]

(6) A decision on the extradition of a person which has entered into force shall be immediately sent to the Police and Border Guard Board who shall organise the execution of the decision.
[RT I 2009, 27, 165 - entry into force 01.01.2010]

(7) If extradition is refused, the person shall be released from provisional custody.

(8) The Ministry of Justice shall immediately notify a requesting state of a decision to grant or refuse to grant extradition.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 4521. Contestation of extradition decision

(1) An action against a decision on extradition of a person to a foreign state shall be filed with an administrative court within ten days after the decision on extradition was made.

(2) A court shall hear an appeal submitted according to the requirements concerning extradition within thirty days after the receipt thereof.

(3) Upon adjudication of an appeal, an administrative court shall refuse to hear circumstances concerning the legal admissibility of extradition, except in the case such circumstances could not be filed with the Harju County Court or a circuit court.

(4) An appeal against a judgment of an administrative court shall be filed with the Tallinn Circuit Court through the Harju County Court within ten days after the court judgment is made public.

(5) A circuit court shall hear an appeal submitted according to the requirements within thirty days after the receipt thereof.

(6) An appeal in cassation against a judgment of a circuit court shall be filed to the Supreme Court within ten days after the court judgment is made public.

(7) The Supreme Court shall review an appeal in cassation submitted according to the requirements within thirty days after the receipt thereof.
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]

§ 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.

§ 454. Surrender of person claimed

(1) An extradition decision which has entered into force shall be sent to the Police and Border Guard Board who shall notify the requesting state of the time and place of surrender of the person claimed and organise the surrender of the person.
[RT I 2009, 27, 165 - entry into force 01.01.2010]

(2) A person claimed may be released from provisional custody if the requesting state fails to take the person over within fifteen days after the due date for the surrender. A person claimed shall be released from provisional custody if the requesting state fails to take the person over within thirty days after the due date for the surrender.

§ 455. Extension of extradition

(1) If a state to whom a person has been extradited requests performance of procedural acts or execution of a court judgment regarding the person for an offence other than that for which he or she was extradited, such request shall be adjudicated pursuant to the provisions of §§ 438-442 of this Code.

(2) A court shall decide on the extension of extradition subject to a written proceeding on the basis of the request and the supporting documents.

(3) The provisions of subsections (1) and (2) of this section also apply if a request to extradite a person to a third state is submitted.

§ 456. Permission for transit of extradited person

(1) Permission for the transit of persons extradited by third states through the territory of the Republic of Estonia shall be granted by the Minister of Justice.

(2) A request for transit shall meet the requirements of § 442 of this Code.

(3) Permission for transit shall not be granted if :

1) the act for which the person is extradited is not punishable pursuant to the Estonian Penal Code ;
2) Estonia considers the act which is the basis for extradition to be a political offence or a military offence ;
3) death penalty may be imposed on the extradited person in the requesting state and the state has not given assurance that death penalty will not be imposed or carried out.

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 7
International Criminal Court

§ 489. Co-operation with International Criminal Court

(2) If the Public Prosecutor's Office receives an application for arrest from the International Criminal Court, the Public Prosecutor's Office shall arrange the detention of the person pursuant to the procedure provided for in § 217 of this Code and the arrest of the person pursuant to the procedure provided for in § 131 of this Code.

Rome Statute

Article 59 Arrest proceedings in the custodial State

1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.

2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:

(a) The warrant applies to that person;

(b) The person has been arrested in accordance with the proper process; and

(c) The person's rights have been respected.

3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.

4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).

5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.

6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.

7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article 89 Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.