Contents of request - national law requirements


Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 19

Division 3
Mutual Assistance in Criminal Matters

ยง 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 requested state.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.