Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS
Division 3Mutual Assistance in Criminal Matters
ยง 464. Submission of requests for assistance to foreign states
(1) Unless otherwise prescribed by an international agreement or other legislation binding on the Republic of Estonia, a request for assistance shall be submitted to the Office of the Prosecutor General which shall verify whether the request meets the requirements. The Office of the Prosecutor General shall send a request which meets the requirements to the Ministry of Justice or a central authority provided for in an international agreement or other legislation or a competent judicial authority of the foreign state.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(2) The Ministry of Justice shall immediately make a decision on the submission of or refusal to submit a request to a foreign state and notify the judicial authority which submitted the request of such decision. Refusal to submit a request shall be reasoned.
(3) In cases of urgency, a request may be submitted also through the International Criminal Police Organisation (Interpol) and communicated concurrently through the judicial authorities specified in subsection (1) of this section. The central authority responsible for the national section of the Schengen Information System has the right to add a notice in the Schengen Information System before preparing a request for assistance in order to ensure application of a measure necessary for compliance with the request for assistance.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(4) If the protection of a witness is requested, the measures of protection shall be agreed upon separately.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(5) In cases of urgency, a request for assistance in criminal offences listed in subsection 491 (2) of this Code may be submitted to a Member State of the European Union through Eurojust.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(6) In cases of urgency, Eurojust's National Member for Estonia may prepare a request for assistance regarding a criminal offence in respect of which proceedings are to be conducted in Estonia and submit it to a foreign state.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(6.1) In urgent cases, a request for assistance may be submitted to the Tax and Customs Board in the case of customs related offences.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(7) The following are competent to submit a request for assistance to foreign states:
1) in pre-court proceedings, the prosecutor conducting the proceedings;
2) in a case in court proceedings, the court or the prosecutor who represents public prosecution in court.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.