Keyword

National procedures re enforcement of sentences imposed

Estonia

Estonia - Criminal Procedure Code 2003 (2020) EN

Chapter 18ENTRY INTO FORCE AND ENFORCEMENT OF COURT DECISIONS

Division 2Enforcement of Punishments

§ 419. Enforcement and execution of sentence of community service
(1) A sentence of community service is enforced by sending the court judgment or order to the probation supervision department of the residence of the convicted offender.
(2) The head of a probation supervision department which receives a court judgment or order shall appoint a probation supervisor for the convicted offender and the duty of the probation supervisor is to monitor the community service and exercise supervision over compliance with the supervisory requirements and obligations set out in the decision.
(3) If possible, the head of a probation supervision department shall appoint the probation officer who prepared the pre-court report as the probation officer for the convicted offender.
(4) Community service specified in clause 201 (2) 1) or 202 (2) 3) of this Code is applied on the basis of the provisions of this section. If a person evades community service, the probation supervisor shall immediately submit to the Prosecutor’s Office a report on failure to perform his or her obligations.
[RT I, 05.12.2017, 1 - entry into force 01.01.2018]
(5) The procedure for preparation, execution and supervision of community service shall be established by a regulation of the Minister responsible for the area.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 419.1. Enforcement and execution of electronic surveillance
(1) A sentence of electronic surveillance is enforced by sending the decision to the probation supervision department of the residence of the convicted offender.
[RT I 2010, 44, 258 - entry into force 01.01.2011]
(2) The head of a probation supervision department which receives a decision shall appoint a probation supervisor for the convicted offender and the duty of the probation supervisor is to exercise supervision over compliance with the obligations set out in the decision.
[RT I 2010, 44, 258 - entry into force 01.01.2011]
(3) If possible, the head of a probation supervision department shall appoint the probation officer who prepared the opinion concerning release before the prescribed time.
(4) If a person violates the conditions of electronic surveillance, the probation supervisor shall immediately submit a report on failure to perform the obligations to a court.
(5) The procedure for execution of electronic surveillance and supervision over it shall be established by a regulation of the Minister responsible for the area.
[RT I 2006, 46, 333 - entry into force 01.01.2007]

§ 419.2. Enforcement of treatment
(1) For the enforcement of the addiction treatment of drug addicts and complex treatment of sex offenders, the court judgment or order shall be sent to the probation supervision department of the residence of a convicted offender which makes preparations for the administrator of the treatment and refers the convicted offender to a health care provider.
(2) If a convicted offender agrees to undertake, upon release on probation or parole in accordance with § 74, 76 or 761 of the Penal Code, to submit to the addiction treatment of drug addicts or complex treatment of sex offenders in accordance with clause 75 (2) 5) of the Penal Code during the period of probation, the procedure provided for in subsection (1) of this section shall apply.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]
(3) The procedure for preparation, execution of and supervision over addiction treatment of drug addicts and complex treatment of sex offenders shall be established by a regulation of the Minister responsible for the area.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
(4) The health care provider specified in subsection 6 (2) of the Mental Health Act provides the addiction treatment of drug addicts and complex treatment of sex offenders.
[RT I, 15.06.2012, 2 - entry into force 01.06.2013]

§ 420. Enforcement, deferral or waiver of enforcement of prohibition on activities or prohibition on business
(1) A prohibition on activities or prohibition on business is enforced when the judgement has entered into force and the convicted offender has been notified thereof and if the prohibition on activities or prohibition on business has not been deferred and enforcement of the prohibition has not been waived on the basis specified in subsection (2) of this section.
(2) The judge in charge of execution of court judgments at the county court of the residence of a convicted offender may, at the request of the offender, defer enforcement of a prohibition on activities or prohibition on business imposed as a supplementary punishment for up to six months by an order or waive enforcement of the prohibition if execution of the punishment may result in serious consequences for the convicted offender or his or her family members.
(3) Upon the application of a prohibition on business, the court shall send a copy of the judgement which has entered into force to the registrar for entering the information concerning the prohibition on business in the relevant database. If enforcement of a prohibition on business imposed as a supplementary punishment is deferred or enforcement of the prohibition is waived, the court shall send also a copy of the relevant order to the registrar for making the corresponding entry in the database.
[RT I 2008, 52, 288 - entry into force 22.12.2008]

§ 421. Enforcement of other supplementary punishments
[RT I 2007, 23, 119 - entry into force 02.01.2008]
(1) A supplementary punishment not specified in § 420 of this Code is enforced by sending the court judgment or order to the appropriate agency who shall deprive the convicted offender of the rights specified in the decision or restrict such rights and revoke or deposit the documents issued to the convicted offender for exercising such rights or apply the prohibition set out in the court decision on the convicted offender.
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]
(2) A fine to the extent of assets shall be enforced pursuant to the provisions of this Code concerning enforcement of pecuniary punishments.
(3) Expulsion shall be enforced pursuant to the procedure provided for in the Obligation to Leave and Prohibition on Entry Act.

Chapter 19INTERNATIONAL COOPERATION IN CRIMINAL PROCEEDINGS

Division 5Recognition and Compliance with Judgements of States Not Participating in Cooperation in criminal proceedings among Member States of European Union
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 482. Court procedure for recognition of foreign court judgments
(1) Recognition of a foreign court judgment shall be decided by a judge sitting alone. A court session where recognition of a foreign court judgment is heard shall be held within thirty days as of the receipt of the request by the court.
(2) If necessary, additional information is requested from a foreign state through the Ministry of Justice and a term for reply is determined.
(3) Persons not subject to the proceedings whose interests are concerned by a court judgment may be summoned to a court session if they are in Estonia. In deciding on confiscation, the participation of a third party or his or her authorised representative is mandatory.
(4) The participation of a prosecutor in a court session is mandatory.
(5) Minutes shall be taken of court sessions.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.