Enforcement of sentences of imprisonment

Estonia

Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 18
ENTRY INTO FORCE AND ENFORCEMENT OF DECISIONS

Division 2
Enforcement of Punishments

§ 414. Enforcement of sentence of imprisonment

(1) If a convicted offender was not held in custody during the court proceedings, the county court enforcing the decision shall send a notice prepared according to the treatment plan to the convicted offender, setting out by which time and to which prison the convicted offender must appear for the service of the sentence. Such notice shall set out that in the case of failure to appear in the prison at the time specified compelled attendance shall be applied to the person pursuant to subsection (3) of this section.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(2) In the case provided for in subsection (1) of this section, the time when the convicted offender arrives in the prison is deemed to be the time of commencement of the service of the sentence of imprisonment.

(3) If a convicted offender fails to appear in the prison for the service of the sentence at the time specified, the prison shall forward a request for the imposition of compelled attendance to the Police and Border Guard Board.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

(4) Submission of a request for deferral of execution of imprisonment shall not suspend the enforcement of the execution imprisonment.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

§ 415. Deferral of enforcement of sentence of imprisonment

(1) A judge in charge of execution of court judgments may defer the enforcement of a sentence of imprisonment by a ruling :

1) by up to six months if the convicted offender suffers from a serious illness and it is impossible to provide medical treatment for him or her in the prison ;
2) by up to one year if the convicted offender is pregnant at the time of execution of the court judgment ;
[Clause 3) enters into force 01.01.2015]
3) by up to one year if the convicted offender cannot serve the sentence due to overcrowding in the prison.
[RT I 2006, 63, 466 - entry into force 01.01.2015]

(2) If a female convicted offender has a small child, the judge in charge of execution of the court judgment may defer the enforcement of the sentence of imprisonment by a ruling until the child has attained three years of age.

(3) A judge in charge of execution of court judgments may defer the enforcement of a punishment by a ruling for up to two months if immediate commencement of the service of the sentence of imprisonment would result in serious consequences for the convicted offender or his or her family members due to extraordinary circumstances.

(4) The judge in charge of execution of court judgments shall decide the deferral of enforcement of the sentence of imprisonment on the basis specified in clause (1) 1) of this section after considering the opinion of the prosecutor and the representative of the prison.

(5) A ruling on deferral of the enforcement of a sentence of imprisonment shall set out also the information specified in subsection 414 (1) of this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(6) A copy of a ruling which has entered into force shall be sent to the prison.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

§ 416. Waiver of enforcement of sentence of imprisonment

(1) A judge in charge of execution of court judgments may, by a ruling, waive the enforcement of a sentence of imprisonment for a specified term or a sentence of imprisonment imposed in substitution for another punishment pursuant to §§ 70 and 71 of the Penal Code if the convicted offender is extradited to a foreign state or expelled.

(2) A judge in charge of execution of court judgments may enforce a sentence of imprisonment for a specified term or a sentence of imprisonment imposed in substitution for another punishment pursuant to §§ 70 and 71 of the Penal Code if the convicted offender who has been extradited or expelled returns to the state earlier than ten years after his or her extradition or expulsion.

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 5
Recognition and Execution of Judgments of Foreign Courts and Decisions of Other Authorities

§ 479. Taking into custody and holding in custody for purposes of execution of foreign court judgment

(1) If a request for the execution of a court judgment is received from a foreign state, the person staying in Estonia with regard to whom execution of the court judgment by which the person has been sentenced to imprisonment is requested may be taken into custody at the request of the public prosecutor and on the basis of a ruling of a preliminary investigation judge if there is reason to believe that the person evades execution of the court judgment.

(2) A person shall not be taken into custody if it is evident that execution of the court judgment is impossible.

(3) A person shall be released from custody if within three months as of his or her taking into custody the court has not made a judgment on the recognition and enforcement of the court judgment of the requesting state.

(4) An arrest warrant may be appealed by the person taken into custody, his or her counsel, or the Prosecutor's Office.

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 5
Recognition and Execution of Judgments of Foreign Courts and Decisions of Other Authorities

§ 476. Assistance in recognition and execution of judgments of foreign courts and decisions of other authorities

Assistance may be provided to a requesting state in the execution of a punishment or any other sanction imposed for an offence if a corresponding request together with the court judgment or a decision of another authority which has entered into force or an authenticated copy thereof has been submitted to the Ministry of Justice.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

§ 477. Scope of assistance
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(1) In addition to the conditions provided for in § 436 of this Code, assistance shall not be provided to a requesting state in the execution of a punishment or any other sanction imposed in the requesting state if :

1) the court judgment which is the basis for the request has not entered into force ;
2) the judgment was not made by an independent and impartial court ;
3) the judgment was made on default ;
4) the right of defence was not ensured to the accused or the criminal proceedings were not conducted in a language understandable to him or her ;
5) the act for the commission of which a punishment or any other sanction was imposed is not punishable as a criminal offence pursuant to the Estonian Penal Code or the Penal Code does not prescribe such punishment or sanction, except for the offences provided for in subsection (5) of this section ;
6) an Estonian court has convicted the person on the same charges, or commencement of criminal proceedings with regard to him or her has been refused or the criminal proceedings have been terminated ;
7) pursuant to Estonian law, the limitation period for the execution of the court judgment or the decision of another authority has expired ;
8) the judgement or decision has been made with regard to a natural person who, pursuant to Estonian law, cannot be punished due to his or her age for the acts in connection of which the judgement or decision was made ;
9) the judgement or decision has been made with regard to a person who enjoys diplomatic immunity on the basis of clause 4 2) of this Code ;
10) the pecuniary punishment or fine is equal to or less than 70 euros;
[RT I 2010, 22, 108 - entry into force 01.01.2011]
11) a certificate is not produced, is incomplete or manifestly does not correspond to the court judgement or the decision of another authority.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(2) If a person has been sentenced to imprisonment in a foreign state, a request for assistance in the execution of the punishment may be satisfied if the person is a citizen of Estonia and the written consent of the person to his or her surrender in order to continue service of the punishment in Estonia has been appended to the request. The consent shall not be withdrawn.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(3) If a court judgment made with regard to a citizen of the Republic of Estonia, or an administrative act relating to such judgment contains an order to expel the person from the state immediately after his or her release from imprisonment, the person may be surrendered without his or her consent.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(4) If a judgment on confiscation made in a requesting state concerns a person not subject to the proceedings, the judgment shall not be executed if :

1) such third party has not been given the opportunity to protect his or her interests, or
2) the judgment is in conflict with a decision made in the same matter subject to civil procedure pursuant to Estonian law.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(5) Mutual recognition of pecuniary punishments and fines is permitted regardless of the punishment of the act pursuant to Estonian law if punishment is prescribed in a Member State of the European Union for the following offences :

1) participation in a criminal organisation ;
2) terrorism ;
3) trafficking in human beings ;
4) sexual exploitation of children and child pornography ;
5) illicit trafficking in narcotic drugs and psychotropic substances ;
6) illicit trafficking in weapons, ammunition and explosives ;
7) corruption ;
8) fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests ;
9) money laundering ;
10) counterfeiting currency, including of the euro ;
11) computer-related crime,
12) environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties ;
13) facilitation of unauthorised entry and residence ;
14) manslaughter, causing serious damage to health ;
15) illicit trade in human organs and tissue ;
16) kidnapping, unlawful deprivation of liberty and hostage taking ;
17) racism and xenophobia ;
18) organised or armed robbery ;
19) illicit trafficking in cultural goods, including antiques and works of art ;
20) swindling ;
21) extortion ;
22) counterfeiting and piracy of products and trafficking therein ;
23) forgery of administrative documents and trafficking therein ;
24) counterfeiting and forgery of means of payment ;
25) illicit trafficking in hormonal substances and other growth promoters ;
26) illicit trafficking in nuclear or radioactive materials ;
27) trafficking in stolen vehicles ;
28) rape ;
29) arson ;
30) criminal offences which fall within the jurisdiction of the International Criminal Court;
31) unlawful seizure of aircraft or ships ;
32) sabotage ;
33) offences against traffic regulations, including offences relating to the requirements for working, rest and driving time and safety requirements for road transport ;
34) smuggling of goods ;
35) offences against intellectual property ;
36) offences against health ;
37) offences of damage to property specified in Subdivision 2 of Division 1 of Chapter 13 of the Penal Code ;
38) theft ;
39) offences established by the issuing State and serving the purpose of implementing obligations arising from instruments adopted under the EC Treaty or under Title VI of the EU Treaty.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

§ 478. Proceedings conducted by Ministry of Justice concerning requests for execution of court judgments submitted by foreign states

(1) The Ministry of Justice shall verify whether a request is in compliance with the requirements and has the required supporting documents and, in the case of compliance, shall immediately forward the request to the Public Prosecutor's Office.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(1 1) The central authority upon execution of a decision on pecuniary punishment or fine imposed in a foreign state is the Ministry of Justice who shall verify whether the certificate meets the requirements and shall forward the judgement together with the certificate immediately to Harju County Court and the Public Prosecutor's Office.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(2) The surrender of or refusal to surrender a person sentenced to imprisonment shall be decided by the Minister of Justice.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

(3) Execution of a court judgment by which a person has been sentenced to imprisonment in a requesting state shall be continued without amending the judgment if the term of the imprisonment imposed on the person in the requesting state corresponds to the punishment prescribed for the same criminal offence by the Estonian Penal Code.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

(4) If necessary, additional information is requested from the foreign state through the Ministry of Justice and a term for reply is determined.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 479. Taking into custody and holding in custody for purposes of execution of foreign court judgment

(1) If a request for the execution of a court judgment is received from a foreign state, the person staying in Estonia with regard to whom execution of the court judgment by which the person has been sentenced to imprisonment is requested may be taken into custody at the request of the public prosecutor and on the basis of a ruling of a preliminary investigation judge if there is reason to believe that the person evades execution of the court judgment.

(2) A person shall not be taken into custody if it is evident that execution of the court judgment is impossible.

(3) A person shall be released from custody if within three months as of his or her taking into custody the court has not made a judgment on the recognition and enforcement of the court judgment of the requesting state.

(4) An arrest warrant may be appealed by the person taken into custody, his or her counsel, or the Prosecutor's Office.

§ 480. Participation of counsel in recognition and execution of judgments of foreign courts

Participation of a counsel in recognition and execution of a judgment of a foreign court is mandatory. The counsel in recognition and execution of a judgment of a foreign court must be an advocate.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

§ 481. Jurisdiction over recognition of foreign court judgments and decisions of other authorities

The Harju County Court shall decide on the recognition of foreign court judgments and decisions of other authorities.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

§ 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 is mandatory.

(4) The participation of the punished person and a prosecutor in a court session is mandatory.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(5) Minutes shall be taken of court sessions.

§ 483. Court rulings made in recognition and enforcement of foreign court judgments

(1) In deciding on the recognition of a foreign court judgment, a court shall make one of the following rulings :
1) to declare execution of the foreign court judgment admissible, or
2) to declare execution of the foreign court judgment inadmissible.

(2) If execution of a court judgment is not permitted, the court shall send a copy of the court ruling to the Ministry of Justice. The Ministry of Justice shall notify the foreign state of the refusal to execute a foreign court judgment.

§ 484. Specification of punishment imposed in foreign state

(1) If a court declares execution of a foreign court judgment admissible, the court shall determine the punishment to be executed in Estonia. The punishment imposed in the foreign state shall be compared to the punishment prescribed for the same act by the Estonian Penal Code.

(2) A specified punishment shall by nature as much as possible correspond to the punishment imposed in the foreign state. The court shall take into account the degree of the punishment imposed in the foreign state but the punishment shall not exceed the maximum rate prescribed by the sanction specified in the corresponding section of the Estonian Penal Code.

(3) If the term of a punishment has not been determined in a foreign state, the court shall determine the punishment in accordance with the principles of the Penal Code.

(4) It is not permitted to aggravate a punishment imposed in a foreign state.

(5) If probation is applied with regard to a person or he or she is released on parole in a foreign state, the court shall apply the provisions of the Estonian Penal Code.

(5 1) If a convicted offender provides proof of payment of a sum of money in part or in full, the Ministry of Justice shall consult the competent authority of the foreign state who made the decision. The part of a pecuniary punishment or fine paid in another state shall be deducted from the collectable sum of the pecuniary punishment or fine.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(6) Pecuniary punishments, fines to the extent of assets and amounts subject to confiscation shall be converted, if necessary, into euros on the basis of the exchange rate applicable on the date of specification of the punishment.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

(7) In the specification of a punishment, the time spent in imprisonment or held in custody on the basis of § 479 of this Code in a foreign state shall be included in the term of the punishment.

§ 484 1. Substitution of pecuniary punishment imposed in foreign state

If a pecuniary punishment imposed in a foreign state cannot be executed, the court may substitute the punishment with the permission of the requesting state pursuant to the procedure provided for in § 70 of the Penal Code taking into account that the term of imprisonment or community service shall not exceed the maximum term prescribed in the requesting state.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

§ 485. Ruling on specification of judgment of foreign court

(1) A court shall decide the specification of a foreign court judgment by a ruling.

(2) A ruling shall set out the extent to which a foreign court judgment is recognised and specify the punishment to be executed in Estonia.

(3) A court shall send a copy of a ruling which has entered into force to the punishment register and the Minister of Justice. The Ministry of Justice shall notify the foreign state of compliance with the request and of the specified punishment.

(4) Appeals may be filed against a ruling provided for in subsection (1) of this section by the accused, counsel, third parties and the Prosecutor's Office.

§ 486. Execution of specified punishments

(1) Punishments shall be executed pursuant to the procedure provided by Estonian legislation.

(2) A punishment shall not be enforced if the competent authority of the foreign state gives notification that the circumstances which were the basis for imposition of the punishment have ceased to exist .

§ 487. Specifications concerning execution of pecuniary punishments, fines to the extent of assets and confiscation imposed by foreign court judgments

(1) Pecuniary punishments and fines to the extent of assets shall be enforced as payments into the revenues of the Estonian state unless the parties have agreed otherwise.

(2) The provisions of this Division apply to confiscated property unless the parties have agreed otherwise.

§ 487 1. Termination of enforcement of court judgement of foreign state

Enforcement of a court judgement of a foreign state shall be terminated immediately when the requesting state notifies of granting pardon or amnesty or a request for the conversion of the sentence or any other decision on the basis of which the court judgement cannot be enforced.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

§ 487 2. Recognition and execution of pecuniary punishments and fines imposed by other authorities of foreign states

The provisions of this Division concerning the recognition and execution of judgments of foreign courts apply to recognition and execution of pecuniary punishments or fines imposed by authorities of foreign states other than courts.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

Estonia - Penal Code 2001 (2015) EN

Part 1
GENERAL PART

Chapter 3
TYPES AND TERMS OF PUNISHMENTS

Division 1
Principal Punishments Imposed for Criminal Offences

§ 45. Imprisonment

(1) For a criminal offence, the court may impose imprisonment for a term of thirty days to twenty years, or life imprisonment.

(2) Imprisonment for a term of more than ten years or life imprisonment shall not be imposed on a person who at the time of commission of the criminal offence is less than 18 years of age.

Part 2
SPECIAL PART

Chapter 18
OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 3
Offences against Enforcement of Punishment

§ 324. Unlawful treatment of prisoners or persons in detention or custody

An official of a custodial institution who, taking advantage of his or her official position, degrades the dignity of a prisoner or a person in detention or custody, or discriminates against such person or unlawfully restricts his or her rights,
shall be punished by a pecuniary punishment or up to one year of imprisonment.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(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.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.

2.

(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;

(c) The views of the sentenced person;

(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.

Article 105 Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.