Production of evidence - national procedures for ICC proceedings


Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 19

Division 3
Mutual Assistance in Criminal Matters

§ 470. Handing over of property to foreign states

(1) Handing over of property to a foreign state by Estonia on the bases provided for in § 469 of this Code shall be decided by a ruling made by a judge of the county court of the location of the property sitting alone.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

(2) A ruling shall set out :

1) the name and location of the property to be handed over, and, if possible, the name of the owner or possessor of the property ;
[RT I 2008, 19, 132 - entry into force 23.05.2008]
2) the content of the request reviewed ;
3) the content of and reasons for the ruling ;
4) the basis under procedural law ;
5) the decision of the court and the procedure for appeal.

(3) A court shall send a copy of a ruling which has entered into force to the Ministry of Justice who shall notify the requesting state of compliance with the request or refusal thereof.

(4) Handing of property over to the requesting foreign state shall be organised by the competent judicial authority.

(5) In cases of urgency, property may be seized or a search may be conducted at the request of a foreign state before receipt of the request to hand over property. The above-mentioned acts are recorded in the minutes pursuant to the procedure provided for in this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(6) Upon detaining a wanted vehicle on the basis of a request submitted through the International Criminal Police Organisation (Interpol) or a notice in the Schengen Information System, a report on detaining the vehicle shall be prepared. A vehicle shall be seized on the basis of subsection 142 (9) for two months. If a foreign state does not submit a request to hand over property during the term specified, the vehicle shall be released from seizure.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;