Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national proceedings


Estonia - Criminal Procedure Code 2003 (2017) EN

Chapter 19

Division 3
Mutual Assistance in Criminal Matters

ยง 466. Temporary transfer to foreign states of persons whose personal liberty has been restricted

(1) If a person has been held in custody or imprisoned or his or her personal liberty has been restricted in any other lawful manner in Estonia, the person may, by a decision of the Minister of Justice on the basis of a request from a foreign state, be temporarily transferred to such state for the purposes of hearing the person as a witness or performing any other procedural act with his or her participation.

(2) A person may be temporarily transferred if the requesting state has assured that :

1) the person transferred will not be prosecuted and his or her fundamental rights will not be restricted in connection with any criminal offence which was committed before his or her departure from the territory of the requesting state and was not expressly specified in the summons ;
2) the person transferred shall be sent back to Estonia immediately after the performance of the procedural acts.

(3) A person will not be temporarily transferred to a foreign state if :

1) he or she does not consent to the transfer ;
2) his or her presence is necessary at criminal proceedings being carried out in Estonia ;
3) the transfer may prolong the lawful term for the restriction of his or her personal liberty ;
4) there is another good reason to refuse to transfer the person.

(4) The conditions for arrest applicable in the requesting state apply to a person transferred, and the period of his or her stay in the foreign state shall be included in the term of the punishment imposed on him or her in Estonia.

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:

(f) The temporary transfer of persons as provided in paragraph 7;