Exécution des peines d’emprisonnement dans 'Estonia - Criminal Procedure Code 2003 (2020) EN'

Chapter 18ENTRY INTO FORCE AND ENFORCEMENT OF COURT DECISIONS

Division 2Enforcement of Punishments

§ 414. Enforcement of imprisonment
(1) If a convicted offender was not held in custody during judicial 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. The 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 or the person shall be taken into custody at the request of the prison pursuant to the procedure provided for in § 429 of this Code.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
(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 an order:
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.
3) [omitted - RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(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 an order 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 an order 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) An order 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 an order 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 order and at the request of the Office of the Prosecutor General, 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:
1) the convicted offender is extradited to a foreign state or expelled;
2) the convicted offender who is an alien and who has been punished for a criminal offence in the second degree by imprisonment, has assumed an obligation to depart from the Republic of Estonia to a host country together with prohibition on entry within for the term of five to ten years, and in the estimation of the Police and the Border Guard he or she can return to the host country.
(2) It shall be taken into consideration upon waiver of enforcement of a sentence of imprisonment whether the convicted offender has remedied or has commenced to remedy the damage caused by the criminal offence and paid the costs of criminal proceedings or paid other public law claims.
(3) The Prosecutor's Office shall request an assessment of the possibility of the alien to return to the host country from the Police and Border Guard Board which shall send such assessment to the Prosecutor's Office within 30 days as of receipt of the request.
(4) Waiver of enforcement of a sentence of imprisonment pursuant to clause (1) 2) of this section, the court order shall also include the following:
1) the term of validity of the prohibition on entry imposed on the alien and the scope of application thereof;
2) the obligation of the alien to depart from the Republic of Estonia to the host country by the determined date;
3) the information concerning enforcement of the obligation to depart if the alien is held in custody or in imprisonment in Estonia or if his or her liberty is restricted in any other manner.
(5) A judge in charge of execution of court judgments may enforce, at the request of the Prosecutor's Office, a sentence of imprisonment for a specified term or a sentence of imprisonment imposed in substitution pursuant to §§ 70 and 71 of the Penal Code if the convicted offender who was extradited or expelled pursuant to clause (1) 1) of this section returns to the country before the expiry of ten years as of his or her extradition or expulsion.
(6) A judge in charge of execution of court judgments may, at the request of the Prosecutor's Office, enforce the sentence imposed on an alien to the extent not served, if the convicted offender does not perform the obligation assumed pursuant to clause (1) 2) of this section to depart from the Republic of Estonia to a host country, he or she is suspected of commission of a new criminal offence before the performance of the obligation to depart, or he or she returns to the country before the expiry of term of the prohibition on entry imposed on him or her.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]

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]

§ 476. Assistance in recognition and execution of judgments of foreign courts
Assistance may be provided to a requesting state in the execution of a punishment for an offence if a request together with the court judgment which has entered into force or an authenticated copy thereof has been submitted to the Ministry of Justice.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 477. Scope of assistance
(1) In addition to the provisions of § 436 of this Code, no assistance shall 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 by 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 Penal Code of Estonia or the Penal Code does not prescribe such punishment or sanction;
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 judgment was made on a person less than fourteen years of age;
9) the judgement or decision was made with regard to a person who enjoys immunities or privileges on the basis of clause 4 2) of this Code.
(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 granted 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 waived after making the final decision on surrender.
(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.
(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 on the basis of the Code of civil procedure pursuant to Estonian law.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 478. Proceedings 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 a court and the Office of the Prosecutor General.
(2) The surrender of or refusal to surrender a person sentenced to imprisonment shall be decided by a court.
(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 Penal Code of Estonia.
(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, 21.06.2014, 11 - entry into force 01.01.2015]

§ 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 the 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 a prosecutor and on the basis of an order 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.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 480. Participation of counsel in recognition and execution of judgments of foreign courts
(1) Participation of a counsel in the proceedings of recognition and execution of judgments of foreign courts is mandatory if the following is decided:
1) recognition of a judgment on confiscation;
2) taking a person into custody and holding a person in custody for the purpose of execution of a foreign court judgment;
3) recognition of a sentence of imprisonment imposed on a person;
4) surrender of a person for service of sentence.
(2) A person has the right to also request the participation of a defence counsel in the cases not specified in subsection (1) of this section.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 481. Jurisdiction over recognition of foreign court judgments
Harju County Court shall decide on the recognition of foreign court judgments.
[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]

§ 483. Court orders 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 orders:
1) to declare execution of the foreign court judgment admissible;
2) to declare execution of the foreign court judgment inadmissible, or
3) to terminate the proceedings, if the person has performed his or her obligations before the court session.
(2) If execution of a court judgment is not permitted, the court shall send a copy of the court order to the Ministry of Justice. The Ministry of Justice shall notify the foreign state of the refusal to execute a foreign court judgment.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 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 Penal Code of Estonia.
(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 Penal Code of Estonia.
(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 of Estonia.
(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 Penal Code of Estonia.
(6) Pecuniary punishments, fines to the extent of assets and amounts subject to confiscation shall be converted into euros on the basis of the exchange rate applicable on the date of specification of the punishment.
(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.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 485. Order on specification of judgment of foreign court
(1) A court shall decide the specification of a foreign court judgment by an order.
(2) An order 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 an order which has entered into force to the criminal records database 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 an order provided for in subsection (1) of this section by the accused, counsel, third parties and the Prosecutor’s Office.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 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.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 487. Disposal of assets received upon execution of 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) confiscated property shall be transferred to revenues of Estonia unless the parties have agreed otherwise.
[RT I, 21.06.2014, 11 - entry into force 01.01.2015]

§ 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 a 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, 21.06.2014, 11 - entry into force 01.01.2015]

Statut de Rome

Article 103 Rôle des États dans l'executino des peines d'emprisonnement

a) Les peines d'emprisonnement sont accomplies dans un État désigné par la Cour sur la liste des États qui lui ont fait savoir qu'ils étaient disposés à recevoir des condamnés.

b) Lorsqu'il déclare qu'il est disposé à recevoir des condamnés, un État peut assortir son acceptation de conditions qui doivent être agréées par la Cour et être conformes aux dispositions du présent chapitre.

c) L'État désigné dans une affaire donnée fait savoir promptement à la Cour s'il accepte ou non sa désignation.

a) L'État chargé de l'exécution avise la Cour de toute circonstance, y compris la réalisation de toute condition convenue en application du paragraphe 1, qui serait de nature à modifier sensiblement les conditions ou la durée de la détention. La Cour est avisée au moins 45 jours à l'avance de toute circonstance de ce type connue ou prévisible. Pendant ce délai, l'État chargé de l'exécution ne prend aucune mesure qui pourrait être contraire à ses obligations en vertu de l'article 110 ;

b) Si la Cour ne peut accepter les circonstances visées à l'alinéa a), elle en avise l'État chargé de l'exécution et procède conformément à l'article 104, paragraphe 1.

3. Quand elle exerce son pouvoir de désignation conformément au paragraphe 1, la Cour prend en considération :

a) Le principe selon lequel les États Parties doivent partager la responsabilité de l'exécution des peines d'emprisonnement conformément aux principes de répartition équitable énoncés dans le Règlement de procédure et de preuve ;

b) Les règles conventionnelles du droit international généralement acceptées qui régissent le traitement des détenus ;

c) Les vues de la personne condamnée ;

d) La nationalité de la personne condamnée ;

e) Toute autre circonstance relative au crime, à la situation de la personne condamnée ou à l'exécution effective de la peine, susceptible de guider le choix de l'État chargé de l'exécution.

4. Si aucun État n'est désigné comme prévu au paragraphe 1, la peine d'emprisonnement est accomplie dans un établissement pénitentiaire fourni par l'État hôte, dans les conditions définies par l'accord de siège visé à l'article 3, paragraphe 2. Dans ce cas, les dépenses afférentes à l'exécution de la peine sont à la charge de la Cour.

Article 105 Exécution de la peine

1. Sous réserve des conditions qu'un État a éventuellement formulées comme le prévoit l'article 103, paragraphe 1, alinéa b), la peine d'emprisonnement est exécutoire pour les États Parties, qui ne peuvent en aucun cas la modifier.

2. La Cour a seule le droit de se prononcer sur une demande de révision de sa décision sur la culpabilité ou la peine. L'État chargé de l'exécution n'empêche pas le condamné de présenter une telle demande.