Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 1
General Provisions

§ 433. General principles

(1) International co-operation in criminal procedure comprises extradition of persons to foreign states, mutual assistance between states in criminal matters, execution of the judgments of foreign courts, taking over and transfer of criminal proceedings commenced, co-operation with the International Criminal Court and Eurojust and extradition to member states of the European Union.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 2
Extradition

Subdivision 1
Extradition of Persons to Foreign States

§ 438. Admissibility of extradition

Estonia as the requested state is entitled to extradite a person on the basis of a request for extradition if criminal proceedings have been initiated and an arrest warrant has been issued with regard to the person in the requesting state or if the person has been sentenced to imprisonment by a judgment of conviction which has entered into force.

§ 439. General conditions for extradition of persons to foreign states

(1) Extradition of a person for the purposes of continuation of the criminal proceedings concerning him or her in a foreign state is permitted if the person is suspected or accused of a criminal offence which is punishable by at least one year of imprisonment according to both the penal law of the requesting state and the Penal Code of Estonia.

(2) Extradition of a person for the purposes of execution of a judgment of conviction made with regard to him or her is permitted under the conditions provided for in subsection (1) of this section if at least four months of the sentence of imprisonment have not yet been served.

(3) If a person whose extradition is requested has committed several criminal offences and extradition is permitted for some of the criminal offences, extradition may be granted also for the other offences which do not meet the requirements specified in subsections (1) and (2) of this section.

§ 440. Circumstances precluding or restricting extradition of persons to foreign states

(1) In addition to the cases provided for in § 436 of this Code, extradition of a person to a foreign state is prohibited if :

1) the request for extradition is based on a political offence within the meaning of the Additional Protocols to the European Convention on Extradition, except in the case provided for in subsection 436 (11) of this Code ;
[RT I 2008, 19, 132 - entry into force 23.05.2008]
2) the person has been finally convicted or acquitted on the same charges in Estonia ;
3) according to the laws of the requesting state or Estonia, the limitation period for the criminal offence has expired or an amnesty precludes application of a punishment.

(2) Extradition of an Estonian citizen is not permitted if the request for extradition is based on a military offence within the meaning of the provisions of the European Convention on Extradition and the Additional Protocols thereto.

(3) If death penalty may be imposed in a requesting state as punishment for a criminal offence which is the basis for the request for extradition, the person may be extradited only on the condition that the competent authority of the requesting state has assured that death penalty will not be imposed on the person to be extradited or, if death penalty was imposed before the submission of the request for extradition, the penalty will not be carried out.

(4) A request for the extradition of a person to a foreign state may be denied if initiation of criminal proceedings on the same charges has been refused with regard to the person or if the proceedings have been terminated.

§ 441. Conflicting requests for extradition

If extradition of a person is requested by several states, the state to which the person is to be extradited shall be determined having regard, primarily, to the seriousness and place of commission of the criminal offences committed by the person, the order in which the requests were submitted, the nationality of the person claimed and the possibility of his or her subsequent extradition to a third state.

§ 442. Requirements for request for extradition of person from Republic of Estonia

(1) A request for extradition shall be prepared by the competent judicial authority of the requesting state and it shall be addressed to the Ministry of Justice of the Republic of Estonia.

(2) The following shall be appended to a request for extradition :

1) information concerning the time and place of commission of and other facts relating to the criminal offence on which the request for extradition is based, and the legal assessment of the criminal offence pursuant to the penal law of the requesting state ;
2) an extract from the penal law or any other relevant legal act of the requesting state ;
3) the original or an authenticated copy of the arrest warrant or judgment of conviction made pursuant to the procedure prescribed in the procedural law of the requesting state ;
4) if possible, a description of the person claimed, together with any other information which may enable to establish the identity of the person.


Subdivision 2 Procedure for Extradition of Persons to Foreign States

§ 443. Stages in procedure for extradition of persons to foreign states

The procedure for the extradition of a person to a foreign state is divided into the preliminary proceeding in the Ministry of Justice and the Public Prosecutor's Office, verification of the legal admissibility of the extradition in court, and deciding on extradition falling within the competence of the executive power.

§ 444. Acts of Ministry of Justice in preliminary proceedings

(1) The Ministry of Justice shall verify the compliance of a request for extradition with the requirements, and the existence of the necessary supporting documents.

(2) If necessary, the Ministry of Justice may grant a term to a requesting state for submission of additional information.

(3) A request for extradition which meets the requirements, and the supporting documents shall be immediately sent to the Public Prosecutor's Office.

§ 445. Acts of Public Prosecutor's Office in preliminary proceedings

(1) If a request for extradition submitted by a foreign state is received directly by the Public Prosecutor's Office, the Ministry of Justice shall be immediately notified of such request.

(2) If a request for extradition is received directly by the Public Prosecutor's Office, additional information may be requested without the mediation of the Ministry of Justice.

(3) The Public Prosecutor's Office shall append an excerpt from the punishment register and other necessary information to a request for extradition and ascertain whether criminal proceedings have been initiated with regard to the person in Estonia.

(4) The Public Prosecutor's Office shall send a request for extradition which meets the requirements, and the additional materials specified in subsection (3) of this section to the court immediately.

§ 446. Jurisdiction over verification of legal admissibility of extradition

Verification of the legal admissibility of the extradition of a person to a foreign state falls within the jurisdiction of the Harju County Court.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

§ 447. Provisional custody

(1) If the legal admissibility of the extradition of a person to a foreign state is recognised, provisional custody may be applied with regard to the person at the request of the Public Prosecutor's Office.

(2) In cases of urgency, a preliminary investigation judge may apply provisional custody at the request of the Public Prosecutor's Office before the arrival of the request for extradition if the requesting state has :

1) assured that an arrest warrant has been issued or a judgment of conviction has entered into force with regard to the person in the requesting state ;
2) assumed the obligation to immediately dispatch the request for extradition.

(3) A person may be detained pursuant to the procedure provided for in subsection 217 (1) of this Code before the arrival of the request for extradition on the basis of an application for an arrest warrant submitted through the International Criminal Police Organisation (Interpol) or a notice on a wanted person in the Schengen Information System.
[RT I 2008, 19, 132 - entry into force 23.05.2008]

(4) Provisional custody shall not be applied with regard to a person if legal impediments to the extradition have become evident.

(5) A person with regard to whom provisional custody has been applied may be released if the requesting state fails to send the request for extradition within eighteen days as of the application of provisional custody with regard to the person. A person with regard to whom provisional custody has been applied shall be released if the request for extradition does not arrive within forty days as of the application of provisional custody.

(6) Release of a person from provisional custody in the cases provided for in subsection (5) of this section does not preclude application of provisional custody with regard to him or her and his or her extradition upon subsequent arrival of the request for extradition.

(7) A person shall not be kept under provisional custody for more than one year. A preliminary investigation judge may extend the one-year term of keeping in custody at the request of the Chief Public Prosecutor only in exceptional cases.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(8) A ruling on provisional custody may be contested pursuant to the procedure provided for in Chapter 15 of this Code.

§ 448. Participation of counsel in extradition proceedings

(1) The counsel in an extradition proceeding must be an advocate.

(2) Participation of a counsel in an extradition proceeding is mandatory as of the detention of the person on the basis of subsection 447 (3) of this Code.

§ 449. Simplified extradition procedure

(1) An alien may be extradited to the requesting state pursuant to the simplified procedure without verification of the legal admissibility of the extradition, on the basis of a written consent granted by the alien in the presence of his or her counsel.

(2) A proposal to consent to extradition pursuant to the simplified procedure shall be made to the person claimed upon his or her detention. The consent shall be immediately communicated to the Minister of Justice who shall decide on the extradition of the person pursuant to the procedure provided for in § 452 of this Code.

(3) A decision of the Minister of Justice on the extradition of an alien pursuant to the simplified procedure shall be promptly forwarded to the Police and Border Guard Board for execution and to the Public Prosecutor's Office for their information. A decision by which extradition pursuant to the simplified procedure is refused shall be sent to the Public Prosecutor's Office who shall decide on the submission of a request to take over the criminal proceeding from the foreign state.
[RT I 2009, 27, 165 - entry into force 01.01.2010]

§ 450. Verification of legal admissibility of extradition in court

(1) In order to verify the legal admissibility of an extradition in court, a court hearing shall be held within ten days as of the receipt of the request for extradition by the court.

(2) A proceeding for the verification of the legal admissibility of an extradition shall be conducted by a judge sitting alone.

(3) The following persons are required to participate in a court session :

1) the public prosecutor ;
2) the Estonian citizen or the alien whose extradition is requested, if he or she has not consented to the simplified extradition procedure or if a proposal to consent to extradition pursuant to the simplified procedure has not been made to him or her upon his or her detention ;
3) the counsel of the person claimed.

(4) In a court session, the court shall :

1) explain the request for extradition and the extradition proceeding regulation, inter alia that the circumstances concerning the legal admissibility of the extradition shall be submitted to the Harju County Court or a circuit court and upon failure to submit thereof on time they shall not be heard in the extradition proceeding ;
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]
2) hear the opinions of the person claimed, his or her counsel and the public prosecutor concerning the legal admissibility of the extradition.

(5) A court may grant a term to a requesting state through the Ministry of Justice for submission of additional information.

§ 451. Decisions made upon verification of legal admissibility of extradition in court

(1) In the adjudication of a request for the extradition of a person to a foreign state, a court shall make one of the following rulings :

1) to declare the extradition legally admissible ;
2) to declare the extradition legally inadmissible.

(2) A ruling shall set out :

1) the name, personal identification code or, in the absence thereof, date of birth and place of birth of the person subject to extradition proceedings ;
2) the content of the request reviewed ;
3) the opinions of the persons who participated in the court session ;
4) the decision of the court concerning the legal admissibility of the extradition, and the reasons therefor ;
5) the decision of the court concerning provisional custody, and the reasons therefor.

(3) A copy of a ruling shall be immediately sent to the person subject to extradition proceedings, his or her counsel, the Public Prosecutor's Office and the Minister of Justice.

(4) If a court declares the extradition of a person legally admissible, the request for extradition together with the other materials of the extradition proceeding shall be sent to the Minister of Justice in addition to a copy of the ruling.

(5) If a court declares the extradition of a person legally inadmissible, a copy of the ruling together with the request for extradition and the supporting materials shall be sent to the Ministry of Justice who shall inform the requesting state thereof.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 451 1. Contestation of ruling made in upon verification of legal admissibility of extradition

(1) An appeal may be filed against a ruling on declaring extradition legally admissible or inadmissible pursuant to the procedure provided for in § 386 of this Code within ten days as of after the receipt of the ruling.

(2) An appeal against a ruling shall be submitted to the Tallinn Circuit Court through the Harju County Court.

(3) An appeal against a ruling shall be heard in a written proceeding in a circuit court within ten days as of arrival of the matter to the circuit court.

(4) A ruling of the Supreme Court is final and not subject to appeal.
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]

§ 452. Extradition decision

(1) The extradition of an Estonian citizen shall be decided by the Government of the Republic. Draft extradition decisions shall be prepared and submitted to the Government of the Republic by the Ministry of Justice.

(2) The extradition of an alien shall be decided by the Minister of Justice.

(3) A reasoned decision to grant or refuse to grant extradition shall be made immediately.

(4) A copy of a decision shall be sent to the custodial institution where the person claimed is kept under provisional custody and the decision is made known to him or her against signature.

(5) A decision on the extradition of a person enters into force unless this is appealed in accordance with § 4521 of this Code or amended as a result of a court proceeding and the decision has entered into force. A decision to refuse to extradite a person enters into force as of the making of the decision.
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]

(6) A decision on the extradition of a person which has entered into force shall be immediately sent to the Police and Border Guard Board who shall organise the execution of the decision.
[RT I 2009, 27, 165 - entry into force 01.01.2010]

(7) If extradition is refused, the person shall be released from provisional custody.

(8) The Ministry of Justice shall immediately notify a requesting state of a decision to grant or refuse to grant extradition.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

§ 4521. Contestation of extradition decision

(1) An action against a decision on extradition of a person to a foreign state shall be filed with an administrative court within ten days after the decision on extradition was made.

(2) A court shall hear an appeal submitted according to the requirements concerning extradition within thirty days after the receipt thereof.

(3) Upon adjudication of an appeal, an administrative court shall refuse to hear circumstances concerning the legal admissibility of extradition, except in the case such circumstances could not be filed with the Harju County Court or a circuit court.

(4) An appeal against a judgment of an administrative court shall be filed with the Tallinn Circuit Court through the Harju County Court within ten days after the court judgment is made public.

(5) A circuit court shall hear an appeal submitted according to the requirements within thirty days after the receipt thereof.

(6) An appeal in cassation against a judgment of a circuit court shall be filed to the Supreme Court within ten days after the court judgment is made public.

(7) The Supreme Court shall review an appeal in cassation submitted according to the requirements within thirty days after the receipt thereof.
[RT I, 23.02.2011, 3 - entry into force 01.01.2012]

§ 453. Postponement of extradition and temporary extradition

(1) The Ministry of Justice may, on the proposal of the Public Prosecutor's Office, postpone the execution of an extradition decision which has entered into force if postponement is necessary for the purposes of the criminal proceeding conducted in Estonia with regard to the person claimed or for the purposes of execution of a court judgment made with regard to him or her.

(2) By agreement with a requesting state, a person whose extradition has been postponed may be temporarily extradited to the requesting state.

§ 454. Surrender of person claimed

(1) An extradition decision which has entered into force shall be sent to the Police and Border Guard Board who shall notify the requesting state of the time and place of surrender of the person claimed and organise the surrender of the person.
[RT I 2009, 27, 165 - entry into force 01.01.2010]

(2) A person claimed may be released from provisional custody if the requesting state fails to take the person over within fifteen days after the due date for the surrender. A person claimed shall be released from provisional custody if the requesting state fails to take the person over within thirty days after the due date for the surrender.

§ 455. Extension of extradition

(1) If a state to whom a person has been extradited requests performance of procedural acts or execution of a court judgment regarding the person for an offence other than that for which he or she was extradited, such request shall be adjudicated pursuant to the provisions of §§ 438-442 of this Code.

(2) A court shall decide on the extension of extradition subject to a written proceeding on the basis of the request and the supporting documents.

(3) The provisions of subsections (1) and (2) of this section also apply if a request to extradite a person to a third state is submitted.

§ 456. Permission for transit of extradited person

(1) Permission for the transit of persons extradited by third states through the territory of the Republic of Estonia shall be granted by the Minister of Justice.

(2) A request for transit shall meet the requirements of § 442 of this Code.

(3) Permission for transit shall not be granted if :

1) the act for which the person is extradited is not punishable pursuant to the Estonian Penal Code ;
2) Estonia considers the act which is the basis for extradition to be a political offence or a military offence ;
3) death penalty may be imposed on the extradited person in the requesting state and the state has not given assurance that death penalty will not be imposed or carried out.

Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.