Chapter 1
GENERAL PROVISIONS

§ 4. Applicability of criminal procedural law by reason of person concerned

Criminal procedural law applies equally to all persons with the following exceptions :

1) the specifications concerning preparation of a statement of charges and the performance of certain procedural acts with regard to members of the Riigikogu, the President of the Republic, members of the Government of the Republic, the Auditor General, the Chancellor of Justice and the Chief Justice and justices of the Supreme Court are provided for in Chapter 14 of this Code ;

2) Estonian criminal procedural law may be applied to a person enjoying diplomatic immunity or other privileges prescribed by an international agreement at the request of a foreign state, taking into account the specifications provided for in an international agreement.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

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

§ 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 :

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 ;

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 7
International Criminal Court

§ 489. Co-operation with International Criminal Court

(1) Co-operation with the International Criminal Court shall be carried out pursuant to this Code unless otherwise provided by an international agreement.

Article 27
Irrelevance of official capacity
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.