Spans in 'Estonia - Criminal Procedure Code' tagged with 'Contents of request for arrest and surrender

'Contents of request for arrest and surrender - national law requirements' in document 'Estonia - Criminal Procedure Code'

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More information about the document 'Estonia - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 4
SECURING OF CRIMINAL PROCEEDINGS

Division 1
Preventive Measure

§ 132. Arrest warrant

(1) An arrest warrant shall set out :

1) the name and residence of the person to be taken into custody ;
2) the facts relating to the criminal offence of which the person is suspected or accused, and the legal assessment of the act ;
3) the grounds for taking into custody with a reference to §§ 130 or 429 of this Code ;
4) the reason for taking into custody.

(2) An arrest warrant shall be included in the criminal file and a copy of the warrant shall be sent to the person in custody.
[RT I 2004, 46, 329 - entry into force 01.07.2004]

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 2
Extradition

Subdivision 1
Extradition of Persons to Foreign States

§ 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.

RELEVANT ROME STATUTE PROVISIONS

Article 91
Contents of request for arrest and surrender
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.