Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

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

§ 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 Estonian Penal Code.

(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 Estonian Penal Code.

(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.

(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 Estonian Penal Code.

(5 1) If a convicted offender provides proof of payment of a sum of money in part or in full, the Ministry of Justice shall consult the competent authority of the foreign state who made the decision. The part of a pecuniary punishment or fine paid in another state shall be deducted from the collectable sum of the pecuniary punishment or fine.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

(6) Pecuniary punishments, fines to the extent of assets and amounts subject to confiscation shall be converted, if necessary, into euros on the basis of the exchange rate applicable on the date of specification of the punishment.
[RT I 2010, 22, 108 - entry into force 01.01.2011]

(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.

§ 484 1. Substitution of pecuniary punishment imposed in foreign state

If a pecuniary punishment imposed in a foreign state cannot be executed, the court may substitute the punishment with the permission of the requesting state pursuant to the procedure provided for in § 70 of the Penal Code taking into account that the term of imprisonment or community service shall not exceed the maximum term prescribed in the requesting state.
[RT I 2008, 33, 201 - entry into force 28.07.2008]

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 110
Review by the Court concerning reduction of sentence
1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.
2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;
(b) The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or
(c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.