Spans in 'Estonia - Criminal Procedure Code' tagged with 'Deferral of case by ICC to State'

'Deferral of case by ICC to State' in document 'Estonia - Criminal Procedure Code'

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More information about the keyword 'Deferral of case by ICC to State'
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 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 4
Transfer and Taking Over of Criminal Proceedings

§ 475. Taking over of criminal proceedings

(1) The Ministry of Justice shall forward a request to take over a criminal proceeding from a foreign state to the Public Prosecutor's Office who shall decide whether to take over the criminal proceeding.

(2) In addition to the cases provided for in § 436 of this Code, acceptance of a request to take over a criminal proceeding may be refused in full or in part if :

1) the suspect or accused is not an Estonian citizen or does not live permanently in Estonia ;
2) the criminal offence concerning which the request to take over the criminal proceeding is submitted is a political offence or a military offence within the meaning of the provisions of the European Convention on Extradition and the Additional Protocols thereto ;
3) the criminal offence was committed outside the territory of the requesting state ;
4) the request is in conflict with the principles of Estonian criminal procedure.

(3) A criminal matter which has been taken over shall be subject to proceeding by the county court of the residence of the accused or, in the absence of a residence, by the court in whose jurisdiction the pre-trial proceeding was completed.
[RT I 2005, 39, 308 - entry into force 01.01.2006]

RELEVANT ROME STATUTE PROVISIONS

Article 18
Preliminary rulings regarding admissibility
2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.