'Rule of speciality - waiver' in document 'Estonia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 2
Extradition

Subdivision 2
Procedure for Extradition of Persons to Foreign States

§ 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.

RELEVANT ROME STATUTE PROVISIONS

Article 101
Rule of speciality
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.