Chapter 18
ENTRY INTO FORCE AND ENFORCEMENT OF DECISIONS

Division 4
Settlement of Issues Arising in Execution of Decisions

§ 426. Release on parole

(1) The judge in charge of execution of court judgments at the county court of the place of execution of a punishment may release a convicted offender on parole after the convicted offender has served the term of punishment provided for in § 76 or 77 of the Penal Code.

(2) If a court refuses to release a convicted offender on parole it may set a term for a new hearing the issue of release which is longer or shorter than the term of one year provided for in subsection 76 (3) of the Imprisonment Act.
[RT I 2009, 39, 261 - entry into force 24.07.2009]

(3) A judge in charge of execution of court judgments may, by a ruling, waive the application of supervision of conduct with regard to a convicted offender on the basis of § 76 or 77 of the Penal Code if the convicted offender is extradited to a foreign state or expelled.

(4) A judge in charge of execution of court judgments may enforce the unserved part of the sentence if the convicted offender who has been extradited or expelled returns to the state earlier than ten years after his or her extradition or expulsion.
[RT I 2006, 46, 333 - entry into force 01.01.2007]

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

(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.

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.