Chapter 18
ENTRY INTO FORCE AND ENFORCEMENT OF DECISIONS
Division 2
Enforcement of Punishments
§ 414. Enforcement of sentence of imprisonment
(1) If a convicted offender was not held in custody during the court proceedings, the county court enforcing the decision shall send a notice prepared according to the treatment plan to the convicted offender, setting out by which time and to which prison the convicted offender must appear for the service of the sentence. Such notice shall set out that in the case of failure to appear in the prison at the time specified compelled attendance shall be applied to the person pursuant to subsection (3) of this section.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(2) In the case provided for in subsection (1) of this section, the time when the convicted offender arrives in the prison is deemed to be the time of commencement of the service of the sentence of imprisonment.
(3) If a convicted offender fails to appear in the prison for the service of the sentence at the time specified, the prison shall forward a request for the imposition of compelled attendance to the Police and Border Guard Board.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
(4) Submission of a request for deferral of execution of imprisonment shall not suspend the enforcement of the execution imprisonment.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
§ 415. Deferral of enforcement of sentence of imprisonment
(1) A judge in charge of execution of court judgments may defer the enforcement of a sentence of imprisonment by a ruling :
1) by up to six months if the convicted offender suffers from a serious illness and it is impossible to provide medical treatment for him or her in the prison ;
2) by up to one year if the convicted offender is pregnant at the time of execution of the court judgment ;
[Clause 3) enters into force 01.01.2015]
3) by up to one year if the convicted offender cannot serve the sentence due to overcrowding in the prison.
[RT I 2006, 63, 466 - entry into force 01.01.2015]
(2) If a female convicted offender has a small child, the judge in charge of execution of the court judgment may defer the enforcement of the sentence of imprisonment by a ruling until the child has attained three years of age.
(3) A judge in charge of execution of court judgments may defer the enforcement of a punishment by a ruling for up to two months if immediate commencement of the service of the sentence of imprisonment would result in serious consequences for the convicted offender or his or her family members due to extraordinary circumstances.
(4) The judge in charge of execution of court judgments shall decide the deferral of enforcement of the sentence of imprisonment on the basis specified in clause (1) 1) of this section after considering the opinion of the prosecutor and the representative of the prison.
(5) A ruling on deferral of the enforcement of a sentence of imprisonment shall set out also the information specified in subsection 414 (1) of this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(6) A copy of a ruling which has entered into force shall be sent to the prison.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
§ 416. Waiver of enforcement of sentence of imprisonment
(1) A judge in charge of execution of court judgments may, by a ruling, waive the enforcement of a sentence of imprisonment for a specified term or a sentence of imprisonment imposed in substitution for another punishment pursuant to §§ 70 and 71 of the Penal Code if the convicted offender is extradited to a foreign state or expelled.
(2) A judge in charge of execution of court judgments may enforce a sentence of imprisonment for a specified term or a sentence of imprisonment imposed in substitution for another punishment pursuant to §§ 70 and 71 of the Penal Code 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.
Enforcement of sentences imposed
Enforcement of sentence of imprisonment
Enforcement of national penalties - imprisonment
EDIT.