Estonia

Code of Criminal Procedure

Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE

Division 2
Extradition

Subdivision 2
Procedure for Extradition of Persons to Foreign States

ยง 447. Provisional custody

(5) A person with regard to whom provisional custody has been applied may be released if the requesting state fails to send the request for extradition within eighteen days as of the application of provisional custody with regard to the person. A person with regard to whom provisional custody has been applied shall be released if the request for extradition does not arrive within forty days as of the application of provisional custody.

(6) Release of a person from provisional custody in the cases provided for in subsection (5) of this section does not preclude application of provisional custody with regard to him or her and his or her extradition upon subsequent arrival of the request for extradition.

(7) A person shall not be kept under provisional custody for more than one year. A preliminary investigation judge may extend the one-year term of keeping in custody at the request of the Chief Public Prosecutor only in exceptional cases.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]

(8) A ruling on provisional custody may be contested pursuant to the procedure provided for in Chapter 15 of this Code.

Keywords

Provisional arrest - release - ICC proceedings



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