Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE
Division 3
Mutual Assistance in Criminal Matters
§ 460. Requirements for requests for assistance
(1) A request for assistance shall set out :
1) the name of the authority making the request ;
2) the content of the request ;
3) the name, address and, if possible, other contact details of the person with regard to whom the request is submitted ;
4) the facts relating to and the legal assessment of the criminal offence concerning which the request is submitted.
(2) The following shall be appended to a request for assistance :
1) extracts from the relevant legal acts ;
2) a translation of the request and the supporting materials into the language of the requested state.
§ 461. Prohibition on compliance with request for assistance
Compliance with a request for assistance is not permitted and shall be refused on the grounds provided for in § 436 of this Code.
§ 462. Proceedings conducted by Ministry of Justice and Public Prosecutor's Office concerning requests for assistance received from foreign states
(1) The Ministry of Justice shall verify whether a request for assistance received from a foreign state meets the requirements. A request in compliance with the requirements shall be immediately sent to the Public Prosecutor's Office.
(2) The Public Prosecutor's Office shall verify whether compliance with the request is admissible and possible and forward the request to the competent judicial authority for execution.
(2 1) In cases of urgency, a request submitted through the International Criminal Police Organisation (Interpol) or a notice in the Schengen Information System may complied with the consent of the Public Prosecutor's Office before the request for assistance is received by the Ministry of Justice.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(3) The Ministry of Justice shall forward a request for the service of a summons to the court of first instance of the residence or seat of the person for execution.
(4) If a request for assistance is submitted through Eurojust, Eurojust's National Member for Estonia shall verify whether the request for assistance meets the requirements and whether compliance with the request for assistance is admissible and possible and forward the request to the Estonian competent judicial authority for execution.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
§ 463. Compliance with requests for assistance received from foreign states
(1) Requests for assistance are complied with pursuant to this Code. At the request of a foreign state, a request may be complied with pursuant to procedural provisions different from the provisions of this Code unless this is contrary to the principles of Estonian law.
(1 1) If summoning of a person to court is required for compliance with a request for assistance, service of the summons shall be organised by the court.
[RT I 2008, 32, 198 - entry into force 15.07.2008]
(2) The materials received as a result of compliance with a request shall be sent to the Ministry of Justice through the Public Prosecutor's Office and the Ministry of Justice shall forward the materials to the requesting state.
(3) The materials received as a result of compliance with a request for assistance from a foreign state submitted through Eurojust shall be sent to the requesting state through Eurojust unless otherwise agreed with Eurojust.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
Other forms of cooperation
International assistance in criminal matters
National procedures for execution of requests for other forms of cooperation
EDIT.