Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE
Division 4
Transfer and Taking Over of Criminal Proceedings
§ 475. Taking over of criminal proceedings
(1) The Ministry of Justice shall forward a request to take over a criminal proceeding from a foreign state to the Public Prosecutor's Office who shall decide whether to take over the criminal proceeding.
(2) In addition to the cases provided for in § 436 of this Code, acceptance of a request to take over a criminal proceeding may be refused in full or in part if :
1) the suspect or accused is not an Estonian citizen or does not live permanently in Estonia ;
2) the criminal offence concerning which the request to take over the criminal proceeding is submitted is a political offence or a military offence within the meaning of the provisions of the European Convention on Extradition and the Additional Protocols thereto ;
3) the criminal offence was committed outside the territory of the requesting state ;
4) the request is in conflict with the principles of Estonian criminal procedure.
(3) A criminal matter which has been taken over shall be subject to proceeding by the county court of the residence of the accused or, in the absence of a residence, by the court in whose jurisdiction the pre-trial proceeding was completed.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
Complementarity
Deferral of case by ICC to State
EDIT.