Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE
Division 5
Recognition and Execution of Judgments of Foreign Courts and Decisions of Other Authorities
§ 477. Scope of assistance
[RT I 2008, 33, 201 - entry into force 28.07.2008]
(1) In addition to the conditions provided for in § 436 of this Code, assistance shall not be provided to a requesting state in the execution of a punishment or any other sanction imposed in the requesting state if :
1) the court judgment which is the basis for the request has not entered into force ;
2) the judgment was not made by an independent and impartial court ;
3) the judgment was made on default ;
4) the right of defence was not ensured to the accused or the criminal proceedings were not conducted in a language understandable to him or her ;
5) the act for the commission of which a punishment or any other sanction was imposed is not punishable as a criminal offence pursuant to the Estonian Penal Code or the Penal Code does not prescribe such punishment or sanction, except for the offences provided for in subsection (5) of this section ;
6) an Estonian court has convicted the person on the same charges, or commencement of criminal proceedings with regard to him or her has been refused or the criminal proceedings have been terminated ;
7) pursuant to Estonian law, the limitation period for the execution of the court judgment or the decision of another authority has expired ;
8) the judgement or decision has been made with regard to a natural person who, pursuant to Estonian law, cannot be punished due to his or her age for the acts in connection of which the judgement or decision was made ;
9) the judgement or decision has been made with regard to a person who enjoys diplomatic immunity on the basis of clause 4 2) of this Code ;
10) the pecuniary punishment or fine is equal to or less than 70 euros;
[RT I 2010, 22, 108 - entry into force 01.01.2011]
11) a certificate is not produced, is incomplete or manifestly does not correspond to the court judgement or the decision of another authority.
[RT I 2008, 33, 201 - entry into force 28.07.2008]
(2) If a person has been sentenced to imprisonment in a foreign state, a request for assistance in the execution of the punishment may be satisfied if the person is a citizen of Estonia and the written consent of the person to his or her surrender in order to continue service of the punishment in Estonia has been appended to the request. The consent shall not be withdrawn.
[RT I 2008, 33, 201 - entry into force 28.07.2008]
(3) If a court judgment made with regard to a citizen of the Republic of Estonia, or an administrative act relating to such judgment contains an order to expel the person from the state immediately after his or her release from imprisonment, the person may be surrendered without his or her consent.
[RT I 2008, 33, 201 - entry into force 28.07.2008]
(4) If a judgment on confiscation made in a requesting state concerns a person not subject to the proceedings, the judgment shall not be executed if :
1) such third party has not been given the opportunity to protect his or her interests, or
2) the judgment is in conflict with a decision made in the same matter subject to civil procedure pursuant to Estonian law.
[RT I 2008, 33, 201 - entry into force 28.07.2008]
(5) Mutual recognition of pecuniary punishments and fines is permitted regardless of the punishment of the act pursuant to Estonian law if punishment is prescribed in a Member State of the European Union for the following offences :
1) participation in a criminal organisation ;
2) terrorism ;
3) trafficking in human beings ;
4) sexual exploitation of children and child pornography ;
5) illicit trafficking in narcotic drugs and psychotropic substances ;
6) illicit trafficking in weapons, ammunition and explosives ;
7) corruption ;
8) fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests ;
9) money laundering ;
10) counterfeiting currency, including of the euro ;
11) computer-related crime,
12) environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties ;
13) facilitation of unauthorised entry and residence ;
14) manslaughter, causing serious damage to health ;
15) illicit trade in human organs and tissue ;
16) kidnapping, unlawful deprivation of liberty and hostage taking ;
17) racism and xenophobia ;
18) organised or armed robbery ;
19) illicit trafficking in cultural goods, including antiques and works of art ;
20) swindling ;
21) extortion ;
22) counterfeiting and piracy of products and trafficking therein ;
23) forgery of administrative documents and trafficking therein ;
24) counterfeiting and forgery of means of payment ;
25) illicit trafficking in hormonal substances and other growth promoters ;
26) illicit trafficking in nuclear or radioactive materials ;
27) trafficking in stolen vehicles ;
28) rape ;
29) arson ;
30) criminal offences which fall within the jurisdiction of the International Criminal Court;
31) unlawful seizure of aircraft or ships ;
32) sabotage ;
33) offences against traffic regulations, including offences relating to the requirements for working, rest and driving time and safety requirements for road transport ;
34) smuggling of goods ;
35) offences against intellectual property ;
36) offences against health ;
37) offences of damage to property specified in Subdivision 2 of Division 1 of Chapter 13 of the Penal Code ;
38) theft ;
39) offences established by the issuing State and serving the purpose of implementing obligations arising from instruments adopted under the EC Treaty or under Title VI of the EU Treaty.
[RT I 2008, 33, 201 - entry into force 28.07.2008]
Conditions attached to the willingness to accept sentenced persons
EDIT.