Chapter 19
INTERNATIONAL CO-OPERATION IN CRIMINAL PROCEDURE
Division 5
Recognition and Execution of Judgments of Foreign Courts and Decisions of Other Authorities
§ 484. Specification of punishment imposed in foreign state
(1) If a court declares execution of a foreign court judgment admissible, the court shall determine the punishment to be executed in Estonia. The punishment imposed in the foreign state shall be compared to the punishment prescribed for the same act by the Estonian Penal Code.
(2) A specified punishment shall by nature as much as possible correspond to the punishment imposed in the foreign state. The court shall take into account the degree of the punishment imposed in the foreign state but the punishment shall not exceed the maximum rate prescribed by the sanction specified in the corresponding section of the Estonian Penal Code.
(3) If the term of a punishment has not been determined in a foreign state, the court shall determine the punishment in accordance with the principles of the Penal Code.
(4) It is not permitted to aggravate a punishment imposed in a foreign state.
(5) If probation is applied with regard to a person or he or she is released on parole in a foreign state, the court shall apply the provisions of the Estonian Penal Code.
(5 1) If a convicted offender provides proof of payment of a sum of money in part or in full, the Ministry of Justice shall consult the competent authority of the foreign state who made the decision. The part of a pecuniary punishment or fine paid in another state shall be deducted from the collectable sum of the pecuniary punishment or fine.
[RT I 2008, 33, 201 - entry into force 28.07.2008]
(6) Pecuniary punishments, fines to the extent of assets and amounts subject to confiscation shall be converted, if necessary, into euros on the basis of the exchange rate applicable on the date of specification of the punishment.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(7) In the specification of a punishment, the time spent in imprisonment or held in custody on the basis of § 479 of this Code in a foreign state shall be included in the term of the punishment.
§ 484 1. Substitution of pecuniary punishment imposed in foreign state
If a pecuniary punishment imposed in a foreign state cannot be executed, the court may substitute the punishment with the permission of the requesting state pursuant to the procedure provided for in § 70 of the Penal Code taking into account that the term of imprisonment or community service shall not exceed the maximum term prescribed in the requesting state.
[RT I 2008, 33, 201 - entry into force 28.07.2008]
Non-modification of sentence by State
EDIT.