Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Естония

Трансгранично наблюдение (801)

1. MEASURE IMPLEMENTATION

Естония

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. § 472. Cross-border surveillance (1) In connection with pre-trial proceedings concerning criminal offences for which extradition is possible and where a person is kept under surveillance due to the suspicion of criminal offence or in order to help to identify the person suspected or ascertain his or her whereabouts, surveillance may be continued in the territory of another Member State party to the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990 (hereinafter Schengen Member State) where the latter has authorised cross-border surveillance in response to a request for assistance made in advance with supporting reasons. Conditions may be appended to the authorisation. (2) The Office of the Prosecutor General is competent to submit a request for cross-border surveillance to another Schengen Member State; in cases of urgency a request may be submitted by a district prosecutor's office. The Office of the Prosecutor General grants authorisation for compliance with a request for cross-border surveillance submitted to Estonia. Compliance with a request may be conditional. (3) Submission of a request for cross-border surveillance to another Schengen Member State is permitted in pre-trial proceedings concerning the criminal offences specified in subsection 1262 (2) of this Code. Estonia as a country of location shall not refuse to comply with a request if the request is submitted in connection with a criminal offence which is punishable by at least one year of imprisonment according to both, the law of the requesting state and the Penal Code of Estonia. [RT I, 29.06.2012, 2 - entry into force 01.01.2013] (4) In cases of urgency, cross-border surveillance may be commenced without prior authorisation of the country of location in pre-trial proceedings concerning the following criminal offences: 1) murder; 2) manslaughter; 3) serious offence of a sexual nature; 4) arson; 5) counterfeiting and forgery of means of payment; 6) aggravated burglary and robbery and receiving stolen goods, 7) extortion; 8) kidnapping and hostage taking; 9) trafficking in human beings; 10) illicit trafficking in narcotic drugs and psychotropic substances: 11) breach of the laws on arms and explosives; 12) wilful damage through the use of explosives; 13) illicit transportation of toxic and hazardous waste; 14) serious fraud; 15) facilitation of unauthorised entry and residence; 16) money laundering; 17) illicit trafficking in nuclear or radioactive materials; 18) participation in a criminal organisation; 19) terrorism. (5) If cross-border surveillance has been conducted in cases of urgency in pre-trial investigation of a criminal offence specified in subsection (4) of this section without prior authorisation of the country of location: 1) the country of location shall be immediately notified that an employee of the competent judicial authority of the requesting state has crossed the border and has commenced surveillance; 2) a request provided for in subsection (1) of this section which shall set out the reasons for unauthorised crossing of the border shall be immediately submitted to the country of location. (6) In cross-border surveillance: 1) the law of the country of location and the instructions of the representatives of state authority shall be complied with; 2) a document authorising cross-border surveillance shall be carried, except in the case provided for in subsection (4) of this section; 3) acting for the performance of duties shall be proved at the request of the competent authority of the country of location; 4) service weapons may be carried with the consent of the country of location and used only for self-defence; 5) private property or any other places not intended for public use shall not be entered, and the person under surveillance shall not be stopped, questioned or detained; 6) the competent judicial authority of the country of location shall be notified of each surveillance operation and an officer carrying out surveillance shall appear to give explanations upon the request of the competent judicial authority of the country of location, 7) at the request of the competent judicial authority of the country of location assistance shall be provided upon conducting criminal proceedings in the country of location; (7) Cross-border surveillance shall be terminated: 1) when the purpose of the surveillance has been achieved; 2) at the request of the country of location; 3) if within five hours as of crossing the border in order to commence cross-border surveillance pursuant to the procedure prescribed in subsection (5) of this section, the country of location has not granted authorisation for cross-border surveillance

2. LEGAL FRAMEWORK

Естония

International legal framework applicable for this measure in your Member State

MLA 2000

3. COMPETENT AUTHORITY TO:

Естония

* receive the request/decision for judicial cooperation

Prosecutor General´s Office

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Естония

Accepted languages for the request/decision

Estonian and/or English

5. EXECUTION DEADLINE

Естония

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Естония

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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