Measure Implementation

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

Measure is possible in Estonia. § 471. International investigation teams (1) An international investigation team may be requested to be set up for a specific purpose and a limited period in the interests of efficiency of pre-trial investigation of criminal offences. The request shall set out a proposal concerning the composition of the investigation team. (11) In Estonia, the Office of the Prosecutor General and Eurojust's National Member for Estonia are competent to submit a request for setting up a joint investigation team. The Office of the Prosecutor General or Eurojust's National Member for Estonia with the permission of the Office of the Prosecutor General shall make a decision concerning setting up a joint investigation team on the basis of a proposal made to Estonia and enter into a corresponding agreement with the competent judicial authority of a foreign state. [RT I 2008, 19, 132 - entry into force 23.05.2008] (2) A joint investigation team operates pursuant to the legislation of the state in which it operates. The competent judicial authority of such state shall appoint the leader of the investigation team and ensure the organisational and technical conditions for the operation of the team. (3) With the knowledge of the leader of a joint investigation team and the consent of the competent judicial authorities of the states participating in the team, members of the team from foreign states may also perform procedural acts. (4) Where an investigation team needs procedural acts to be performed outside the state where the team operates, a member of the investigation team may request the competent investigative body of a state participating in the team to perform the procedural act in the territory of and pursuant to the procedural law of such state. (5) Information which is obtained by a member of a joint investigation team and which is not otherwise accessible to the competent authorities of the participating states may be used: 1) unconditionally for the purposes for which the joint investigation team was set up; 2) with the consent of the state which made the information available, for ascertaining facts relating to other criminal proceedings for the purposes of which the investigation team was set up. Such consent may be withheld if the information would be prejudicial to the joint investigation or if circumstances precluding provision of mutual legal assistance appear; 3) in order to prevent an immediate and serious threat to public security, and where criminal proceedings have already been initiated and use of the information is not contrary to the conditions specified in clause 2) of this subsection; 4) for other purposes by agreement between the states setting up the joint investigation team.

Legal Framework

International legal framework applicable for this measure in your Member State

MLA 2000 and 2nd Additional Protocol to CoE 1959 Convention FD 2002/465/JHA on JITs

Competent Authority

* receive the request/decision for judicial cooperation

Office of the Prosecutor General

Accepted languages

Accepted languages for the request/decision

Estonian, English

Execution deadline

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

Follow the deadlines provided by international treaties.

Concise legal practical information

Special requirements

-

Last reviewed on 20 September 2022 by EJN Secretariat

NEXT MEASURE

  • European Arrest Warrant (C.1)
  • C.1 European Arrest Warrant (for transit please see F.1)
next

Export this Judicial Cooperation Measure

File format