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Justiits- ja Digiministeerium · 10. märts 2026
Viit
1-15/42
Registreeritud
10. märts 2026
Dokumendi liik
Leping
Funktsioon
1 Ministeeriumi tegevuse korraldamine, juhtimine, planeerimine
Sari
1-15 Riigisisese koostöö edendamise kokkulepped
Toimik
1-15
Vastutaja
Aare Pere (Justiits- ja Digiministeerium, Kantsleri vastutusvaldkond, Kriminaalpoliitika valdkond, Kriminaalpoliitika osakond, Kriminaalkoostöö ja õigusloome talitus)

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  • 📎10.03.2026_1-15_42_memorandum.pdf91 KB

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2o2 1 REPuBLIc OF EsT0NIA MIN ISTRY OF JUSTICE MINIsTRY OF JUSTICE AND DIGITAL AFFAIRs FINLAND MEMORANDUM OF UNDERSTANDING between the Ministry of iustice of the Republic of Finland and the Ministry of iustice and Digital Affairs of the Republic of Estonia, concerning transfer of prisoners The Ministry of Justice of the Republic of Finland and the Ministry ofiustice and Digital Affairs of the Republic of Estonia that are bound to Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union and to the national law by which the aforementionecl Framework Decision has been transposed hereby, while underlining the importance of the goals of mutual recognition and mutual trust of the European U n ion; respecting the commitments to the effective transposition of the Framework Decision on transfer of sentenced persons (2008/909/JHA, hereinafter “the Framework Decision”); respectingfurtherthe opportunities of national discretion and more efficient ways of transfers than the minimum standard set in the referred Framework Decision; noting that Finland and Estonia have transposed the Framework Decision into their national law and will continue to make adjustments to their national law within the national discretion granted by the Framework Decision, when needed; noting also the Declaration of undersigned Ministers, dated 13 January 2026, on more effective transfer of prisoners between Finland and Estonia; have agreed to pursue the following efforts: 1. commit in the spirit of good neighbourly relations, to continue ensuring and enhancing efficient transfer of prisoners between Finland and Estonia, 2. ensure that prisoners in Finland and Estonia are informed about their right to be transferred to their home Country fl a language they understand, 3. prioritise the transfer of prisoners between Finland and Estonia whenever possible without discriminating other prisoners in the transfer process, 4. ensure that transfer of prisoners is handled expeditiously, 2(2) 5. provide the certificate referred to in the Framework Decision (EU certificate) regarding the transfer of prisoners readily translated to the language(s) of the receiving State whenever feasible, 6. make the decision on the recognition of the judgment as expeditiously as possible after the receipt of the EU certificate, including, whenever feasible, sooner than 90 days as provided by the Framework Decision, 7. explore avenues to begin preparations for the transfer proceedings even before the verdict becomes final, whenever feasible within the framework of national law, 8. organise, on a regular basis, exchange of best practices regarding the transfer of prisoners, particularly between authorities who carry out the transfer proceedings. The actors responsible for the practical implementation ofthis Memorandum of Understanding are the Prison and Probation Service of Finland and the Estonian Ministry of iustice and Digital Affairs. The impiementation ofthis Memorandum of Understanding will be discussed in meetings between high level civil servants of the corresponding Ministries of Finland and Estonia. The efforts for the implementation of this Memorandum of Understanding will be undertaken within the existing resources of the relevant authorities. This Memorandum of Understanding does not create any legally binding obligations. AlI cooperation under this Memorandum of Understanding wiIl be carried out in accordance with the Framework Decision on transfer of sentenced persons (2008/909/JHA) and other applicable European Union law and the respective laws and regulations of the two countries. This Memorandum of Understanding wiIl come into effect on the date of its signature and will remain in effect until further notice. Signed in Brussels on 6 March 2026 in two original copies in English language, both texts being equally authentic. ( Leena Meri Liisa-Ly Pakosta Minister of Justice of Finland Minister of Justice and Digital Affairs of Estonia
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