Justiits- ja Digiministeerium · 10. märts 2026
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- 10. märts 2026
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- 1 Ministeeriumi tegevuse korraldamine, juhtimine, planeerimine
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- Vastutaja
- Aare Pere (Justiits- ja Digiministeerium, Kantsleri vastutusvaldkond, Kriminaalpoliitika valdkond, Kriminaalpoliitika osakond, Kriminaalkoostöö ja õigusloome talitus)
Sisu (failidest)
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