The Penal Code provides that offences are divided into criminal offences and misdemeanours. A criminal offence is a more serious offence, whereas a misdemeanour constitutes a minor offence. Only a court has the right to convict a person for a criminal offence, but both an extra-judicial body (e.g. the police, the Tax and Customs Board, the Environmental Inspectorate, local governments, etc.) and a court can impose punishment for a misdemeanour. The decision of an extra-judicial body can be appealed to a court, while the activities of an extra-judicial body can be appealed to the head of the respective institution.
If a person commits an act that comprises the necessary elements of both a misdemeanour and a criminal offence, the person shall be punished only for the criminal offence. However, if no punishment is imposed for a criminal offence, the person may be punished for a misdemeanour. Unlike criminal offences, aiding or instigating to a misdemeanour is not punishable. Otherwise, the person who induced a driver to pass a red light or drive faster could be convicted. In the case of a misdemeanour, only its commission is punishable.
The Penal Code provides a basis for imposing punishments for all offences. All criminal offences are provided for in the Penal Code, but misdemeanours may also be provided for in various other acts in addition to the Penal Code (e.g. the Road Traffic Act, the Customs Act, etc.). The elements of misdemeanours are divided in such a way that all acts punishable under a specific Act (e.g. the Road Traffic Act) are regulated at the end of the respective Act (thus at the end of the Traffic Act). However, regardless of the specific law from which the elements of a misdemeanour originate, the General Part of the Penal Code still serves as the basis for imposing punishments for all misdemeanours. Specific laws are, in principle, scattered Special Parts of the Penal Code. The Code of Misdemeanour Procedure lays down the rules for extra-judicial and judicial proceedings in misdemeanour cases.
Typical misdemeanours include various types of disturbances (e.g. road traffic offences, causing a fire hazard in nature, a breach of public order, etc.), offences related to tax and customs (e.g. concealment of tax liability, unreported wages, illegal conveyance of goods subject to prohibitions and restrictions to Estonia, also illegal traiding in such goods, etc), offences against the environment (e.g. illegal dumping of waste, environmental pollution, etc.).
Punishments for misdemeanours
A misdemeanour is punishable by a fine, detention or suspension of driving privileges. Both an extra-judicial body and a court have the right to impose a fine.
The fine imposed may be between 3 and 300 fine units (one fine unit equals 4 euros), so a fine of 12–1200 euros can be imposed on a natural person. A court or an extra-judicial body may impose a fine of 100–400,000 euros on a legal person who commits a misdemeanour.
Only a court has the power to impose a detention, i.e. a short-term imprisonment. A body conducting extra-judicial proceedings does not have this right, but has the right to choose whether to impose a fine for a misdemeanour or to apply to a court for the detention of the person.
The minimum term of detention is one day and the maximum term is 30 days. In the case of minors, a court can impose a term of detention of up to ten days.
Suspension of driving privileges is the principal or supplementary penalty imposed for road traffic offences. Both a court and an extra-judicial body have the power to impose this penalty.
Non-punitive forms of discipline.
Written caution procedure is applied if the violation of traffic rules was detected by an automated traffic supervision device and the person who committed the violation was not stopped and the person was not identified after the violation was detected, but also if the violation of parking regulations has been recorded on a photo or video (parking on a green area, parking by obstructing traffic, etc.).
The cautionary penalty is given to the person who was the registered owner or authorised user of the motor vehicle at the time the misdemeanour was committed. The maximum amount of the cautionary penalty is 300 euros, which is not a sanction imposed for an offence and it is not entered in the Criminal Records Database.
Information concerning a notice of fine (a cautionary fine) captured by a speed camera and information concerning the payment of a misdemeanour fine is available on the website of the Police and Border Guard Board.
You can view your outstanding cautionary fines and pay them on the cautionary fines portal of the Police and Border Guard Board.
Abridged procedure is applied in the cases set out by law upon commencing misdemeanour proceedings by an extra-judicial body, who imposes a fixed penalty to the person who committed the act that has the elements of a misdemeanour, the maximum rate of which is 100 euros.
Where the penalty is imposed on a person who is at least fourteen but less than eighteen years of age, the amount provided by law is divided by two.
**The misdemeanour investigation report is available via e-toimik.
Where to report a suspected misdemeanour
The Code of Misdemeanour Procedure sets out a list of extra-judicial bodies conducting misdemeanour proceedings, namely the Police and Border Guard Board, the Estonian Internal Security Service, the Data Protection Inspectorate, the Consumer Protection and Technical Regulatory Authority, rural municipality or city governments, the Transport Administration, the Tax and Customs Board, the Rescue Board, the Environmental Board, the Financial Supervision Authority, the Ministry of Justice and the prison, etc.
Officials of these authorities have the right to conduct misdemeanour proceedings and impose punishment on individuals for offences, so the information about misdemeanours that have been committed or are being committed must be sent to them.
When filing a complaint, you have to take into account the competence of an authority to deal with certain misdemeanours. For instance, a breach of public order (a fight taking place in front of a house at night) should be reported to the police and not to the city government. As for suspicions of payment of undeclared earnings or illicit trade in cigarettes, such offences should be reported to the Tax and Customs Board (24/7 free of charge hotline 800 4444, [email protected]) or information about stray and wandering animals must be passed on to the local government.
In the event of a traffic accident, where an individual has been injured or the parties fail to reach an agreement, please call the emergency phone number 112. If an agreement is reached, contact the insurer of the vehicle.
You can call (24/7) the national helpline at 1247 to report dangerous traffic situations, fallen trees or injured animals.
Call the emergency phone number 112 in the event of a forest fire but also in the case of intimate partner violence. The emergency phone number and helpline 1247 also provide information on what to do first to solve your problem or which other authority to contact.
The State Portal eesti.ee does not provide legal assistance. Legal portal Hugo.legal will help you find solutions to legal issues of everyday life. European e-Justice portal provides information on justice systems.
Related articles
References
Services
- Cautionary Fines Portal
- e-File - court procedure information system (e-Toimik)
- Execution proceedings commenced against a debtor