Criminal Code

Passed 7 May 1992

(RT¹ 1992, 20, 288; consolidated text RT I 2001, 73, 452),

entered into force 1 June 1992,

amended by the following Acts:

15.05.2002 entered into force 01.07.2002 - RT I 2002, 44, 284;

20.03.2002 entered into force 18.04.2002 - RT I 2002, 32, 189;

13.03.2002 entered into force 06.04.2002 - RT I 2002, 30, 176;

17.10.2001 entered into force 01.01.2002 - RT I 2001, 87, 526;

01.10.2001 entered into force 01.11.2001 - RT I 2001, 85, 510.

(Chapters 4, 7, 8 and 11 are translated)

Chapter 4

Offences against Persons

§ 100. Murder

Murder is punishable by five to twelve years' imprisonment.

§ 101. Aggravated murder

Aggravated murder if committed:

1) for the purpose of personal gain, or

2) driven to by hooliganism, or

3) to conceal another criminal offence or facilitate commission thereof, or aggravated murder connected with rape, or

4) in connection with the performance of official or public duties by the victim, or

5) against two or more persons, or

6) in respect of a woman whom the offender knows to be pregnant, or murder of an aged person or a child, or

7) in an especially torturous or cruel manner or in a manner which threatens the lives of more than one person, or

8) by a person who has previously committed a murder, except for homicide prescribed in §§ 103 or 104 of this Code, or

9) by using an explosive device or explosive substance, is punishable by eight to fifteen years’ imprisonment or life imprisonment.

(18.12.96 entered into force 24.01.97 - RT I 1997, 5, 30; 12.11.97 entered into force 01.01.98 - RT I 1998, 86, 1461; 13.05.98 entered into force 19.06.98 - RT I 2001, 51, 756)

§ 102. Infanticide

Murder of a new-born child by the mother during delivery or immediately after delivery is punishable by up to four years' imprisonment.

§ 103. Homicide in provoked state

Homicide committed in a provoked state which is inflicted suddenly as a result of violence or grave insult by the victim is punishable by up to four years' imprisonment.

§ 104. Homicide in excess of limits of self-defence

Homicide in excess of the limits of self-defence is punishable by detention or up to two years' imprisonment.

§ 105. Causing death through negligence

Causing death through negligence is punishable by detention or up to three years' imprisonment.

§ 106. Counselling suicide

Cruel treatment or insult which results in the suicide of or an attempt to commit suicide by a person is punishable by three to eight years' imprisonment.

§ 107. Intentional causing of permanent or life-threatening bodily injury

(1) Intentional causing of bodily injury in a manner which is life-threatening or causes the loss or cessation of functioning of an organ, a mental illness, another health disorder which results in the permanent loss of not less than one third of capacity for work, miscarriage, or a permanent mutilating facial injury, is punishable by two to six years' imprisonment.

(2) Same act, if:

1) it causes the death of the victim through negligence, or

2) the commission thereof is driven by hooliganism, or

3) committed in connection with the performance of official or public duties by the victim, or

4) against two or more persons, or

5) committed in an especially torturous or cruel manner or in a manner which threatens the lives of more than one person, or

6) it is committed by a person who has previously committed a murder or intentionally caused a permanent or life-threatening bodily injury, except for homicide prescribed in sections 103 or 104 of this Code and causing of a permanent or life-threatening bodily injury prescribed in subsection 109 (1) or section 110 of this Code, is punishable by five to ten years' imprisonment.

§108. Intentional causing of serious bodily injury

(1) Intentional causing of a bodily injury in a manner which is neither life-threatening nor results in the consequences prescribed in section 107 of this Code but causes a long-term health disorder or a health disorder which results in permanent significant loss of up to one third of capacity for work, is punishable by detention or up to two years' imprisonment.

(2) Same act, if committed:

1) in connection with the performance of official or public duties by the victim, or

2) against two or more persons, or

3) committed in an especially torturous or cruel manner or in a manner which threatens the lives of more than one person, or

4) by a person who has previously committed a murder or intentionally caused a permanent or life-threatening or a serious bodily injury, except for homicide prescribed in section 103 or 104 of this Code and causing of a permanent or life-threatening or serious bodily injury prescribed in section 109 or 110 of this Code, is punishable by one to seven years' imprisonment.

§ 109. Causing of bodily harm in provoked state

Intentional causing of a serious or permanent or life-threatening bodily injury in a provoked state which is inflicted suddenly as a result of violence or grave insult by the victim, is punishable by a fine or detention.

§ 110. Causing of permanent or life-threatening bodily injury in excess of limits of self-defence

Causing of permanent or life-threatening bodily injury in excess of the limits of self-defence is punishable by a fine or detention.

§ 111. Causing of permanent or life-threatening bodily injury through negligence

Causing of permanent or life-threatening bodily injury through negligence is punishable by a fine or detention or up to six months’ imprisonment.

§ 112. (Repealed.)

§ 113. Acts of violence against persons

Intentional causing of a minor bodily injury and intentional striking, battery or other acts of violence which cause physical pain, are punishable by a fine or detention.

§ 114. Torture

Acts prescribed in section 113 of this Code, if they are committed in a torturous manner, are punishable by up to four years' imprisonment.

§ 115. Rape

(1) Sexual intercourse with a woman by violence or threat of violence or by taking advantage of the helpless situation of the victim, is punishable by two to five years' imprisonment.

(2) Rape, if committed:

1) by a person who has previous criminal record for rape, or

2) by a group of persons, or

3) rape of a minor, or

4) if it results in causing of serious bodily injury, is punishable by three to ten years' imprisonment.

(3) Rape:

1) if it results in serious consequences to the victim, or

2) rape of children, is punishable by eight to fifteen years' imprisonment.

§ 115¹. Satisfaction of sexual desire in unnatural manner

(1) Satisfaction of sexual desire in an unnatural manner by violence or threat of violence or by taking advantage of the helpless situation of the victim in the absence of elements of a criminal offence prescribed in section 118 of this Code, is punishable by up to five years' imprisonment.

(2) Same act, if it is knowingly committed against a person under the age of 16, is punishable by two to six years' imprisonment.

§ 116. Sexual intercourse with female under age of 14

An act of sexual intercourse knowingly committed by an adult with a female under the age of 14 in the absence of elements of a criminal offence prescribed in section 115 of this Code, is punishable by detention or up to four years' imprisonment.

§ 117. Indecent sexual acts towards person under age of 16

Indecent sexual acts knowingly committed towards a person under the age of 16 are punishable by detention or up to four years' imprisonment.

§ 118. Pederasty

(1) An act of pederasty committed by violence or threat of violence or by taking advantage of the helpless situation of the victim, is punishable by two to five years' imprisonment.

(2) An act of pederasty knowingly committed with a person under the age of 16 is punishable by two to ten years' imprisonment.

§ 119. Transmission of venereal diseases

(1) An act of sexual intercourse and other acts by which a person knowingly causes a danger of transmission of a venereal disease to another person are punishable by a fine or detention.

(2) Transmission of a venereal disease to another person by a person who is aware that he or she suffers from such disease, is punishable by detention or up to one year imprisonment.

(3) Acts prescribed in subsection (2) of this section, if they are committed by a person who has previous criminal record for transmission of a venereal disease to another person or for transmission of a venereal disease to two or more than two persons or to a minor, are punishable by up to three years' imprisonment.

§ 119¹. Evasion of treatment of venereal disease

Evasion of treatment of a venereal disease after a warning is given by a health care institution, is punishable by a fine or detention.

§ 119². Transmission of AIDS virus

(1) Knowingly causing a danger of transmission of AIDS virus to another person is punishable by up to five years' imprisonment.

(2) Transmission of AIDS virus to another person by a person who is aware that he or she suffers from AIDS is punishable by up to eight years' imprisonment.

§ 120. Illegal termination of pregnancy and illegal sterilisation

(1) A gynaecologist who, at the request of a pregnant woman, terminates the pregnancy of the woman later than it is permitted by law shall be punished by a fine or deprivation of the right of operation in a particular area of activity.

(2) Termination of pregnancy at the request of the pregnant woman by a person without the corresponding right arising from law to terminate pregnancy is punishable by a fine or up to two years' imprisonment.

(3) A person without the corresponding right arising from law to terminate pregnancy who, at the request of a pregnant woman, terminates a pregnancy which has lasted for more than twenty-one weeks, shall be punished by up to four years' imprisonment.

(4) Termination of pregnancy against the will of the pregnant woman is punishable by two to six years' imprisonment.

(5) Sterilisation of a person against his or her will is punishable by two to six years' imprisonment.

(25.11.98 entered into force 21.12.98 - RT I 1998, 107, 1766)

§ 120¹. Transfer of foreign ovum or embryo created therefrom to woman

Transfer of a foreign ovum or an embryo created therefrom to a woman in violation of the Artificial Insemination and Embryo Protection Act, or unsanctioned arrangement of the transfer of a foreign ovum or an embryo created therefrom, is punishable by a fine or deprivation of the right of employment in a particular position or operation in a particular area of activity.

(11.06.97 entered into force 17.07.97 - RT I 1997, 51, 824)

§ 120². Prohibited acts with embryo

The following acts performed during artificial insemination of a woman or in vitro preservation of human embryos, if such acts involve:

1) artificial fertilisation of an ovum of a woman with sperm which is selected on the basis of the sex chromosome contained therein, except in the cases where a gamete is selected in order to avoid the transmission of a serious sex-related inheritable disease to the child, or

2) substitution of the nucleus of a fertilised ovum by a somatic cell of another embryo, foetus or living or dead person in order to create a human embryo with genetic information identical to that of such embryo, foetus or living or dead person, or

3) fusion of embryos with different genetic information in order to create a single cell if at least one of the embryos is a human embryo, or fusion of a human embryo with a cell which contains genetic information different from that of the cells of the embryo and which may develop further together with the embryo, or

4) creation of an embryo capable of developing by fertilisation of a human ovum with animal sperm or animal ovum with human sperm, are punishable by a fine or deprivation of the right of employment in a particular position or operation in a particular area of activity or up to three years' imprisonment.

(11.06.97 entered into force 17.07.97 - RT I 1997, 51, 824)

§ 121. Evasion of payment of alimony to child

(1) Intentional evasion by a parent of payment of alimony ordered to a child by a court is punishable by a fine or detention.

(2) Same act, if committed by a person who has a criminal record for evasion of payment of alimony to a child, is punishable by up to one year imprisonment.

§ 122. Evasion of payment of alimony to parent

Intentional evasion by a child of payment of alimony ordered by a court to a parent who is aged or incapacitated for work is punishable by a fine or detention.

§ 123. Abuse of rights of guardianship or curatorship

Exercise of rights of guardianship or curatorship for the purpose of personal gain and to the detriment of the ward or the person under curatorship, is punishable by a fine or up to three years' imprisonment.

§ 123¹. Sale or purchase of children

Sale or purchase of children is punishable by up to seven years' imprisonment.

(10.02.94 entered into force 11.03.94 - RT I 1994, 12, 202)

§ 124. Switching or theft of children

(1) Switching or theft of children in revenge or for the purpose of personal gain or other personal reasons is punishable by up to five years' imprisonment.

(2) Same acts committed by a group, are punishable by five to eight years' imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

§ 124¹. Hostage taking

(1) Taking or holding a person hostage under a threat to kill, cause bodily injury or continue to hold the person hostage, in order to force a state, international organisation, natural or legal person or a group of persons to perform or refrain from performing certain acts as a condition for the release of the hostage, is punishable by up to ten years' imprisonment.

(2) Same acts, if they result in serious consequences or are committed against a child, are punishable by eight to fifteen years' imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

§ 124². Illegal hospitalization in psychiatric hospital

Hospitalization, knowingly, of a healthy person in a psychiatric hospital is punishable by up to three years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

§ 124³. Unlawful deprivation of liberty

(1) Unlawful deprivation of the liberty of a person is punishable by a fine or detention or up to one year imprisonment.

(2) Same act, if it involves the use of violence that is dangerous to life or health, is punishable by a fine or up to five years' imprisonment.

§ 124⁴. Inducing persons to become gene donors

Inducing a person to consent to providing a tissue sample for the purposes of genetic research by offering material remuneration or by causing damage or threatening to cause damage to the person is punishable by a fine, detention or up to one year imprisonment.

(13.12.2000 entered into force 08.01.2001 - RT I 2000, 104, 685)

§ 124⁵. Illegal conduct of human research

Conduct of medical or scientific research on a person who has not granted his or her valid consent thereto is punishable by a fine, detention or up to one year imprisonment.

(13.12.2000 entered into force 08.01.2001 - RT I 2000, 104, 685)

§ 125. Failure to provide assistance to person who is in life-threatening situation

Intentional failure to provide assistance to a person who is in a life-threatening situation, if the person is incapable of taking measures for self-preservation due to his or her helpless situation and the offender has the duty and opportunity to provide assistance, is punishable by a fine or detention.

§ 126. Failure to provide medical care to sick person

Failure of a person to provide medical care to a sick person without good reason, if the person works in medicine and has the duty and opportunity to provide medical care and his or her failure to act results in serious consequences, is punishable by up to two years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

§ 127. Failure of master of ship to provide assistance to person in danger of death on waterways

Failure of a master of a ship to provide assistance to a person in danger of death at sea or other waterways, if the assistance can be provided without serious danger to the passengers, crew or the ship and such failure to act results in serious consequences, is punishable by up to two years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

§ 128. Threatening

A threat to kill or cause permanent or life-threatening bodily injury or destruct property or cause significant damage to property, if there is reason to fear the realisation of such threat, is punishable by a fine or detention.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

(2) Same act, if it involves a threat to use an explosive device or explosive substance or other means which are dangerous to the public, is punishable by up to three years' imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

§ 128¹. Disclosure of confidential data which become known due to professional activity

Disclosure by a doctor, medical assistant, nurse, midwife, psychologist, advocate, notary or other person of confidential data relating to the descent, genetic data, artificial insemination, family or health of a person which become known to the offender due to his or her professional activity, if such disclosure violates legislation regulating the professional activity or other legislation, is punishable by a fine or deprivation of the right of employment in a particular position or operation in a particular area of activity or by detention or up to one year imprisonment.

(13.12.2000 entered into force 08.01.2001 - RT I 2000, 104, 685)

§ 129. Defamation

(1) Dissemination, knowingly, of false or embarrassing unfounded information about another person is punishable by a fine.

(2) Defamation in print or by other means accessible by several persons, or in a petition or anonymous letter submitted to a state, non-profit or other organisation, is punishable by a fine or detention.

§ 130. Insult

Degradation of the honour or dignity of another person in an improper manner is punishable by a fine or detention.

Chapter 7

Economic Criminal Offences

§ 146. (Repealed.)

§ 146¹. (Repealed.)

§ 147. Delivery of substandard products

(1) Delivery from a manufacturing, service or commercial enterprise or a mass caterer of products which are not in conformity with technical regulations or an approved recipe by a person who is responsible for the delivery of quality products, if the delivery of substandard products causes a threat to human life or health or to public security, is punishable by a fine.

(22.02.99 entered into force 01.04.99 - RT I 1999, 29, 398)

(2) Delivery of substandard products, if it results in serious consequences, is punishable by a fine or up to one year imprisonment.

§ 147¹. Substandard construction work

Erection of a building or structure which is not in conformity with the requirements for sturdiness, durability or use prescribed in the design, or grant of use of such building or structure, by a person who is responsible for quality construction, or the violation of obligations in supervision over quality construction, if the acts prescribed in this section result in serious consequences or a threat to human life or health, is punishable by a fine or up to one year imprisonment.

§ 148. Unlawful enterprise

Production or service activities in an area of activity which is subject to a special prohibition or operation without an activity licence in an area of activity in which such activity licence is required, if an administrative punishment has been imposed on the offender for such acts and in the absence of elements of criminal offence prescribed in §§ 148⁷ or 152³ of this Code, is punishable by a fine or detention.

(28.01.93 entered into force 04.02.93 - RT I 1993, 7, 103; 21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156)

§ 148¹. Violation of Taxation Act and Acts concerning tax

(1) Failure to submit information, an income tax return or documents provided by law to a tax authority or failure to submit these on time, if such acts are intentionally committed, or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to one year imprisonment.

(15.05.2002 entered into force 01.07.2002 - RT I 2002, 44, 284)

(2) Submission of false information or falsified documents to a tax authority, or presentation of false information in an income tax return, if such acts are intentionally committed, or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to three years’ imprisonment.

(15.05.2002 entered into force 01.07.2002 - RT I 2002, 44, 284)

(3) Failure to perform an order of a tax authority or failure to perform it in the manner required, if such acts are intentionally committed, or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to three years’ imprisonment.

(15.05.2002 entered into force 01.07.2002 - RT I 2002, 44, 284)

(4) Obstruction of the activities of a tax authority upon verification, if such act is intentionally committed, or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to three years’ imprisonment.

(5) Failure to pay an amount of tax due pursuant to an Act concerning a tax by a due date or payment of an amount of tax which is smaller than prescribed, if such acts are intentionally committed, or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to three years’ imprisonment.

(6) Failure to pay an amount of tax due to be withheld pursuant to an Act concerning a tax by a due date or payment of an amount of tax which is smaller than prescribed, if such acts are intentionally committed, or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to three years’ imprisonment.

(15.05.2002 entered into force 01.07.2002 - RT I 2002, 44, 284)

(7) Reduction of solvency thereof by a taxpayer or withholding agent, or failure to register oneself with an agency of a tax authority pursuant to the procedure and within the term provided by law, or concealment of one’s residence, place of employment or place of business from a tax authority, or destruction of documents with the intention to prevent or obstruct assessment or collection of taxes, if such acts are intentionally committed, or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to three years’ imprisonment.

(8) Failure to perform a duty imposed on a legal person or agency by the Taxation Act or an Act concerning a tax, if such act is intentionally committed by a competent official who is required to perform the corresponding duty, or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to three years’ imprisonment.

(9) Same acts, if committed by a person who has committed a criminal offence prescribed in subsection (1), (2), (3), (4), (5), (6), (7) or (8) of this section, and the term provided for in § 53 of this Code or subsection 25 (1) of the Punishment Register Act (RT I 1997, 87, 1467; 1998, 111, 1830; 2001, 93, 565; 2002, 32, 189) has not passed therefrom, are punishable by one to five years' imprisonment.

(10) Commission of acts prescribed in subsection (1), (2), (3), (4), (5), (6), (7) or (8) of this section if the result of such acts is 1 000 000 kroons or more unpaid taxes, is punishable by three to seven years' imprisonment.

(09.05.2000 entered into force 01.06.2000 - RT I 2000, 40, 247)

(11) A person may be fully or partly released from punishment for commitment of criminal offences prescribed in this section if he or she provides a tax authority or another competent state agency with information on the amount of tax unpaid as a result of commission of a criminal offence in writing before the commencement of tax audit or criminal proceedings and if he or she has paid the tax arrears or has commenced payment of the tax arrears.

(15.05.2002 entered into force 01.07.2002 - RT I 2002, 44, 284)

§ 148². Intentional causing of insolvency

A person who intentionally reduces his or her solvency materially or causes his or her insolvency by way of destruction, damaging or unjustified grant or assignment of assets or investment thereof in a foreign state or assumption of unjustified obligations, or a debtor who prefers one creditor to another while being aware that due to the existing or expected economic difficulties his or her acts may violate the interests of the creditor, shall be punished by a fine or detention.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

§ 148³. Concealment of assets or debts in bankruptcy or debt-collection proceedings

(1) A debtor who in bankruptcy or debt-collection proceedings conceals his or her assets or debts or knowingly submits misleading or false data concerning the assets or debts or other facts relevant to a creditor shall be punished by a fine or detention.

(2) A debtor shall be released from punishment if he or she corrects misleading or false information or otherwise prevents the occurrence of consequences which are damaging to a creditor before debtor states under oath in court that the list of his or her assets or debts is correct.

(08.01.96 entered into force 05.02.96 - RT I 1996, 6, 101)

(3) Acts prescribed in subsection (1) of this section, if they cause significant damage to a creditor or involve perjury, are punishable by a fine or up to two years' imprisonment.

§ 148⁴. Inadequate organisation of accounting

(1) Violation of the requirements provided for in legislation regulating accounting or reporting concerning the economic activities, including the commercial or financial activities, or assets of an economic unit, if such violation renders it impossible to correctly ascertain the economic performance, income, expenditure, profit, loss, debts, solvency or amount of assets of the economic unit, is punishable by a fine or deprivation of the right of employment in a particular position or operation in a particular area of activity, or up to one year imprisonment.

(17.06.93 entered into force 20.07.93 - RT I 1993, 43, 620)

(2) (Repealed - 08.01.96 entered into force 05.02.96 - RT I 1996, 6, 101)

§ 148⁵. Falsification, concealment or destruction of accounting data

(1) Falsification, concealment or destruction of accounting or reporting data concerning the economic activities, including the commercial and financial activities, or assets of an economic unit, if, as a result, it is wholly or partially impossible to ascertain the economic performance, income, expenditure, profit, loss, debts, solvency or the amount of assets of the economic unit, is punishable by a fine or deprivation of the right of employment in a particular position or operation in a particular area of activity, or up to two years' imprisonment.

(17.06.93 entered into force 20.07.93 - RT I 1993, 43, 620)

(2) (Repealed - 08.01.96 entered into force 05.02.96 - RT I 1996, 6, 101)

§ 148⁶. Submission of incorrect data

(1) Submission of knowingly incorrect data concerning the income, expenditure, profit, loss, debts or assets of an economic unit to state agencies with supervisory authority or to the committees, auditors or other competent officials appointed by such state agencies, is punishable by a fine or deprivation of the right of employment in a particular position or operation in a particular area of activity, or up to one year imprisonment.

(17.06.93 entered into force 20.07.93 - RT I 1993, 43, 620)

(2) (Repealed - 08.01.96 entered into force 05.02.96 - RT I 1996, 6, 101)

(3) A person responsible for accounting shall be wholly or partially released from a punishment imposed for the acts specified in this section or sections 148⁴ or 148⁵ of the Criminal Code if he or she, in a timely manner, notifies the police or another competent body of a falsification, concealment or destruction of accounting data which has already been carried out, is in progress or intended. Notification is deemed to be timely if the information received is or was directly beneficial to the prevention of an offence or ascertaining of the offenders.

(17.06.93 entered into force 20.07.93 - RT I 6, 1993, 43; 08.01.96 entered into force 05.02.96 - RT I 1999, 101, 210)

§ 148⁷. Violation of requirements for organisation of lotteries

Violation, upon organisation of a lottery, of the requirements for organisation of lotteries or the special conditions established by the issuer of an operating permit, or organisation of a lottery without an operating permit, if an administrative punishment has been imposed on the offender for the specified acts, is punishable by a fine or detention.

(15.06.94 entered into force 21.07.94 - RT I 1994, 50, 845)

§ 148⁸. Failure to comply with requirements of Money Laundering Prevention Act

(1) Failure by an employee of a credit or financial institution or an undertaking specified in subsection 5 (1) of the Money Laundering Prevention Act (RT I 1998, 110, 1811; 2000, 84, 533; 2001, 93, 565; 2002, 53, 336) to comply with the identification requirement provided for in the Money Laundering Prevention Act is punishable by a fine, with or without deprivation of the right of employment in a particular position or operation in a particular area of activity.

(18.10.2000 entered into force 17.11.2000 - RT I 2000, 84, 533)

(2) Intentional failure by a head or contact person of a credit or financial institution to notify the Financial Intelligence Unit of a suspicious transaction is punishable by a fine or up to one year imprisonment, with or without deprivation of the right of employment in the corresponding position or operation in the corresponding area of activity.

(3) Submission, knowingly, by a head or contact person of a credit or financial institution or an undertaking specified in subsection 5 (1) of the Money Laundering Prevention Act (RT I 1998, 110, 1811; 2000, 84, 533; 2001, 93, 565; 2002, 53, 336) of false data to the Financial Intelligence Unit is punishable by a fine or up to two years’ imprisonment, with or without deprivation of the right of employment in the corresponding position or operation in the corresponding area of activity.

(18.10.2000 entered into force 17.11.2000 - RT I 2000, 84, 533)

(4) A head, contact person or other employee of a credit or financial institution or an undertaking specified in subsection 5 (1) of the Money Laundering Prevention Act (RT I 1998, 110, 1811; 2000, 84, 533; 2001, 93, 565; 2002, 53, 336) who informs a person whose activities involve a suspicious transaction, or a third person, of the forwarding of data to the Financial Intelligence Unit, shall be punished by a fine or up to two years’ imprisonment, with or without deprivation of the right of employment in the corresponding position or operation in the corresponding area of activity.

(25.01.99 entered into force 01.07.99 - RT I 1999, 16, 267; 18.10.2000 entered into force 17.11.2000 - RT I 2000, 84, 533)

§ 148⁹. Submission of incorrect data to registrar of court register or registrar of Estonian Central Register of Securities

(14.06.2000 entered into force 01.01.2001 - RT I 2000, 57, 373)

Intentional submission of incorrect data to the registrar of the commercial register, the non-profit associations and foundations register, the ship register, the Estonian Central Register of Securities or the commercial pledge register is punishable by a fine or up to three years' imprisonment.

(11.02.98 entered into force 22.03.98 - RT I 1998, 23, 321; 14.06.2000 entered into force 01.01.2001 - RT I 2000, 57, 373)

§ 148¹⁰. Presentation of incorrect data to partners, shareholders, members or supervisory board

A member of the management board or supervisory board, or a liquidator, of a company, who intentionally presents false data concerning the financial situation of the company to the partners, shareholders or members, or a member of the management board of a company or foundation who intentionally presents false data concerning the financial situation of the company or foundation to the supervisory board, shall be punished by a fine or up to one year imprisonment.

(17.06.98 entered into force 10.07.98 - RT I 1998, 59, 941)

§ 148¹¹. Failure to comply with notification or publication obligation

A member of the management board of a private limited company or public limited company who fails to call a meeting of shareholders or a general meeting of shareholders if it is evident from the balance sheet that the assets of the company are less than one-half of the share capital or that the assets of the company are less than the minimum share capital established by law, or a member of the management board, or a liquidator, of a company, non-profit association or foundation, who fails to submit a bankruptcy petition provided by law, shall be punished by a fine or up to one year imprisonment.

(17.06.98 entered into force 10.07.98 - RT I 1998, 59, 941)

§ 148¹². Disclosure of business secrets

A member of the management board or supervisory board, or a liquidator, of a private limited company or public limited company, who unauthorisedly discloses a business secret of the company which is known to him or her, or a person who uses a business secret which is known to him or her in the specified manner shall be punished by a fine or up to one year imprisonment.

(15.02.95 entered into force 01.09.95 - RT I 1995, 26, 355)

§ 148¹³. Liability of auditor

An auditor who, in an audit report, intentionally presents incorrectly the facts which become known to him or her during the audit, shall be punished by a fine or up to one year imprisonment.

(15.02.95 entered into force 01.09.95 - RT I 1995, 26, 355)

§ 148¹⁴. Liability of fund manager of investment fund

A fund manager of an investment fund who, upon investment of the assets of the investment fund, intentionally violates the restrictions provided by law shall be punished by a fine or up to one year imprisonment.

(09.04.97 entered into force 19.05.97 - RT I 1997, 34, 535)

§ 148¹⁵. Money laundering

(1) Money laundering is punishable by a fine or detention or up to four years’ imprisonment.

(2) Same acts, if committed:

1) by a group of persons, or

2) repeatedly, are punishable by two to seven years' imprisonment.

(3) Money laundering

1) on a large-scale basis, or

2) by a criminal organisation, is punishable by three to ten years' imprisonment.

(25.01.99 entered into force 01.07.99 - RT I 1999, 16, 267)

§ 148¹⁶. Abuse of dominant position

A member of the management board, a body substituting for the management board or of the supervisory board of a legal person, who establishes unfair trading conditions, limits production, services, market, technical development or investments to the prejudice of consumers, or engages in other activities causing a direct or indirect abuse of a dominant position shall be punished by a fine or up to three years' imprisonment.

(05.06.2001 entered into force 01.10.2001 - RT I 2001, 56, 332)

§ 148¹⁷. Agreements, practices or decisions restricting competition

A member of the management board, a body substituting for the management board or of the supervisory board of a legal person, who violates a prohibition on an agreement, practice or decision, or enters into an agreement, engages in practices or makes a decision requiring an exemption without obtaining such exemption, or violates the conditions of the exemption, shall be punished by a fine or detention or up to three years' imprisonment.

(05.06.2001 entered into force 01.10.2001 - RT I 2001, 56, 332)

§ 148¹⁸. Failure to perform obligations relating to concentration

A member of the management board, a body substituting for the management board or of a supervisory board of a legal person, who fails to give notice of a concentration within the specified term or violates a prohibition on concentration or the conditions of a permission to concentrate, shall be punished by a fine or up to three years' imprisonment.

(05.06.2001 entered into force 01.10.2001 - RT I 2001, 56, 332)

§ 148¹⁹. Failure to draw clear distinction between primary and secondary activities in accounting of legal person with special or exclusive rights or in control of essential facilities

A member of the management board, a body substituting for the management board or of a supervisory board of a legal person, who engages in activities resulting in a failure to draw a clear distinction between primary and secondary activities in the accounting of a legal person with special or exclusive rights or in control of essential facilities, shall be punished by a fine or up to three years' imprisonment.

(05.06.2001 entered into force 01.10.2001 - RT I 2001, 56, 332)

§ 149. Distilling, distribution or storage of home-produced strong alcoholic beverages

Distilling or storage of fusel, mash or other home-produced strong alcoholic beverages for distribution purposes, or the manufacture or storage of an appliance used for distilling such beverages for distribution purposes, or the distribution of such alcoholic beverages or appliances, is punishable by a fine or detention or up to two years’ imprisonment.

§ 149¹. Illegal production of alcohol

(1) Illegal production of alcohol which contains more than 15 per cent of ethyl alcohol by volume for distribution purposes without an activity licence, in the absence of elements of a criminal offence prescribed in section 149 of this Code, is punishable by a fine or detention or up to two years’ imprisonment.

(2) Same acts , if committed:

1) by a group of persons, or

2) a person who has previously committed a criminal offence prescribed in subsection (1) of this section, are punishable by detention or up to three years' imprisonment.

(18.12.96 entered into force 24.01.97 - RT I 1997, 5, 30)

§ 149². Violation of procedure for handling tobacco products

Trade in or storage, warehousing or delivery of large quantities of tobacco products not marked with a revenue stamp or packaged in a sales packaging not in compliance with other requirements, is punishable by a fine or detention or up to three years’ imprisonment.

(23.11.94 entered into force 30.12.94 - RT I 1994, 91, 1529)

§ 149³. Violations related to liquid fuel with fiscal marker

(1) Removal of additives used for fiscal marking from liquid fuel with a fiscal marker or possessing, storage, transfer or offer for sale of liquid fuel obtained as a result of such removal, if the object of the act is a large quantity of liquid fuel or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to three years' imprisonment.

(2) Same acts, if committed:

1) by a group of persons, or

2) by a person who has previously committed an offence prescribed in this section, is punishable by a fine or up to five years’ imprisonment.

(15.05.2002 entered into force 01.07.2002 - RT I 2002, 44, 284)

§ 150. (Repealed.)

§ 151. Deceipt of buyers or customers

(1) An employee of a commercial enterprise, mass caterer, service enterprise or public utility who deceives a buyer or customer by inaccurate weighing, measuring or calculation or by increasing the rates or prices of services or in any other manner, if an administrative punishment has been imposed on the offender for a similar act, shall be punished by a fine or deprivation of the right of employment in a particular position or operation in a particular area of activity, or detention.

(2) Same acts, if committed:

1) by a group of persons, or

2) by a person who has a criminal record for deceiving a buyer or customer, are punishable by a fine or detention or up to one year imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

§ 151¹. (Repealed.)

§ 151². (Repealed - 21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156)

§ 151³. (Repealed - 17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

§ 151⁴. (Repealed.)

§ 151⁵. Unlawful use of national stockpiles

(1) Unauthorised use of national stockpiles, if significant damage is caused thereby or if a disciplinary or administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention.

(2) Same act, if it causes major damage or results in other serious consequences, is punishable by a fine or detention or up to five years’ imprisonment.

(23.11.94 entered into force 30.12.94 - RT I 1994, 91, 1529)

§ 152. (Repealed - 21.01.99 entered into force 15.02.99 - RT I 1999, 10 156).

§ 152¹. (Repealed.)

§ 152². (Repealed - 21.01.99 entered into force 15.02.99 - RT I 1999, 10 156).

§ 152³. Violation of rules for buying up, exportation, re-exportation or trade in metals

(1) Violation of the rules for buying up, exportation, re-exportation or trade in ferrous or non-ferrous metals or scrap or waste metal, if an administrative punishment has been imposed on the offender for a similar act, is punishable by a fine or detention or up to one year imprisonment.

(2) Same act, if committed by a person who has a criminal record for a criminal offence prescribed in subsection (1) of this section, is punishable by up to three years' imprisonment.

(3) Large-scale violation of the rules for buying up, exportation, re-exportation or trade in ferrous or non-ferrous metals or scrap or waste metal is punishable by one to five years' imprisonment.

(28.01.93 entered into force 04.02.93 - RT I 1993, 7, 103)

§ 153. (Repealed by the Republic of Estonia Supreme Council Presidium Decree of 13 December 1990.)

§ 153¹. (Repealed by the Decree of the Presidium of the Supreme Soviet of the Estonian SSR of 25 February 1977.)

§ 154. (Repealed.)

§ 154¹. Violation of right of ownership in land

Unauthorised seizure or exchange of a plot of land, or purchase, sale, pledging, grant or lease of or any other act with a plot of land in violation of a right of ownership in land is punishable by a fine.

§ 154². Violation of land use requirements or procedure for maintenance of cadastral register

(1) Violation of the requirements for the protection of land and soil or other land use requirements, or violation of the procedure for maintenance of the land cadastre, if such violation causes material damage or if a disciplinary or administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention.

(2) Same act, if it causes major damage or results in other serious consequences, is punishable by a fine or detention or up to two years’ imprisonment.

(12.10.94 entered into force 08.11.94 - RT I 1994, 74, 1324)

§ 154³. Violation of requirements for protection and use of earth’s crust

(1) Violation of the requirements for protection and use of earth’s crust, if such violation causes significant damage or if a disciplinary or administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention.

(2) Same act, if it causes major damage or results in other serious consequences, is punishable by a fine or detention or up to two years’ imprisonment.

§ 155. Illegal cutting

(1) Illegal cutting of forest, trees or shrubs, if significant damage is thereby caused to the environment or if administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to one year imprisonment.

(2) Same act:

1) if it causes major damage to the environment, or

2) by a person who has previously committed an offence prescribed in this section, is punishable by a fine or detention or up to three years’ imprisonment.

(04.04.2000 entered into force 04.05.2000 - RT I 2000, 33, 193)

§ 155¹. Intentional damaging or destruction of forest, trees or shrubs

(1) Intentional destruction or damaging of a forest, trees or shrubs which causes significant damage to the environment, is punishable by a fine or detention or up to two years’ imprisonment.

(2) Same acts, if they cause major damage to the environment, are punishable by a fine or up to three years' imprisonment.

(04.04.2000 entered into force 04.05.2000 - RT I 2000, 33, 193)

§ 155². Damaging or destruction of forest, trees or shrubs through negligence

Destruction or damaging of a forest, trees or shrubs through negligence, if major damage is thereby caused to the environment, is punishable by a fine or detention.

(04.04.2000 entered into force 04.05.2000 - RT I 2000, 33, 193)

§ 155³. Violation of requirements for transportation of timber, or transactions with right to cut standing crop and with timber, and for transfer of standing crop for cutting

Violation of the requirements for transportation of timber or of the right to cut standing crop or requirements for transactions with timber, and for the transfer of standing crop for cutting, if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to two years’ imprisonment.

(04.04.2000 entered into force 04.05.2000 - RT I 2000, 33, 193)

§ 156. Damaging of sown crop or plantation

Intentional damaging of sown crop or a fruit, berry bush or other plantation, if thereby major proprietary damage is caused intentionally or through negligence, is punishable by a fine or detention.

§ 157. Violation of requirements for protection and use of wild fauna

(1) Violation of the requirements for protection, or other requirements for hunting, fishing or use of wild game, fish or other wild fauna, if it causes significant damage to the environment or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention.

(2) Same acts, if they cause major damage to the environment, and illegal hunting or fishing in a manner which is dangerous to the public, are punishable by a fine or detention or up to one year imprisonment.

(04.04.2000 entered into force 04.05.2000 - RT I 2000, 33, 193)

§ 158. Contamination or pollution of body of water, or prohibited reduction of amount of water therein, and contamination of atmosphere air

(1) Contamination or pollution of a body of water, or prohibited reduction of the amount of water therein, if it causes significant damage, or contamination of atmosphere air, if it causes significant damage, is punishable by a fine or detention.

(2) Same act, if it causes major damage or results in other serious consequences, is punishable by a fine or detention or up to two years’ imprisonment.

§ 158¹. Destruction of fishery resources

(1) Destruction of fishery resources as a result of violation of the rules established for the protection of fishery resources, if it causes significant damage to the fishing industry, is punishable by a fine or detention or up to one year imprisonment.

(2) Same act, if it causes major damage to the fishing industry, is punishable by a fine or detention or for to two years' imprisonment.

§ 158². (Repealed.)

§ 158³. Illegal economic or research activities in exclusive economic zone

llegal research or use of natural resources in the exclusive economic zone of the Republic of Estonia, if it causes significant damage or if an administrative punishment has been imposed on the offender for a similar act, is punishable by a fine or detention or up to one year imprisonment.

§ 159. Counterfeiting or falsification of postal prepayment impressions or transport documents, and use or release for circulation of counterfeited or falsified postal prepayment impressions or transport documents

(1) Counterfeiting or falsification of postage stamps which are removed from circulation or are not in use, or identifications, reply coupons, labels, franking machine impressions or franking impressions made by a printing press which are used in the postal service, for the purpose of personal gain or use in the postal service, or regular release, knowingly, of counterfeited or falsified postal prepayment impressions for circulation, or the use thereof in the postal service, is punishable by a fine or detention.

(2) Counterfeiting or falsification of tickets of rail, waterway or other transport or transport documents for the purpose of personal gain is punishable by a fine or detention or up to one year imprisonment.

(13.05.98 entered into force 19.06.98 - RT I 1998, 51, 756)

§ 159¹. Counterfeiting or falsification of revenue stamps or storage, delivery or sale of goods with knowingly counterfeited or falsified revenue stamps

(1) Counterfeiting or falsification of revenue stamps, except for revenue stamps specified in § 159 of this Code, or storage, delivery or sale of goods with counterfeited or falsified revenue stamps, knowingly, is punishable by a fine or detention or up to one year imprisonment.

(2) Same acts, if committed on a large-scale basis or by a group of persons, are punishable by up to two years' imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

Chapter 8

Criminal Official Misconduct

§ 160. Definition of official

(1) An official is a person who has an official position in an agency, enterprise or organisation based on any form of ownership and to whom administrative, supervisory, managerial, operational or organisational functions, or functions relating to the organisation of movement of tangible assets, or functions of a representative of state authority have been assigned by the state or the owner.

(2) Upon implementation of section 164² of this Code, the persons listed in section 4 of the Anti-corruption Act (RT I 1995, 14, 170; 68, 1142) are deemed to be officials.

(19.01.95 entered into force 20.02.95 - RT I 1995, 14, 170)

§ 161. Misuse of official position

Intentional misuse by an official of his or her official position, if it causes significant damage to the rights or interests of a person, enterprise, agency or organisation which are protected by law or to national interests, is punishable by a fine or up to three years' imprisonment.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539; 08.01.96 entered into force 05.02.96 - RT I 1996, 6, 101)

§ 161¹. Abuse of authority

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

An official who illegally uses a weapon or violence or commits torturous or insulting acts against a victim while performing official duties shall be punished by up to six years' imprisonment.

§ 161². Use of inside information concerning securities of issuers and issuers of securities

A person possessing inside information who performs transactions with the securities of an issuer in the person’s own name or through a third person by using such information, releases inside information to third persons without authorisation or advises third persons to perform transactions on the basis of inside information shall be punished by a fine or detention or up to three year’s imprisonment with deprivation of the right of employment in a particular position or operation in a particular area of activity.

(17.10.2001 entered into force 01.01.2002 - RT I 2001, 87, 526)

§ 161³. Manipulation of regulated securities markets

Manipulation of regulated securities markets shall be punished by a fine or detention or up to three year's imprisonment with deprivation of the right of employment in a particular position or operation in a particular area of activity.

(17.10.2001 entered into force 01.01.2002 - RT I 2001, 87, 526)

§ 162. Negligence related to office

An official who fails to perform or performs inadequately his or her official duties due to unconscientious or careless attitude towards the duties, thereby causing major proprietary damage or other serious consequences for the rights or interests of a person, enterprise, agency or organisation which are protected by law or to national interests, shall be punished by a fine or deprivation of the right of employment in a particular position or operation in a particular area of activity, or up to one year imprisonment.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

§ 162¹. Violation of restrictions on employment, activities or procedural restrictions established by law

Violation of restrictions on employment, activities or procedural restrictions if:

1) significant proprietary damage or other serious consequence to the rights or interests of a person, the state or a local government protected by law has been caused thereby, or if

2) administrative punishment has been imposed on the offender for the same act, is punishable by up to two years' imprisonment together with deprivation of the right of employment in the particular office or operation in the particular area of activity or employment in the public service.

(07.06.2001 entered into force 03.07.2001 - RT I 2001, 58, 357)

§ 162². Failure to give notification of relationship involving risk of corruption

Failure to give notification of a relationship involving the risk of corruption if

1) significant proprietary damage or other serious consequence to the rights or interests of a person, the state or a local government protected by law has been caused thereby, or if

2) administrative punishment has been imposed on the offender for the same act, is punishable by a fine or up to one year imprisonment together with deprivation of the right of employment in the particular office or operation in the particular area of activity or employment in the public service.

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

§ 162³. Failure to perform duties related to collection, depositing or verification of declarations of economic interests

Failure to perform or unsatisfactory performance of the duties of collection, depositing or verification of declarations of economic interests by the head of an agency or another person responsible for the collection, depositing or verification of declarations of economic interests, if significant proprietary damage or other serious consequence to the rights or interests of a person, the state or a local government protected by law has been caused thereby, is punishable by up to two years' imprisonment together with deprivation of the right of employment in the particular office or operation in the particular area of activity or employment in the public service.

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

§ 163. (Repealed by the Decree of the Presidium of the Supreme Soviet of the Estonian SSR of 5 November 1962.)

§ 164. Accepting bribe

(1) An official who, personally or through an intermediary, receives property, proprietary rights or other proprietary benefits as a bribe for the performing or refraining from performing an act in the interests of the person who gives the bribe, and the official is required to perform or can perform such act using his or her official position, shall be punished by up to four years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

(2) Same acts, if committed:

1) repeatedly, or

2) by a group of persons, or

3) on a large-scale basis, or

4) using extortion, are punishable by up to seven years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

(3) A person who receives a bribe shall be released from punishment if he or she, voluntarily, is the first to submit a written notification of the events after having received property, proprietary rights or other proprietary benefits but before he or she performs or refrains from performing an act in the interests of the person who gives the bribe.

(08.01.96 entered into force 05.02.96 - RT I 1996, 6, 101)

§ 164¹. Arranging bribe

(1) Arranging a bribe is punishable by up to four years' imprisonment.

(2) Arranging a bribe, if committed: is punishable by up to seven years' imprisonment.

(3) A person who arranges a bribe shall be released from punishment if he or she arranges the bribe under extortion or if he or she, voluntarily, is the first to submit a written notification of the events after having arranged the bribe but before the person who receives the bribe performs or refrains from performing an act in the interests of the person who gives the bribe.

(08.01.96 entered into force 05.02.96 - RT I 1996, 6, 101)

§ 164². Act of corruption

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

(1) For the purposes of this Act, an act of corruption is the making of undue or unlawful decisions or performance of such acts, or failure to make reasoned and lawful decisions or perform such acts by an official through the use of his or her official position for receiving income derived from corrupt practices or other self-serving purposes.

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

(2) An act of corruption is punishable by a fine or deprivation of the right of employment in a particular position or operation in a particular area of activity, or detention.

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

(3) An act of corruption, if it causes significant damage, is punishable by a fine and deprivation of the right of employment in a particular position or operation in a particular area of activity, or up to three years' imprisonment.

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

(4) Same act, if:

1) committed repeatedly, or

2) by a group of persons, or

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

3) if it causes major damage, or

4) if committed using extortion, is punishable by up to six years’ imprisonment or deprivation of the right of employment in a particular position or operation in a particular area of activity.

(19.01.95 entered into force 20.02.95 - RT I 1995, 14, 170)

§ 164³. Submission of incomplete or false information in declaration of economic interests subject to disclosure

(1) The submission of incomplete or false information in a declaration of economic interests subject to disclosure, is punishable by a fine or detention.

(07.06.2001 entered into force 03.07.2001 - RT I 2001, 58, 357)

(2) The same act, if significant proprietary damage or other serious consequence to the rights or interests of a person, the state or a local government protected by law has been caused thereby, is punishable by a fine or up to one year imprisonment together with deprivation of the right of employment in the particular office or operation in the particular area of activity or employment in the public service.

(19.01.95 entered into force 20.02.95 - RT I 1995, 14, 170; 27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

§ 164⁴. Failure to submit declaration of economic interests not subject to disclosure, or presentation of false information therein

Failure to submit a declaration of economic interests not subject to disclosure in accordance with the requirements during the term or presentation of incomplete or false information therein if

1) significant proprietary damage or other serious consequence to the rights or interests of a person, the state or a local government protected by law has been caused thereby, or if

2) administrative punishment has been imposed on the offender for the same act, is punishable by a fine or up to one year imprisonment together with deprivation of the right of employment in the particular office or operation in the particular area of activity or employment in the public service.

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

§ 164⁵. Submission of false information to person or agency or committee which verifies declarations of economic interests

(1) The submission of incomplete or false information or failure to submit information in good time to a person or agency or the committee set out in the Anti-corruption Act which exercises lawful supervision over declarations of economic interests, is punishable by detention or up to six months’ imprisonment.

(2) The same act, if significant proprietary damage or other serious consequence to the rights or interests of a person, the state or a local government protected by law has been caused thereby, is punishable by six months to two years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

§ 164⁶. Influence peddling

The acceptance of remuneration by an official who promises to influence another official to make a decision favourable to the person who gives the remuneration, is punishable by up to two years' imprisonment.

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

§ 165. Giving bribe

(1) Giving a bribe is punishable by up to four years' imprisonment.

(2) Giving a bribe, if committed:

1) repeatedly, or

2) by a person who has a criminal record for bribery, is punishable by up to seven years' imprisonment.

(3) A person who gives a bribe shall be released from punishment if a bribe is extorted from him or her or if he or she, voluntarily, is the first to submit a written notification of the events after having given the bribe but before the person who receives the bribe performs or refrains from performing an act in the interests of the person who gives the bribe.

(08.01.96 entered into force 05.02.96 - RT I 1996, 6, 101)

§ 165¹. Giving bribe to foreign official

(1) Giving bribe to officials of foreign states or international organisations is punishable by up to four years' imprisonment.

(2) Same act, if committed:

1) repeatedly, or

2) by a person who has a criminal record for bribery, is punishable by up to seven years' imprisonment.

(3) A person who commits an act specified in subsection (1) of this section shall be released from punishment if a bribe is extorted form him or her or if he or she, voluntarily, is the first to submit a written notification of the events after having given the bribe but before the person who receives the bribe performs or refrains from performing an act in the interests of the person who gives the bribe.

(13.05.98 entered into force 19.06.98 - RT I 1998, 51, 756)

§ 166. Counterfeiting or falsification related to office

(1) Counterfeiting or falsification of a document, if such act is related to an office and significantly violates the rights or interests of a person, enterprise, agency or organisation which are protected by law or to national interests, is punishable by a fine and deprivation of the right of employment in a particular position or operation in a particular area of activity, or up to three years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

(2) Counterfeiting or falsification of an invoice, other payment document, declaration, balance sheet or other accounting document necessary for verification of the correctness of taxes, if such act is related to an office and is committed with the purpose of paying less taxes or if less taxes are paid as a result, is punishable by a fine and deprivation of the right of employment in a particular position or operation in a particular area of activity, or up to three years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

(14.12.94 entered into force 13.01.95 - RT I 1995, 5, 40)

§ 166¹. (Repealed.)

§ 166². Violation of prohibition to engage in enterprise or work in particular profession or position

Violation of a prohibition to engage in enterprise or work in a particular profession or position, if such prohibition is provided by law or imposed by a court, is punishable by a fine or up to two years' imprisonment.

(13.05.98 entered into force 19.06.98 - RT I 1998, 51, 756)

§ 166³. Unlawful acceptance of remuneration by official

The acceptance of a more than adequate remuneration determined by an Act or other legislation for the provision of services or making of decisions by an official, or acceptance of remuneration for services without charge if

1) significant proprietary damage or other serious consequence to the rights or interests of a person, the state or a local government protected by law has been caused thereby, or if

2) administrative punishment has been imposed on the offender for the same act, is punishable by up to two years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

(27.01.99 entered into force 28.02.99 - RT I 1999, 16, 276)

§ 167. Disclosure of data not subject to disclosure

An official who discloses data which do not contain state secrets but are not subject to disclosure, and thereby causes major proprietary damage or other serious consequences, shall be punished by a fine or up to two years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

§ 167¹. Violation of procedure for maintenance of state or local government databases or for use of data therein

(12.03.97 entered into force 19.04.97 - RT I 1997, 28, 423)

Violation of the procedure for maintenance of state or local government databases or for use of data therein, if the fundamental rights of a person are thereby violated or significant damage is caused to national interests, is punishable by a fine or up to two years' imprisonment.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539; 12.03.97 entered into force 19.04.97 - RT I 1999, 28, 423)

§ 167². Violation of requirements for public tenders of securities

Failure to register a public tender prospectus or a quotation prospectus beforehand with an inspectorate by a tenderer of securities or an official or employee thereof upon public tender of securities, the public tender of securities without a prospectus, failure to make a prospectus available to the public in the notice of invitation to tender or charging a fee for the prospectus, if an administrative punishment has been imposed on the offender for a similar act, shall be punished by a fine or detention with or without deprivation of the right of employment in a particular position or operation in a particular area of activity.

(17.10.2001 entered into force 01.01.2002 - RT I 2001, 87, 526)

§ 167³. Violation of requirements for disclosure and release of public information

Knowing release of incorrect public information, or knowing disclosure or release of information intended for internal use, if significant damage is thereby caused to the rights or interests of another person that are protected by law or to the public interest, is punishable by a fine or detention.

(15.11.2000 entered into force 01.01.2001 - RT I 2000, 92, 597)

§ 167⁴. Violation of requirement to notify investors on equal bases

Violation of the requirement to notify all possible investors on equal bases in the course of a public tender of securities by a tenderer of securities or an official or employee thereof, shall be punished by a fine with or without deprivation of the right of employment in a particular position or operation in a particular area of activity.

(17.10.2001 entered into force 01.01.2002 - RT I 2001, 87, 526)

§ 167⁵. Violation of requirements for takeover bid

(1) A person’s violation of an obligation to make a takeover bid if the person has not been granted consent to withdraw from making a mandatory takeover bid, shall be punished by a fine or detention or up to three years' imprisonment and deprivation of the right of employment in a particular position or operation in a particular area of activity.

(2) Unequal treatment of holders of shares of the same class in a takeover bid by a person who made the takeover bid (hereinafter offerer), failure of a person or target issuer to provide the target persons with significant, correct, accurate, complete or identical information or provision of misleading, incorrect or inaccurate information or provision of different information to different target persons for considering a takeover bid, or hindering the target persons upon consideration of a takeover bid, shall be punished by a fine or detention and deprivation of the right of employment in a particular position or operation in a particular area of activity.

(3) Violation of the rules for takeover bid or the provisions which regulate a takeover bid and are contained in the rules of the exchange which quotes the shares of the target issuer by a transferee, members of the management board or supervisory board or the body substituting the management board or supervisory board of a transferee who is a legal person, a target issuer, members of the management board or supervisory board of the target issuer, persons acting in concert with the above-mentioned persons, or a shareholder of the target issuer, shall be punished by a fine or detention with or without deprivation of the right of employment in a particular position or operation in a particular area of activity.

(17.10.2001 entered into force 01.01.2002 - RT I 2001, 87, 526)

Chapter 11

Offences against Public Order and Security

§ 195. Hooliganism

(1) Hooliganism, i.e. any intentional act which severely violates public order or expresses obvious disrespect towards society, is punishable by a fine or detention.

(2) Malicious hooliganism, i.e. same act when committed in an especially cynical or brutal manner or in connection with resistance to a representative of state authority or a representative of the public who is protecting public order, or another person combating hooliganistic activities, or hooliganism committed by a person who has been punished for hooliganism, is punishable by up to five years' imprisonment.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

(3) Acts prescribed in subsections (1) or (2) of this section, if such acts involve the use of or an attempt to use a firearm, cut-and-thrust weapon or an object suitable or especially adapted for use as a cut-and-thrust weapon in order to cause a bodily injury, are punishable by one to seven years' imprisonment.

§ 195¹. Cruel treatment of animals

Commission of a prohibited act respect of an animal, if an administrative punishment has been imposed on the offender for a similar act, or commission of a similar act in a public place, is punishable by detention or up to one year imprisonment.

(06.06.2000 entered into force 29.06.2000 - RT I 2000, 49, 301)

§ 195². Unauthorised entry into building, premises, vehicle or enclosed territory of another person

Unauthorised entry into a building, premises, vehicle or enclosed territory of another person, if such act is committed by a group of persons, an armed person or a person wearing a mask who threatens to use violence against a person or damages or removes a barrier or locking device, is punishable by a fine or detention or for to two years' imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

§ 196. (Repealed by the Decree of the Presidium of the Supreme Soviet of the Estonian SSR of 24 December 1966.)

§ 196¹. Membership in or forming of criminal organisation or recruiting of members thereto or leading such organisation or part thereof

(1) Membership in a criminal organisation, i.e. a permanent organisation consisting of three or more persons who share a distribution of tasks and whose aim is or whose activities are directed at the commission of criminal offences in the first or second degree, is punishable by three to eight years' imprisonment.

(2) Forming an organisation specified in subsection (1) of this section, recruiting of members thereto or leading such organisation or a part thereof is punishable by five to ten years' imprisonment.

(3) A member of a criminal organisation who did not participate in the preparation, attempt or commission of any of the criminal offences committed by such organisation shall be released from punishment if he or she voluntarily gives notice of his or her membership in such organisation.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

§ 197. Stealing of motor vehicle

(1) Stealing a motor vehicle for the purposes of temporary use thereof is punishable by a fine or detention or up to three years' imprisonment.

(2) Same acts, if:

1) committed at least twice, or

2) by a group of persons, or

2¹) if these acts involve the hiding of the face with a cover or mask or in any other manner which prevents identification, or

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

3) involve violence not dangerous to life or health, or a threat of imminent use of such violence, are punishable by a fine or up to six years’ imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

(3) Same act, if it involves the use of violence that is dangerous to life or health, or a threat of imminent use of such violence, is punishable by three to twelve years' imprisonment.

§ 197¹. Unlawful seizure of aircraft

(1) Unlawful seizure of an aircraft on land or in flight is punishable by up to six years' imprisonment.

(2) Unlawful seizure of an aircraft on land or in flight or the seizure of such aircraft with the intent to steal the aircraft, if it involves the use of violence or a threat or causes an accident or results in other serious consequences to the aircraft, is punishable by five to twelve years' imprisonment.

(3) Acts prescribed in subsection (1) or (2) of this section, if they cause the death of a person or a permanent or life-threatening bodily injury, are punishable by eight to fifteen years' imprisonment.

§ 198. Destruction or damaging of cultural monuments or nature conservation objects

Destruction or damaging of cultural monuments or nature conservation objects which are under state protection is punishable by a fine or detention or up to two years' imprisonment.

(09.03.94 entered into force 16.04.94 - RT I 1994, 24, 391)

§ 198¹. Destruction, damaging or concealment of documents concerning commission of crimes against humanity or war crimes

(1) Intentional destruction, damaging or hiding of documents concerning crimes committed against humanity or war crimes is punishable by detention or up to three years' imprisonment.

(2) Same acts, if committed by an official, are punishable by up to five years' imprisonment.

(09.11.94 entered into force 09.12.94 - RT I 1994, 83, 1447)

§ 199. Desecration of grave or other debasement of memory of buried

Desecration of a memorial or other decoration erected on a cemetery, grave or other place designated as a last resting place, or other violation of the inviolability of a last resting place, including diving or other acts committed for the purpose of removal of the victims of a shipwreck, or property, from the shipwreck or the seabed, or concealed theft of objects in cemeteries, on or in graves or other last resting places, or other debasement of the memory of the buried, is punishable by a fine or detention or up to three years’ imprisonment.

(28.06.95 entered into force 27.07.95 - RT I 1995, 60, 1018)

§ 199¹. Desecration of corpse

Desecration of a corpse by mutilation, removal of body parts, cutting-up, burning or other desecrating acts is punishable by up to three years' imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

§ 200. Acquisition, storage or dissemination of works depicting minors in erotic or pornographic situations

(16.12.97 entered into force 01.05.98 - RT I 1998, 2, 42)

(1) Acquisition, storage, transport, transfer, dissemination, exhibition or rendering available in any other manner of works depicting minors in erotic or pornographic situations is punishable by a fine, detention or up to one year imprisonment.

(2) (Repealed - 16.12.97 entered into force 01.05.98 - RT I 1998, 2, 42)

(3) Dissemination or exhibition of works depicting minors in erotic or pornographic situations, or rendering such works available to minors in any other manner, is punishable by one to three years' imprisonment.

(21.02.95 entered into force 24.03.95 - RT I 1995, 24, 336)

§ 200¹. (Repealed.)

§ 200². Unlawful organisation of gambling

(1) Organisation of unlawful gambling is punishable by a fine or detention or up to one year imprisonment.

(2) Same act, if committed by a person who has a criminal record for organisation of unlawful gambling, is punishable by up to two years' imprisonment.

(14.06.95 entered into force 21.07.95 - RT I 1995, 58, 1005)

§ 200³. Manufacture of works depicting minors in erotic or pornographic situations

(1) Manufacture of a work or a copy of a work depicting a minor in erotic or pornographic situations, without using the minor as an object of erotic or pornographic activity, is punishable by detention or up to three years' imprisonment.

(2) Use of a minor as an object of erotic or pornographic activity upon manufacture of a work depicting erotic or pornographic situations is punishable by two to five years' imprisonment.

(21.02.95 entered into force 24.03.95 - RT I 1995, 24, 336)

§ 200⁴. Dissemination or exhibition of works which contain pornography or promote violence or cruelty, or transmission of television or radio broadcasts which contain pornography or promote violence or cruelty

(1) Exhibition outside of specialised places of business of works which contain pornography or promote violence or cruelty is punishable by a fine.

(2) Sale, rental or lending of works or copies of works which contain pornography or promote violence or cruelty or transfer thereof to minors in any other manner or exhibition thereof to minors, or transmission of television or radio broadcasts which contain pornography or promote violence or cruelty or transmission of advertising of such works by persons who have the right to transmit television or radio broadcasts in Estonia, is punishable by a fine or detention.

(21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156)

(3) Acts specified in subsection (1) or (2) of this section, if they are committed at least twice, are punishable by detention or up to one year imprisonment.

(16.12.97 entered into force 01.05.98 - RT I 1998, 2, 42; 21.01.99 entered into force 15.02.99 - RT I 1999, 10, 156)

§ 201. Permission to engage in activities prohibited by law on premises belonging to person

Permission to illegally use narcotic drugs, psychotropic substances or other narcotic substances or engage in unlawful gambling or prostitution or other activities prohibited by law in residential or non-residential premises which belong to a person is punishable by a fine or detention or up to five years’ imprisonment.

(21.02.95 entered into force 24.03.95 - RT I 1995, 24, 336; 11.06.97 entered into force 01.11.97 - RT I 1999, 52, 834)

§ 201¹. Violation of public order or attacks against person or his or her rights in course of exercise of one’s religion

(1) Forming or leading a grouping whose activities in the course of proclamation of religious doctrine or a religious ceremony are related to violation of public order, damaging the health of persons or other attacks to the life or rights of persons, or inducing a person to refuse to perform his or her civil duties, is punishable by a fine or detention or up to five years’ imprisonment.

(2) Active participation in the activities of a grouping specified in subsection (1) of this section, or promotion of the commission of acts prescribed by the religious doctrines or ceremonies of such grouping, is punishable by a fine or detention or up to three years’ imprisonment.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

§ 201². (Repealed by the Decree of the Presidium of the Supreme Soviet of the Estonian SSR of 9 December 1975.)

§ 201³. (Repealed.)

§ 201⁴. (Repealed.)

§ 202. Inducing minors to engage in crime or prostitution

Inducing a minor to engage in the commission of a criminal offence or in prostitution, or exploitation of a minor in prostitution, is punishable by two to five years' imprisonment.

(10.02.94 entered into force 11.03.94 - RT I 1994, 12, 202)

§ 202¹. Inducing minor to consume alcoholic beverages

A parent or other adult person with whom a minor is in a service or other dependent relationship who regularly induces a minor to consume alcoholic beverages shall be punished by a fine or detention.

§ 202². Inducing minors to use narcotic drugs or psychotropic substances

Inducing a minor to use narcotic drugs or psychotropic substances is punishable by up to eight years' imprisonment.

§ 202³. Inducing person to use narcotic drugs or psychotropic substances

(1) Inducing another person to use narcotic drugs or psychotropic substances is punishable by detention or up to three years' imprisonment.

Same act, if committed:

against two or more persons, or

2) by a person who has been previously punished for inducing another person to use narcotic drugs or psychotropic substances, or by a person who has previously committed a criminal offence prescribed in sections 210²-210⁵ of this Code, is punishable by up to five years' imprisonment.

§ 202⁴. Inducing minors to engage in non-medical use of medicinal products or other narcotic substances

Inducing a minor to engage in non-medical use of non-narcotic medicinal products or other narcotic substances is punishable by up to five years' imprisonment.

(11.06.97 entered into force 01.11.97 - RT I 1997, 52, 834)

§ 202⁵. Unlawful acquisition or storage of narcotic drugs or psychotropic substances, or use of narcotic drugs or psychotropic substances without doctor’s recommendation

(11.06.97 entered into force 01.11.97 - RT I 52, 834, 738; 08.02.2001 entered into force 10.03.2001 - RT I 1999, 2001, 21)

(1) Unlawful acquisition or storage of small quantities of narcotic drugs or psychotropic substances without the intent of trafficking thereof, or use of narcotic drugs or psychotropic substances without a doctor’s recommendation by a person who is sentenced for a similar act to an administrative punishment which is currently in force, is punishable by a fine or detention or up to three years’ imprisonment.

(14.06.2001 entered into force 13.07.2001 - RT I 2001, 65, 378)

(2) (Repealed - 08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(3) Illegal acquisition or storage of large quantities of narcotic drugs or psychotropic substances without the intent of trafficking, is punishable by a fine or detention or one to five years' imprisonment.

(08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(4) An act set out in subsection (3) of this section, if committed:

1) at least twice, or

2) by a person who has previously committed an act prescribed in §§ 202², 202³, 202⁵, 210¹, 210², 210³ or 210⁴ of this Code, is punishable by three to seven years' imprisonment.

(08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

§ 202⁶. Pandering or pimping

(1) Pandering or pimping is punishable by up to one year imprisonment.

(2) Pandering or pimping a person between 18 and 21 years of age is punishable by one to three years' imprisonment.

(3) Pandering or pimping, if committed:

1) using violence or other enforcement measures, or

2) against a minor, or

3) against two or more persons, or

4) by a person who has previous criminal record for the same act, is punishable by three to seven years' imprisonment.

(21.02.95 entered into force 24.03.95 - RT I 1995, 24, 336)

§ 203. Acquisition or distribution of property knowingly obtained through criminal activities

(1) Acquisition, delivery, storage or distribution of property knowingly obtained through criminal activities is punishable by a fine or detention or up to one year imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

(2) Same acts, if committed on a regular basis, are punishable by detention or up to two years' imprisonment.

(3) Same acts, if committed at large scale, are punishable by detention or up to three years' imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

§ 204. Violation of rules for safe movement of motor vehicles or failure to comply with operating instructions of motor vehicle by person driving motor vehicle

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

(1) Violation of the rules for safe movement of motor vehicles or failure to follow the operating instructions of a motor vehicle by a person who drives the vehicle, if such violation or failure causes the death of the victim or a permanent or life-threatening or a serious bodily injury to the victim, is punishable by up to five years' imprisonment and withdrawal of motor vehicle driving privileges for three years.

(19.05.93 entered into force 27.06.93 RT I 1993, 33, 539; 16.12.98 entered into force 23.01.99 - RT I 1999, 4, 53)

(2) Acts prescribed in subsection (1) of this section, if they cause the death of two or more persons, are punishable by three to twelve years' imprisonment and withdrawal of motor vehicle driving privileges for three years.

(16.12.98 entered into force 23.01.99 - RT I 1999, 4, 53)

(3) Driving a motor vehicle in an intoxicated state by a person who has consumed alcohol, narcotic or psychotropic substances, and if the person is sentenced to administrative punishment for driving a motor vehicle in an intoxicated state which is in force, is punishable by a fine or detention or up to two years' imprisonment and the motor vehicle driving privileges of the person are withdrawn from one to three years.

(13.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 116)

§ 204¹. (Repealed by the Republic of Estonia Supreme Council Presidium Decree of 13 December 1990.)

§ 204². (Repealed by the Republic of Estonia Supreme Council Presidium Decree of 13 December 1990.)

§ 205. Other violation of rules for safe movement of vehicle or failure to follow operating instructions thereof

(17.02.99 entered into force 23.03.99 - RT I 1999, 26, 377)

(1) Violation of the rules for safe movement of rail, air or water vehicles or motor vehicles or failure to follow the operating instructions thereof in the cases which are not prescribed in section 83, 84, 204 or 205¹ of this Code, if such violation or failure causes a serious bodily injury to the victim, is punishable by a fine or detention or up to two years’ imprisonment.

(17.02.99 entered into force 23.03.99 - RT I 1999, 26, 377)

(2) Same acts, if they result in especially serious consequences, are punishable by up to five years' imprisonment.

§ 205¹. Unauthorised stopping of train without reason

(1) Unauthorised stopping of a train without reason by pulling an emergency brake or cutting off the main air brake pipe or in any other manner, if such act disturbs normal rail traffic, is punishable by a fine or detention.

(2) Same acts, if they cause an accident involving a person, a catastrophe, damage to rolling stock or result in other serious consequences, are punishable by up to eight years' imprisonment.

§ 206. Violation of rules upon construction work

(1) Violation of safety requirements or rules for construction work or failure to follow operating instructions of construction equipment upon construction work, if thereby health damage is to a person, is punishable by a fine or detention.

(2) Same offence, if it causes the death of a person or results in other serious consequences, is punishable by a fine or up to three years' imprisonment.

§ 206¹. Intentional violation of fire safety rules

(1) Intentional violation of fire safety rules which causes a danger of a fire, whereas a disciplinary or administrative punishment has been imposed on the offender for violation of the same rules, is punishable by a fine or detention.

(2) Violation of the rules specified in subsection (1) of this section, if it causes a fire, is punishable by a fine or detention or up to one year imprisonment.

(3) Violation of the rules specified in subsection (1) of this section, if it results in serious consequences, is punishable by a fine or up to five years' imprisonment.

§ 206². Violation of rules for protection of communication lines

Violation of the rules for protection of communication lines, if such violation causes damage to cable lines or radio relay communication lines or an interruption in communication, except in the cases specified in section 84 or 193 of this Code, is punishable by a fine or detention.

§ 206³. Violation of safety rules for mining operations

(1) Violation of safety rules for mining operations, if thereby health damage is caused to a person, is punishable by a fine or detention.

(2) Same offence, if it causes the death of a person or results in other serious consequences, is punishable by a fine or up to three years' imprisonment.

§ 206⁴. Violation of safety rules in potentially explosive enterprise or department of factory

(1) Violation of production and equipment related procedures or safety requirements which ensure the safety of production in a potentially explosive enterprise or department of a factory is punishable by a fine or detention.

(2) Same offence, if it causes the death of a person or results in other serious consequences, is punishable by a fine or up to three years' imprisonment.

§ 207. Illegal manufacture, acquisition, storage, carrying, use, delivery, transport, sale or transfer of firearms or ammunition

(28.06.95 entered into force 01.01.96 - RT I 1996, 1995, 62; 17.04.96 entered into force 24.05.96 - RT I 86, 631, 366; 12.11.97 entered into force 01.01.98 - RT I 2001, 31, 1461)

(1) Illegal manufacture, acquisition, storage, use, transport, sale or transfer of firearms or ammunition, or illegal carrying or delivery of ammunition, is punishable by a fine or one to five years' imprisonment.

(28.06.95 entered into force 01.01.96 - RT I 1996, 1995, 62; 17.04.96 entered into force 24.05.96 - RT I 86, 631, 366; 12.11.97 entered into force 01.01.98 - RT I 2001, 31, 1461)

(2) Illegal carrying or delivery of firearms is punishable by one to five years' imprisonment.

(28.06.95 entered into force 01.01.96 - RT I 1995, 62, 1056; 12.11.97 entered into force 01.01.98 - RT I 1999, 86, 1461)

(3) Acts set out in subsections (1) and (2) of this section, if committed:

1) for a second time, or

2) by a group of persons, or

3) if these acts involve a large quantity of firearms or ammunition as the object of such act, are punishable by two to seven years' imprisonment.

(28.06.95 entered into force 01.01.96 - RT I 1995, 62, 1056; 12.11.97 entered into force 01.01.98 - RT I 1999, 86, 1461)

(3¹) Acts specified in subsection (1), (2) or (3) of this section, if the object thereof is firearms classified as war firearms or service weapons, or ammunition for such firearms, are punishable by five to fifteen years' imprisonment.

(22.10.98 entered into force 22.11.98 - RT I 1998, 98/99, 1576)

(4) A person who voluntarily gives up firearms or ammunition stored without a corresponding licence shall be released from criminal liability.

(28.06.95 entered into force 01.01.96 - RT I 1995, 62, 1056; 12.11.97 entered into force 01.01.98 - RT I 1999, 86, 1461)

§ 207¹. Theft or robbery of firearms, ammunition or explosive substances

(1) Concealed theft of firearms, ammunition or explosive substances is punishable by a fine or detention or up to five years' imprisonment.

(10.02.94 entered into force 11.03.94 - RT I 1994, 12, 202)

(2) Same acts, if committed:

1) repeatedly, or

2) by a group of persons, or

3) by a person to whom a firearm, ammunition or explosive substances are delivered for service-related purposes or under whose surveillance they are entrusted, are punishable by a fine or one to seven years' imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)

(3) Unconcealed theft or robbery of firearms, ammunition or explosive substances is punishable by two to twelve years' imprisonment.

(10.02.94 entered into force 11.03.94 - RT I 1994, 12, 202)

(4) Acts specified in subsections (1), (2) or (3) of this section, if the object thereof is firearms classified as war firearms or service weapons, or ammunition for such firearms, or explosive substances the use of which for civilian purposes is prohibited, is punishable by five to fifteen years' imprisonment.

(22.10.98 entered into force 22.11.98 - RT I 1998, 98/99, 1576)

§ 207². Illegal carrying, storage, acquisition, manufacture, sale or transfer of silencers or night sights of firearms

(1) Illegal carrying, storage, acquisition, manufacture, sale or transfer of silencers or night sights of firearms is punishable by a fine, detention or up to one year imprisonment.

A person who voluntarily gives up a silencer or night sight of a firearm illegally stored by him or her shall be released from criminal liability.

(28.06.95 entered into force 01.01.96 - RT I 1995, 62, 1056)

§ 207³. Illegal manufacture, acquisition, storage, delivery, transport, sale or transfer of explosive substances

(1) Illegal manufacture, acquisition, storage, delivery, transport, sale or transfer of explosive substances is punishable by a fine or two to six years' imprisonment.

(01.10.2001 entered into force 01.11.2001 - RT I 2001, 85, 510)

(2) The activities specified in subsection (1) of this section, if the object of such activities are explosive substances prohibited for civilian purposes, are punishable by five to fifteen years' imprisonment.

(12.11.97 entered into force 01.01.98 - RT I 1997, 86, 1461)

§ 207⁴. Illegal manufacture, acquisition, storage, delivery, sale or transfer of explosive devices or parts necessary for manufacture thereof

llegal manufacture, acquisition, storage, delivery, sale or transfer of explosive devices or parts necessary for the manufacture thereof is punishable by three to eight years' imprisonment.

(28.06.95 entered into force 01.01.96 - RT I 1995, 62, 1056; 22.10.98 entered into force 22.11.98 - RT I 1998, 98/99, 1576)

§ 208. Negligent storage of firearms

(1) Negligent storage of a firearm, if it results in the use of the firearm by another person and a bodily injury or serious consequences or the commission of a criminal offence, is punishable by a fine, detention or up to two years’ imprisonment.

(2) Same act by a person to whom a firearm has been given for the performance of duties of employment, if it results in a bodily injury or serious consequences or the commission of a criminal offence, is punishable by a fine, detention or up to three years’ imprisonment.

(10.02.94 entered into force 11.03.94 - RT I 1994, 12, 202)

§ 208¹. (Repealed - 19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

§ 208². (Repealed.)

§ 208³. Illegal acquisition, storage, use, transfer or damaging of radioactive material

(1) Illegal acquisition, storage, use, transfer or damaging of radioactive material (sources of ionizing radiation in a device or product or in any physical condition or in any other form, and radioactive substances and nuclear material) is punishable by up to five years' imprisonment.

(2) Same act, if it causes the death of a person or results in other serious consequences, is punishable by up to ten years' imprisonment.

§ 208⁴. Radioactive material acquired through criminal activities

Acquisition of radioactive material through criminal activities is punishable by three to twelve years' imprisonment.

§ 208⁵. Threat to acquire radioactive material through criminal activities or use such material for criminal purposes

(1) A threat to acquire radioactive material through criminal activities in order to force a state, international organisation or a natural or legal person to perform certain acts or avoid the performance thereof, if there is reason to fear the realisation of the threat, is punishable by up to three years' imprisonment.

(2) A threat to use radioactive material in order to cause the death of people or other serious consequences, if there is reason to fear the realisation of the threat, is punishable by up to five years' imprisonment.

§ 208⁶. Violation of requirements for storage, use, recording or transport of radioactive material or other requirements concerning the handling thereof

(1) Violation of the requirements for storage, use, recording or transport of radioactive material or other requirements concerning the handling thereof, if such act could have caused the loss of human lives or resulted in other serious consequences, is punishable by a fine or detention.

(2) Same act, if it causes the death of a person or results in other serious consequences, is punishable by up to ten years' imprisonment.

§ 209. Violation of requirements for handling of dangerous chemicals

(1) Violation of the requirements for handling of explosive substances or other dangerous chemicals, if such violation causes danger to human life or health, or to property or the environment or if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention.

(2) Same act, if it results in other serious consequences, is punishable by a fine or up to five years' imprisonment.

(04.04.2000 entered into force 04.05.2000 - RT I 2000, 33, 193)

§ 209¹. Transportation of explosive, highly flammable or caustic substances on board aircraft by passenger

(1) Transportation of explosive, highly flammable or caustic substances on board aircraft by a passenger is punishable by a fine or detention.

(2) Same act, if it results in serious consequences, is punishable by three to eight years' imprisonment.

§ 209². Violation of requirements for manufacture, production, acquisition, storage, recording, issue, transport or delivery of narcotic drugs or psychotropic substances

Violation of the requirements established for manufacture, production, acquisition, storage, recording, issue, transport or delivery of narcotic drugs or psychotropic substances is punishable by a fine or detention or up to two years’ imprisonment.

(11.06.97 entered into force 01.11.97 - RT I 1997, 52, 834)

§ 209³. Violation of requirements for release into environment or marketing of genetically modified organisms

(1) Violation of the requirements for the release of genetically modified organisms into the environment or for the marketing of products which contain genetically modified organisms or are composed thereof, if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or up to one year imprisonment.

(2) Same act, if it causes danger to human life, health or the environment, is punishable by a fine or up to three years' imprisonment.

(04.04.2000 entered into force 04.05.2000 - RT I 2000, 33, 193)

§ 210. Illegal manufacture, acquisition, storage, transport, delivery or trafficking of non-narcotic medicinal products or toxic substances

Illegal manufacture, acquisition, storage, transport or delivery of non-narcotic medicinal products or toxic substances which are not psychotropic substances with the intent of trafficking thereof, or illegal trafficking of non-narcotic medicinal products or toxic substances, is punishable by detention or up to three years' imprisonment.

(19.12.95 entered into force 01.04.96 - RT I 1996, 3, 56)

§ 210¹. Illegal manufacture, reprocessing, transport or delivery of narcotic drugs or psychotropic substances without intent of trafficking

(08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(1) Illegal manufacture, reprocessing, transport or delivery of small quantities of narcotic drugs or psychotropic substances without the intent of trafficking, is punishable by one to five years' imprisonment.

(08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(2) Same act, if committed:

1) for a second time, or

2) by a person who has previously committed a criminal offence prescribed in §§ 202², 202³, 202⁵ 210², 210³ or 210⁴ of this Code, or

3) if it involves large quantities of narcotic drugs or psychotropic substances as the object of such act, is punishable by three to seven years' imprisonment.

(08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(3) (Repealed - 08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

§ 210². Illegal manufacture, reprocessing, acquisition, storage, transport or delivery of narcotic drugs or psychotropic substances with intent of trafficking

(08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(1) Illegal manufacture, reprocessing, acquisition, storage, transport or delivery of narcotic drugs or psychotropic substances with the intent of trafficking thereof, or illegal trafficking of narcotic drugs or psychotropic substances, is punishable by three to seven years' imprisonment.

(08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(2) Same act, if committed:

1) for a second time, or

2) by a group of persons, or

3) by a person who has previously committed a criminal offence prescribed in §§ 202², 202³, 202⁵, 210¹, 210³ or 210⁴ of this Code, or

4) if it involves large quantities of narcotic drugs or psychotropic substances as the object of such act, is punishable by five to eight years' imprisonment.

(08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(3) (Repealed - 16.12.97 entered into force 01.11.97 - RT I 1997, 52, 834)

§ 210³. Theft or robbery or narcotic drugs or psychotropic substances

(1) Theft of narcotic drugs or psychotropic substances is punishable by three to six years' imprisonment.

(22.10.98 entered into force 22.11.98 - RT I 1998, 98/99, 1576; 08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(2) Same act, if committed:

1) repeatedly, or

2) by a group of persons, or

3) using violence which does not endanger life or health, or

4) by a person to whom the substances have been entrusted due to his or her official position or under whose surveillance the substances have been entrusted, or

5) by a person who has previously committed a criminal offence prescribed in §§ 202², 202³, 210² or 210⁴ of this Code, or

(11.06.97 entered into force 01.11.97 - RT I 1997, 52, 834)

6) on a large-scale basis, is punishable by five to eight years' imprisonment.

(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631; 08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

(3) Robbery of narcotic drugs or psychotropic substances, is punishable by seven to twelve years' imprisonment.

(08.02.2001 entered into force 10.03.2001 - RT I 2001, 21, 115)

§ 210⁴. Illegal sowing or growing of opium poppy, cannabis or coca

(22.03.2000 entered into force 17.04.2000 - RT I 2000, 29, 173)

(1) Illegal sowing or growing of opium poppy, cannabis or coca is punishable by six months to three years’ imprisonment.

(22.03.2000 entered into force 17.04.2000 - RT I 2000, 29, 173)

(2) Same act, if committed by a person who has previously committed a criminal offence prescribed in this section or in § 202², 202³, 210² or 210³ of this Code, is punishable by two to five years' imprisonment.

(11.06.97 entered into force 01.11.97 - RT I 1997, 52, 834)

§ 210⁵. (Repealed - 11.06.97 entered into force 01.11.97 - RT I 1997, 52, 834)

§ 211. Violation of rules providing for combating epidemics or epizootics

(1) Violation of the rules which provide for the combating of epidemic or other infectious diseases or infectious animal diseases, if such violation causes a threat of the spread of a dangerous infectious disease or an infectious animal disease and an administrative punishment has been imposed on the offender for the violation of the same rules, is punishable by a fine or detention.

(16.06.1999 entered into force 01.01.2000 - RT I 1999, 57, 598)

(2) Violation of the rules which provide for the combating of epidemic or epizootic diseases, if such violation causes the spread of such diseases or infectious animal diseases, is punishable by a fine or detention or up to three years’ imprisonment.

(16.06.1999 entered into force 01.01.2000 - RT I 1999, 57, 598)

§ 211¹. (Repealed.)

§ 211². (Repealed.)

§ 211³. Failure of responsible officials to give notice of dumping of substances harmful to human health or marine living resources or other waste or materials

Responsible officials of ships or other floating vessels, aircraft, platforms or other man-made structures in the sea who fail to notify the administration of the closest port of the Republic of Estonia, in the case of dumping for the purposes of burial, also the organisation issuing a permit for dumping, of dumping or unavoidable loss of substances harmful to human health or marine living resources, or mixtures containing such substances more than the established limit, or other waste or materials which may damage recreational areas or hinder other lawful means of sea use, which such officials due to extreme emergency intend to carry out or already have carried out in the inland maritime waters, territorial seas or the exclusive economic zone of the Republic of Estonia, or responsible officials of ships or other floating vessels, aircraft, platforms or other man-made structures in the sea, of the Republic of Estonia, who fail to notify the administration of the closest port of the Republic of Estonia, in the case of dumping for the purposes of burial, also the organisation issuing a permit for dumping, of dumping of such substances, mixtures, waste or materials, which such officials plan to carry out due to extreme emergency or already have carried out on the high seas, shall be punished by a fine or detention.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)

§ 211⁴. Violation of procedure for handling of waste

Violation of the procedure for handling of waste, if an administrative punishment has been imposed on the offender for a similar offence, is punishable by a fine or detention or up to three years’ imprisonment.

(19.05.93 entered into force 27.06.93 - RT I 1993, 33, 539)