Chapter II
Fundamental Rights, Freedoms and Duties
§ 13.
Everyone is entitled to protection by the government and of the law. The Estonian government also protects its citizens abroad.
Chapter 1GENERAL PROVISIONS
§ 3. Territorial and temporal applicability of the law of criminal procedure
(1) The law of criminal procedure applies in the territory of the Republic Estonia. The law of criminal procedure also applies outside the territory of the Republic Estonia if this arises from an international agreement or if the subject matter of criminal proceedings is an act of a person serving in the Defence Forces of Estonia.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Chapter 2 PERSONS INVOLVED IN CRIMINAL PROCEEDINGS
Division 1Courts
§ 24. General jurisdiction in hearing of criminal matters in county courts
(1) The criminal matter shall be heard by the county court in whose territorial jurisdiction the criminal offence was committed.
(2) As an exception, a criminal matter may be heard according to the location of occurrence of the consequences of the criminal offence or the location of the majority of the accused persons or victims or witnesses. Exceptional transfer of a criminal matter within the territorial jurisdiction of one circuit court shall be decided by the chairman of the circuit court; in other cases, the transfer shall be decided by the Chief Justice of the Supreme Court.
(3) If the place of commission of a criminal offence cannot be ascertained, the criminal matter shall be heard by the court in whose territorial jurisdiction the pre-court proceedings were completed.
(4) A preliminary investigation judge of a county court in whose territorial jurisdiction the criminal offence was committed shall perform the duties of a preliminary investigation judge. Where it is impossible to clearly determine the place of commission of the criminal offence, a preliminary investigation judge of a county court of the place of performance of the procedural act shall perform the duties of a preliminary investigation judge. Permission for surveillance activities is granted by a judge designated by the division of tasks plan who is not the chairman of the court.
[RT I, 13.03.2019, 1 - entry into force 01.01.2020]
(5) The jurisdiction of criminal matters proceedings in which are conducted by international cooperation is provided for in Chapter 19.
§ 25. Exclusive jurisdiction in hearing of criminal matters in county courts
(1) A criminal matter concerning a criminal offence committed by means of printed matter shall be heard by the court of the place of publication of the printed matter unless the victim requests that the criminal matter be heard by the court of his or her residence or the court in whose territorial jurisdiction the printed matter has been disseminated.
(2) If a criminal offence is committed abroad, the criminal matter shall be heard by the court of the residence of the suspect or accused in Estonia. If the suspect or accused does not have a residence in Estonia, the criminal matter shall be heard by Harju County Court.
[RT I 2005, 39, 308 - entry into force 01.01.2006]
Chapter 4International military co-operation
Division 1General requirements for international military co-operation
§ 29. International military co-operation
(5) The Estonian legislation shall apply to a serviceman, another person in the employment relationship with the Defence Forces and their dependants accompanying them who are staying in a foreign state in so far as it is in compliance with a treaty and the generally recognised principles and norms of international law.
(6) The Estonian legislation shall apply to a person who is a member of the armed forces of a foreign state, a civilian employed by and accompanying the armed forces of a foreign state and the dependants thereof who are staying in the territory of the Republic of Estonia in so far as it is in compliance with a treaty and the generally recognised principles and norms of international law.
(7) The relevant administrative authority and official of the armed forces of a foreign state staying in the territory of the Republic of Estonia may exercise disciplinary and criminal jurisdiction in the Republic of Estonia in respect of a member of the armed forces of the foreign state and the dependant thereof if such right has been granted to them by the legislation of such state and if this is in accordance with the relevant treaty and the generally recognised principles and norms of international law.
Part 1 GENERAL PART
Chapter 1 GENERAL PROVISIONS
§ 6. Territorial applicability of penal law
(1) The penal law of Estonia applies to acts committed within the territory of Estonia.
(2) The penal law of Estonia applies to acts committed on board of or against ships or aircraft registered in Estonia, regardless of the location of the ship or aircraft at the time of commission of the offence or the penal law of the country where the offence is committed.
§ 7. Applicability of penal law by reason of person concerned
(1) The penal law of Estonia applies to an act committed outside the territory of Estonia if such act constitutes a criminal offence pursuant to the penal law of Estonia and is punishable at the place of commission of the act, or if no penal power is applicable at the place of commission of the act and if:
1) the act is committed against a citizen of Estonia or a legal person registered in Estonia;
or
2) the offender is a citizen of Estonia at the time of commission of the act or becomes a citizen of Estonia after the commission of the act, or if the offender is an alien who has been detained in Estonia and is not extradited.
(2) The penal law of Estonia applies:
1) to an act committed outside the territory of Estonia if such act constitutes a criminal offence pursuant to the penal law of Estonia and the offender is a member of the Defence Forces performing his or her duties;
2) to grant, acceptance or arranging receipt of bribes, or influence peddling committed outside the territory of Estonia, or to crimes which damage the financial interests of the European Union, if such act was committed by an Estonian citizen, Estonian official or a legal person registered in Estonia, or an alien who has been detained in Estonia and who is not extradited, or if such person participated therein.
(3) For the purposes of this Code, any assets, income and expenses covered by the European Union’s budget and the budgets managed by the structural units of the European Union are regarded as the financial interests of the European Union.
§ 8. Applicability of penal law to acts against internationally protected legal rights
Regardless of the law of the place of commission of an act, the penal law of Estonia shall apply to any acts committed outside the territory of Estonia if punishability of the act arises from an international obligations binding on Estonia.
§ 9. Applicability of penal law to acts against legal rights of Estonia
(1) Regardless of the law of the place of commission of an act, the penal law of Estonia applies to acts committed outside the territory of Estonia if according to the penal law of Estonia the act is a criminal offence in the first degree and if such act:
1) causes damage to the life or health of the population of Estonia;
2) interferes with the exercise of state authority or the defence capability of Estonia; or
3) causes damage to the environment.
(2) Regardless of the type of the offence, the penal law of Estonia applies to acts, which damage the environment and were committed within the economic zone or on the high seas, in accordance with the requirements and rights of international maritime law established with respect to foreign vessels.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.