National penalties - maximum penalty

Estonia

Estonia - Penal Code 2001 (2020) EN

Part 2 SPECIAL PART
Chapter 8 OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY
Division 2 Offences Against Humanity

§ 89. Crimes against humanity
(1) Systematic or large-scale deprivation or restriction of human rights and freedoms, instigated or directed by a state, organisation or group, or killing, torture, rape, causing health damage, forced displacement, expulsion, subjection to prostitution, unfounded deprivation of liberty, or other abuse of civilians, is punishable by eight to twenty years’ imprisonment or life imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

Part 2 SPECIAL PART
Chapter 8 OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY
Division 2 Offences Against Humanity

§ 90. Genocide
(1) Killing or torturing, with the intention of destroying, in whole or in part, of members of a national, ethnic, racial or religious group, a group resisting occupation or any other social group, causing of health damage to members of the group, imposing of coercive measures preventing childbirth within the group or forcibly transferring of children of the group, or subjecting of members of such group to living conditions which have caused the risk of total or partial physical destruction of the group,
is punishable by eight to twenty years’ imprisonment or life imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

Part 2 SPECIAL PART
Chapter 8 OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY
Division 4 War Crimes

§ 97. Attacks against civilians
(2) Killing of a civilian in a war zone or in an occupied territory or commission of the act provided for in subsection (1) of this section with respect to him or her, if this:
1) causes the death of the victim; or
2) leads the victim to suicide or an attempt of suicide,
is punishable by eight to twenty years’ imprisonment or life imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

Part 2 SPECIAL PART
Chapter 8 OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY
Division 4 War Crimes

§ 99. Attacks against prisoners
(1) Commission of an act of violence against a prisoner of a hostile party, including a prisoner of war or an interned civilian, or threatening with it, endangering of him or her or failure to provide assistance to him or her, compelling him or her to participate in human research or to supply organs or tissue, inhuman treatment of him or her, commission of an offence against sexual self-determination with respect to him or her, compelling him or her to serve in armed forces or deprivation of his or her right to fair trial, and unjustified delay in his or her release or repatriation, is punishable by six to fifteen years’ imprisonment.
(2) The same act, if it:
1) causes the death of the victim; or
2) leads the victim to suicide or an attempt of suicide,
is punishable by eight to twenty years’ imprisonment or life imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.

Part 2 SPECIAL PART
Chapter 18 OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Division 2 Offences against Persons’ Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 317. Obstruction of appearance of party to proceedings, witness, victim, expert, translator or interpreter
(1) Knowingly Preventing a party to a proceeding, a witness, expert, translator or interpreter from appearing at pre-trial proceedings or court proceedings as well as knowingly influencing the specified persons for the same purpose is punishable by a pecuniary punishment or up to one year's imprisonment.

Part 2 SPECIAL PART
Chapter 18 OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Division 2 Offences against Persons’ Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 320. False testimony and perjury
(1) A victim or witness who gives knowingly false testimony in a criminal or misdemeanour proceeding or civil or administrative court proceeding, or a party to a proceeding who gives knowingly false statements under oath or provides a knowingly incorrect inventory of assets or calculation of income or expenditure under oath is punishable by a pecuniary punishment or up to three years’ imprisonment.
(2) The same act, if it involves fraudulent creation of evidence, is punishable by a pecuniary punishment or up to five years’ imprisonment.

Part 2 SPECIAL PART
Chapter 18 OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Division 2 Offences against Persons’ Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 322. Coercion into giving false testimony, rendering false expert opinion or provision of false translation or interpretation
(1) Coercion into giving false testimony, rendering false expert opinion or provision of false translation or interpretation, if committed by using violence, is punishable by a pecuniary punishment or up to four years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

§ 323. violence against persons involved in administration of justice
(1) Use of violence against suspects, accused, acquitted persons, convicted offenders, witnesses or victims with the intention of preventing him or her from performing his or her duties, exercising his or her rights in criminal proceedings or taking revenge for his or her lawful activities in criminal proceedings
is punishable by a pecuniary punishment or up to five years’ imprisonment.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.