Chapter 18ENTRY INTO FORCE AND ENFORCEMENT OF COURT DECISIONS
Division 2Enforcement of Punishments
§ 414. Enforcement of imprisonment
(1) If a convicted offender was not held in custody during judicial proceedings, the county court enforcing the decision shall send a notice prepared according to the treatment plan to the convicted offender, setting out by which time and to which prison the convicted offender must appear for the service of the sentence. The notice shall set out that in the case of failure to appear in the prison at the time specified, compelled attendance shall be applied to the person pursuant to subsection (3) of this section or the person shall be taken into custody at the request of the prison pursuant to the procedure provided for in § 429 of this Code.
[RT I, 19.03.2015, 1 - entry into force 29.03.2015]
(2) In the case provided for in subsection (1) of this section, the time when the convicted offender arrives in the prison is deemed to be the time of commencement of the service of the sentence of imprisonment.
(3) If a convicted offender fails to appear in the prison for the service of the sentence at the time specified, the prison shall forward a request for the imposition of compelled attendance to the Police and Border Guard Board.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]
(4) Submission of a request for deferral of execution of imprisonment shall not suspend the enforcement of the execution imprisonment.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
§ 415. Deferral of enforcement of sentence of imprisonment
(1) A judge in charge of execution of court judgments may defer the enforcement of a sentence of imprisonment by an order:
1) by up to six months if the convicted offender suffers from a serious illness and it is impossible to provide medical treatment for him or her in the prison;
2) by up to one year if the convicted offender is pregnant at the time of execution of the court judgment.
3) [omitted - RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(2) If a female convicted offender has a small child, the judge in charge of execution of the court judgment may defer the enforcement of the sentence of imprisonment by an order until the child has attained three years of age.
(3) A judge in charge of execution of court judgments may defer the enforcement of a punishment by an order for up to two months if immediate commencement of the service of the sentence of imprisonment would result in serious consequences for the convicted offender or his or her family members due to extraordinary circumstances.
(4) The judge in charge of execution of court judgments shall decide the deferral of enforcement of the sentence of imprisonment on the basis specified in clause (1) 1) of this section after considering the opinion of the prosecutor and the representative of the prison.
(5) An order on deferral of the enforcement of a sentence of imprisonment shall set out also the information specified in subsection 414 (1) of this Code.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
(6) A copy of an order which has entered into force shall be sent to the prison.
[RT I 2008, 19, 132 - entry into force 23.05.2008]
§ 416. Waiver of enforcement of sentence of imprisonment
(1) A judge in charge of execution of court judgments may, by order and at the request of the Office of the Prosecutor General, waive the enforcement of a sentence of imprisonment for a specified term or a sentence of imprisonment imposed in substitution for another punishment pursuant to §§ 70 and 71 of the Penal Code if:
1) the convicted offender is extradited to a foreign state or expelled;
2) the convicted offender who is an alien and who has been punished for a criminal offence in the second degree by imprisonment, has assumed an obligation to depart from the Republic of Estonia to a host country together with prohibition on entry within for the term of five to ten years, and in the estimation of the Police and the Border Guard he or she can return to the host country.
(2) It shall be taken into consideration upon waiver of enforcement of a sentence of imprisonment whether the convicted offender has remedied or has commenced to remedy the damage caused by the criminal offence and paid the costs of criminal proceedings or paid other public law claims.
(3) The Prosecutor's Office shall request an assessment of the possibility of the alien to return to the host country from the Police and Border Guard Board which shall send such assessment to the Prosecutor's Office within 30 days as of receipt of the request.
(4) Waiver of enforcement of a sentence of imprisonment pursuant to clause (1) 2) of this section, the court order shall also include the following:
1) the term of validity of the prohibition on entry imposed on the alien and the scope of application thereof;
2) the obligation of the alien to depart from the Republic of Estonia to the host country by the determined date;
3) the information concerning enforcement of the obligation to depart if the alien is held in custody or in imprisonment in Estonia or if his or her liberty is restricted in any other manner.
(5) A judge in charge of execution of court judgments may enforce, at the request of the Prosecutor's Office, a sentence of imprisonment for a specified term or a sentence of imprisonment imposed in substitution pursuant to §§ 70 and 71 of the Penal Code if the convicted offender who was extradited or expelled pursuant to clause (1) 1) of this section returns to the country before the expiry of ten years as of his or her extradition or expulsion.
(6) A judge in charge of execution of court judgments may, at the request of the Prosecutor's Office, enforce the sentence imposed on an alien to the extent not served, if the convicted offender does not perform the obligation assumed pursuant to clause (1) 2) of this section to depart from the Republic of Estonia to a host country, he or she is suspected of commission of a new criminal offence before the performance of the obligation to depart, or he or she returns to the country before the expiry of term of the prohibition on entry imposed on him or her.
[RT I, 19.03.2019, 3 - entry into force 01.07.2019]
Part 1 GENERAL PART
Chapter 3 TYPES AND TERMS OF PUNISHMENTS
Division 1 Principal Punishments Imposed for Criminal Offences
§ 45. Imprisonment
(1) For a criminal offence, the court may impose imprisonment for a term of thirty days to twenty years, or life imprisonment.
(2) Imprisonment for a term of more than ten years or life imprisonment shall not be imposed on a person who at the time of commission of the criminal offence is less than eighteen years of age.
Part 2 SPECIAL PART
Chapter 18 OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Division 3 Offences against Enforcement of Punishment
§ 324. Unlawful treatment of prisoners
Degrading of the dignity of a prisoner, person in detention or custody or taken into custody to recover from intoxication, or discriminating against such person or unlawful restricting of his or her rights by an official of a custodial institution taking advantage of his or her official position, if it does not contain the necessary elements of office provided for in § 2901 of this Code, is punishable by a pecuniary punishment or up to one year's imprisonment.