Chapter 10PROCEDURE BEFORE COUNTY COURTS
[RT I 2005, 39, 308 - entry into force 01.01.2006]

Division 6Making of Court Judgment

§ 306. Issues to be resolved when giving judgment and the signing of judgment
(1) When giving judgment, the court shall resolve the following issues:
1) whether the act of which the accused is accused occurred;
2) whether the act was committed by the accused;
3) whether the act is a criminal offence and on which section, subsection and clause of the Penal Code the legal assessment of the act shall be based;
4) whether the accused is guilty of the commission of the criminal offence;
5) whether mitigating or aggravating circumstances exist;
6) the punishment to be imposed on the accused;
61) whether commutation shall be granted due to exceeding of the reasonable time of proceedings;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
7) whether the accused is to be released from punishment or whether a substitutive punishment is to be imposed;
(7.1) [repealed - RT I, 05.07.2013, 2 - entry into force 15.07.2013]
8) whether the accused who is a minor is to be punished for the criminal offence committed or whether non-punitive sanctions are to be applied against him or her;
9) whether new preventive measures are to be chosen or the valid preventive measure is to be maintained, altered or annulled in the case of conviction;
10) the measures to be applied with regard to the minor children of the accused who are left unsupervised, and to his or her property, if he or she is convicted and sentenced to imprisonment;
11) whether and to which extent to grant the civil action or the proof of claim in public law or compensate for the damage caused by the criminal offence;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
12) whether it is necessary to take measures for securing a civil action or proof of claim in public law, confiscation or substitution thereof;
[RT I, 06.01.2016, 5 - entry into force 01.01.2017]
12.1) whether the amount ordered to be paid under substitution of confiscation is payable at one time or in parts, whereas taking into account the financial situation and chances of re-socialisation of a convicted offender, a court may extend the term for the payment of the amount ordered to be paid in full or in part for up to two years or order payment thereof in instalments on specified dates;
[RT I, 06.01.2016, 5 - entry into force 16.01.2016]
13) how to proceed with regard to physical evidence and other objects taken, seized or subject to confiscation in the criminal procedure;
[RT I 2007, 2, 7 - entry into force 01.02.2007]
14) the expenses relating to criminal proceedings and the person who is to bear the expenses;
15) whether the document which contains the data required for payment of the claim and specified in subsection 145 (41) or subsection 159 (3) constitutes an annex to the decision;
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
16) whether and to what extent to grant the request of the person to compensate for damage caused in offence proceedings pursuant to the Compensation for Damage Caused in Offence Proceedings Act.
[RT I, 20.11.2014, 1 - entry into force 01.05.2015]
(2) The issues listed in subsection (1) of this section shall be resolved separately with respect to each accused and each criminal offence.
(3) After resolving the issues listed in subsection (1) of this section, a court judgment or the conclusion thereof shall be prepared and all the members of the court panel shall sign the judgment digitally. The assistance of a court official may be used in the formalisation of a court judgment.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(3.1) A court may make and sign a judgment on paper if compliance with the requirements provided for in subsection (3) of this section is impossible due to reasons independent of the court or members of the panel.
[RT I, 21.06.2014, 11 - entry into force 01.07.2014]
(4) A judge who maintains a minority position shall submit his or her dissenting opinion in writing and the opinion shall be included in the file but shall not be disclosed upon the pronouncement of the court judgment.
(5) After signing a court judgment, a court may, on its own initiative or at the request of a party to judicial proceedings, correct spelling or calculation mistakes or obvious inaccuracies in the court judgment if such corrections do not affect the content of the judgment. The mistakes shall be corrected by an order the copy of which is sent to persons to whom a copy of the judgment containing mistakes was issued.

Part 1 GENERAL PART
Chapter 4 IMPOSITION OF PUNISHMENT
Division 1Bases for Imposition of Punishments

§ 56. Basis for punishment
(1) Punishment shall be based on the guilt of the person. In imposition of a punishment, a court or a body conducting extra-judicial proceedings shall take into consideration the mitigating and aggravating circumstances, the possibility to influence the offender not to commit offences in the future, and the interests of the protection of public order.

Part 1 GENERAL PART
Chapter 4 IMPOSITION OF PUNISHMENT
Division 1Bases for Imposition of Punishments

§ 57. Mitigating circumstances
(1) Mitigating circumstances are:
1) prevention of harmful consequences of the offence, and provision of assistance to the victim immediately after the commission of the offence;
2) voluntary compensation for damage;
3) appearance for voluntary confession, sincere remorse, or active assistance in detection of the offence;
4) commission of the offence due to a difficult personal situation;
5) commission of the offence under threat or duress, or due to service, financial or family-related dependent relationship;
6) commission of the offence in a highly provoked state caused by unlawful behaviour;
7) commission of the offence by a pregnant woman or a person in an advanced age;
8) commission of the offence in excess of the limits of self-defence;
9) conciliation with the victim.
(2) Circumstances not specified in subsection (1) of this section may be taken into consideration in imposition of a punishment.

Part 1 GENERAL PART
Chapter 4 IMPOSITION OF PUNISHMENT
Division 1Bases for Imposition of Punishments

§ 59. Prohibition to repeatedly consider mitigating or aggravating circumstances
The mitigating or aggravating circumstances provided for in §§ 57 and 58 of this Code shall not be considered in imposition of a punishment if they are described by law as the necessary elements of an offence.

§ 60. Mitigation of punishment in cases provided by law
(1) In the cases specified in the General Part of this Code, a court may mitigate the punishment of a person pursuant to the procedure provided for in subsections (2)-(4) of this section.
(2) The maximum rate of a mitigated punishment shall not exceed two-thirds of the maximum rate of the punishment provided by law.
(3) The minimum rate of a mitigated punishment shall be the minimum rate of the corresponding type of punishment provided for in the General Part of this Code.
(4) If the Special Part of this Code prescribes life imprisonment as a punishment for a criminal offence, imprisonment for a term of three to fifteen years shall be imposed in mitigation of the punishment.

§ 60.1. Active remorse
A court may apply the provisions of § 60 or release a person from the punishment if the act committed comprises the necessary elements of a completed offence but the person voluntarily abandons further commission of the act or eliminates the risk in any other manner.