Estonia

The Penal Code

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
[ - entry into force 01.07.2004]
(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 ;
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.
[ - entry into force 01.07.2004]

(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 giving gratuities or bribe to officials of foreign states, influence peddling by officials of foreign states and any criminal offence related to such criminal offences which were committed by an Estonian citizen or an alien who has been detained in Estonia and is not extradited, or a legal person registered in Estonia.
[ - entry into force 28.07.2008]

§ 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 an act committed outside the territory of Estonia if the punishability of the act arises from an international agreement 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 damaging the environment 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.
[ - entry into force 14.01.2008]

Keywords

Jurisdiction



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