Questionnaire Estonia
I.19 What is the main diversionary measure?
The main diversionary measure is the conditional
non-prosecution as regulated in sect. 202 CCP.
If the object of criminal proceedings is a criminal offence in the second degree, the guilt of the person suspected or accused of the offence is negligible, and he or she has remedied or has commenced to remedy the damage caused by the criminal offence, has paid the expenses relating to the criminal proceedings, or assumed the obligation to pay such expenses, and there is no public interest in the continuation of the criminal proceedings, the Prosecutor’s Office can request termination of the criminal proceedings by a court with the consent of the suspect or accused. In the event of termination of criminal proceedings, the court can impose the following obligations on the suspect or accused at the request of the Prosecutor’s Office and with the consent of the suspect or the accused within the specified term:
- to pay the expenses relating to the criminal proceedings or compensate for the damage caused by the criminal offence;
- to pay a fixed amount into the public revenues or to be used for specific purposes in the interest of the public;
- to perform 10 to 240 hours of community service, the provisions of subsections 69(2) and (5) of the Penal Code apply to community service; and
- the term for the performance of obligations listed in subsection (2) of this section shall not exceed six months.
The most regular condition is the payment of a sum of money into the public revenues which varies according to the type and nature of the offence.
If the object of criminal proceedings is a criminal offence in the second degree, the guilt of the person suspected or accused of the offence is negligible, and he or she has remedied or has commenced to remedy the damage caused by the criminal offence, has paid the expenses relating to the criminal proceedings, or assumed the obligation to pay such expenses, and there is no public interest in the continuation of the criminal proceedings, the Prosecutor’s Office can request termination of the criminal proceedings by a court with the consent of the suspect or accused. In the event of termination of criminal proceedings, the court can impose the following obligations on the suspect or accused at the request of the Prosecutor’s Office and with the consent of the suspect or the accused within the specified term:
- to pay the expenses relating to the criminal proceedings or compensate for the damage caused by the criminal offence;
- to pay a fixed amount into the public revenues or to be used for specific purposes in the interest of the public;
- to perform 10 to 240 hours of community service, the provisions of subsections 69(2) and (5) of the Penal Code apply to community service; and
- the term for the performance of obligations listed in subsection (2) of this section shall not exceed six months.
The most regular condition is the payment of a sum of money into the public revenues which varies according to the type and nature of the offence.
