State takes step to curb overcriminalisation

Photo: Heiki Rebane / BNS

Draft launched for coordination, yesterday, will considerably alter penal power; even so, its main aim is bringing clarity.

Three years back, Chief Justice of the Supreme Court Märt Rask told Riigikogu the state had taken the course of overcriminalisation. In his speech, Mr Rask underlined that the Estonian legal order contained nearly 1,300 necessary elements for offences, with too many people entered into punishment register.

Let figures speak for themselves: as of this June, punishments are being served by 261,480 people; persons with current or expired punishments in register amounting to 665,607.

Ending distinctions

As also admitted by minister of justice Hanno Pevkur, Estonian penal power is currently characterised by overcriminalisation.

«Climbing neighbour’s fence to get the ball may bring a whopping one-year imprisonment,» he noted.

According to the minister, it is definitely condemnable to use other people’s belongings without permission, but punishments should be proportional.

To improve the situation, a taskforce revising penal power was launched in 2011, headed by University of Tartu professor Jaan Sootak. The sweeping draft legislation, reducing necessary elements for offences by nearly a third, was yesterday sent to be approved.

Referring to Mr Pevkur’s example of getting a stray ball from neighbour’s yard resulting in a year behind bars: in the future, illegal entry will be changed into misdemeanour. Provided dwelling was not entered and force not used.

No longer will persons repeatedly committing the same sort of misdemeanours be charged with crime.

«The idea is: earlier misdemeanours do not make fresh misdemeanours more serious by nature,» explained Kristel Siitam-Nyiri, vice chancellor at Ministry of Justice.

In the future, distinctions will no longer be made between gratuities and bribes, these elements will be merged as in practice, proving these has been problematic. In the new arrangement, the former gratuities’ minimum punishment will be used as  common minimum, the former maximal bribe punishment serving as the upper ceiling thereof.

Also, new elements will be created for bribes in private sector.

«Even now, accusations may be filed for bribes given and receives in private sector; however, it is legally not quite substantiated to place these under criminal official offences; therefore, we have created new sections for these,» said Ms Siitam-Nyiri.

The minimal daily rate used to calculate pecuniary punishments will be raised. The rate was established in 2001 with ratification of penal Code, the sum determined to be 50 Estonian kroons (€3.2), the rate still standing today. Back then, minimum wages were 1,600 Estonian kroons, of which minimal daily rate was 1/32.

«We have proposed, in the draft, the new daily rate to be €10,» said the vice chancellor. «We have brought the proportion back to the original level; today, minimal wages are €320.»

Family violence in focus

Minimal daily rate will also significantly affect the line between crimes and misdemeanours. Damage under 20 daily rates i.e. €64 caused by criminal offences against property currently classifies as misdemeanour – above it, it is crime. The new line is drawn at €200.

The draft will specify the definition of physical abuse. While currently imprisonment of up to three years is prescribed for hitting another person, then from now on, it is desired to separate less and more serious infringements.

«For simply damaging another’s health – by hitting or inflicting pain by physical abuse – the punishment, in the future, will be up to one year in prison,» said Ms Siitam-Nyiri. «Should there be aggravating circumstances to the deed, it is up to five years’ imprisonment.»

Aggravating circumstances being the physical harm lasting minimum four weeks; also if the violence occurred in close or dependant relationships. «Hereafter, family violence will come under more severe punishments,» assured Ms Siitam-Nyiri.

At the same time, avoidance of making support payments for children will no longer be treated as a criminal offence.

By the draft, Penal Code section 163 will be amended with 48 elements repealed and 11 fresh ones added. Elements necessary for misdemeanour will be amended in 107 related acts.

The draft is planned to be presented to the government in the autumn of 2013, to be entered into force on January 1^st 2015.