The Framework of Criminal Law
Legislation on Bias-motivated Violence: None
| Bias-motivated Violent Crimes as Specific Offenses | Bias as an Express General Aggravating Factor | Bias as an Aggravating Factor in Specific Common Crimes |
Bias Types Covered by Provisions on Aggravating Circumstances: N/A
| Race/National Origin/Ethnicity | Religion | Sexual Orientation | Gender | Disability | Other |
The Criminal Code of Estonia does not contain specific provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.
The criminal code does contain provisions which define a “base motive” as an aggravating circumstance. In its Third Report on Estonia, the European Commission against Racism and Intolerance (ECRI) reported that the Estonian authorities maintain that “base motives” may include racist motives. The report further noted, however, that the “base motives” provisions had yet to ever be reflected in the actions of the courts.[1]
Additionally, as noted by the European Network Against Racism in its 2007 report on racism in Estonia, the Interior Ministry indicated that there had been no special courses during the years of 2005 – 2007 aimed at training the police about racist crime. Similarly, the Academy of Internal Protection, an institution that provides education and training to young policemen, also reported not having any special courses regarding hate crime within their curriculum.[2]
[1] ECRI, “Third Report on Estonia,” adopted on June 24, 2005 and made public on February 21, 2006, para. 36.
[2] ENAR, “Shadow Report 2007: Racism in Estonia,” page 37, http://cms.horus.be/files/99935/MediaArchive/national/Estonia%20-%20SR%202007.pdf.