Estonian Penal Code provides that offences are divided into criminal offences and misdemeanours. A criminal offence is a more serious offence, whereas a misdemeanour constitutes a minor offence. A misdemeanour is an offence for which the principal punishment is a fine or detention. In Estonia, misdemeanour liability is applied in most cases of hate speech.
Incitement of hatred
Estonian Penal Code includes provision on prohibition of incitement to hatred. Activities which publicly incite to hatred, violence or discrimination on the basis of nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, or financial or social status if this results in danger to the life, health or property of a person are punishable by a fine of up to three hundred fine units or by detention.
Investigation and launch of misdemeanours proceedings is a task of extra-judicial body (e.g. Police and Border Guard - the police). Both the police and a court can impose punishment for a misdemeanour. The decision of the police can be appealed to a court. Only a court has the right to order a detention, i.e., short-term imprisonment. The police do not have this right; however, it has the right to choose whether to impose a fine or address a court to order detention. The minimum period of detention is one day and the maximum 30 days.
Read more about hate crimes and the differences between hate crimes and hate speech.
Request for compensation during misdemeanor proceedings
You can request compensation from the perpetrator by lodging a civil claim, as set out in the Code of Civil Procedure.
Read more about civil claims and civil liability.