In the most serious cases, hate speech is considered to be a criminal offense. When a person is charged with a crime, they are called “the accused” and the criminal charges are examined in criminal proceedings.
Legal aspects
Criminal offence
Estonian Penal Code states that 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 are punishable. However, incitement to hatred is a criminal offence which can be lawfully prevented or punished by the state only in case the committed act causes the death of a person or results in damage to health or other serious consequences; or is committed by a person who has previously been punished by such act. The punishment can be in such cases a pecuniary punishment or up to three years’ imprisonment.
It is not just the authors who can be found guilty in criminal cases involving hate speech. You may also be found liable for the mere dissemination of hate speech if you endorse the message. For example, when offering a platform by publishing or broadcasting the message.
Read more about the right to a fair trial in criminal proceedings.
Compensation
Request for compensation during trial
In Estonia, you may request compensation during the pre-trial stage of criminal proceedings. The victim may file a civil action that lists damages and request for compensation within 10 days after examining the criminal file.
The victim may ask to be compensated for the loss of both:
- damaged or lost property
example A damaged car, or money that the victim has spent for their treatment in hospital.
- moral suffering
example If the victim had been kidnapped and held in captivity, they may request compensation for the moral suffering that they have experienced. In addition, the victim may seek compensation for the moral suffering if physically injury was suffered because of the crime.
Amount of compensation
In determining the amount of compensation, the court will consider:
- the gravity of the offense
- the injuries suffered and their consequences
- the psychological trauma the victim may have suffered and other factors