Estonian Criminal Law
What are the principal punishments for criminal offences?
Pecuniary punishment and imprisonment.
Dishonest appropriation of property belonging to another with intent to permanently deprive.
Theft
Using reasonable force to protect oneself against attack.
Self-defence
Principle that says a person is innocent until proven guilty.
Presumption of innocence.
Behaviour that is considered wrongful by the state and punishable by law.
Crime
Principal punishments for misdemeanours?
Fine, detention, and deprivation of driving privileges
Entering a building as a trespasser with intent to steal or commit violence.
Burglary
Why is intoxication usually NOT accepted as a defence?
Because people who knowingly become intoxicated are responsible for their actions; it may be an aggravating circumstance.
Who carries the burden of proof in criminal cases?
The prosecutor / state.
Two main elements that must usually be proved for a crime in English law?
Actus reus and mens rea.
Replacing imprisonment or detention with community service, electronic surveillance, or treatment.
Substitution of punishment
The difference between murder and manslaughter?
Murder is intentional killing; manslaughter is unintentional or negligent killing.
The difference between defence and mitigation.
Defence avoids guilt entirely; mitigation only reduces punishment after guilt is proven.
What is arraignment?
The accused is formally informed of charges and asked to plead guilty or not guilty.
A person who commits a criminal offence.
Offender; perpetrator.
Suspension of sentence provided the offender commits no new intentional crimes during 1–5 years.
Probation
What makes robbery different from theft?
Robbery involves stealing using force or threat of force.
A person is under the age of 14 and/or is not mentally capable or has diminshed mental capacity at the time of the commision of the act.
Not capable of guilt.
Negotiation where the defendant pleads guilty in exchange for reduced charges or lighter sentence.
Plea bargaining
An offence for which the prosecution does not need to prove mens rea.
Strict liability offence
Conditional release after serving part of a sentence, with supervision for the remaining term.
Release on parole
What are strict liability crimes?
Crimes where no mens rea is required — only the act must be proved.
The difference between necessity and self-defence.
Necessity involves acting to prevent a greater harm, while self-defense is about protecting oneself from imminent harm.
Two differences between jury trial and bench trial.
Jury trial: decided by jury.
Bench trial: decided by judge alone.
The formal written accusation of a serious crime in Crown Court.
Indictment