Estonia

Article 11

Rights and freedoms may be restricted only in accordance with the Constitution. Such restrictions must be necessary in a democratic society and shall not distort the nature of the rights and freedoms restricted.

Article 15

Everyone whose rights and freedoms are violated has the right of recourse to the courts. Everyone has the right, while his or her case is before the court, to petition for any relevant law, other legislation or procedure to be declared unconstitutional.

The courts shall observe the Constitution and shall declare unconstitutional any law, other legislation or procedure which violates the rights and freedoms provided by the Constitution or which is otherwise in conflict with the Constitution.

Article 18

No one shall be subjected to torture or to cruel or degrading treatment or punishment.

No one shall be subjected to medical or scientific experiments against his or her free will.

Article 19

Everyone has the right to freely develop his/her personality.

Everyone shall honor and consider the rights and freedoms of others, and shall observe the law, in exercising his or her rights and freedoms and in fulfilling his or her duties.

Article 20

Everyone has the right to liberty and security of person.

No one shall be deprived of his or her liberty except in the cases and pursuant to procedure provided by law:

1.to execute a conviction or detention ordered by a court;

2.in the case of non-compliance with a direction of the court or to ensure the fulfillment of a duty provided by law;

3.to combat a criminal or administrative offence, to bring a person who is reasonably suspected of such an offence before a competent state authority, or to prevent his or her escape;

4.to place a minor under disciplinary supervision or to bring him or her before a competent state authority to determine whether to impose such supervision;

5.to detain a person suffering from an infectious disease, a person of unsound mind, an alcoholic or a drug addict, if such person is dangerous to himself or herself or to others;

6.to prevent illegal settlement in Estonia and to expel a person from Estonia or to extradite a person to a foreign state.

No one shall be deprived of his or her liberty merely on the ground of inability to fulfill a contractual obligation.

Article 29

An Estonian citizen has the right to freely choose his or her area of activity, profession and place of work. Conditions and procedure for the exercise of this right may be provided by law. Citizens of foreign states

and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by law.

No one shall be compelled to perform work or service against his or her free will, except service in the armed forces or alternative service, work to prevent the spread of an infectious disease, work in the case of a natural disaster or a catastrophe, and work which a convict must perform on the basis of and pursuant to procedure established by law.

The state shall organize vocational training and shall assist persons who seek employment in finding work.

Working conditions shall be under state supervision.

Everyone may freely belong to unions and federations of employees and employers. Unions and federations of employees and employers may uphold their rights and lawful interests by means which are not prohibited by law. The conditions and procedure for the exercise of the right to strike shall be provided by law.

The procedure for resolution of labor disputes shall be provided by law.

The Constitution of the Republic of Estonia 1992 (revised 2015) (PDF

Article 133. Trafficking in human beings

(1) Placing a person, for the purpose of gaining economic benefits or without it, in a situation where he or she is forced to marry, work under unusual conditions, engage in prostitution, beg, commit a criminal offence or perform other disagreeable duties, and keeping a person in such situation, if such act is performed through deprivation of liberty, violence, deceit, threatening to cause damage, by taking advantage of dependence on another person, helpless or vulnerable situation of the person, is punishable by one to seven years’ imprisonment.

(2) The same act if:

1) committed against two or more persons;

2) committed against a person of less than eighteen years of age;

3) committed against a person in a helpless situation; 4) committed in a torturous or cruel manner;

5) serious health damage is caused thereby;

6) danger to life is caused thereby; 7) committed by a group;

8) committed by taking advantage of official position,

9) serious consequences are caused thereby;

10) committed by a person who has previously committed a criminal offence provided for in this section or §§ 133¹, 133², 133³ or 175; is punishable by three to fifteen years’ imprisonment.

(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

3¹) In the case of any criminal offence provided for in this section, if committed by a person who has previously been punished for a crime provided for in this section or §§ 133¹, 133², 133³ or 175 of this Code the sentence imposed shall not be suspended in full.

(4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

(5) For the purposes of this section, vulnerable situation is a situation where a person lacks an actual or acceptable opportunity not to commit any of the acts specified in subsection (1) of this section.

Section 133¹.  Support to human trafficking

 (1) Transportation, delivery, escorting, acceptance, concealment or accommodation without prior authorisation of a person placed in a situation specified in subsection 133 (1) of this Code, or aiding without prior authorisation his or her forced acts in any other way,

is punishable by up to five years’ imprisonment.

 (2) The same act if:

 1) committed against two or more persons;

 2) committed against a person of less than eighteen years of age;

 3) committed against a person in a helpless situation;

 4) committed by taking advantage of official position,

is punishable by two to ten years’ imprisonment.

 (3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,

is punishable by a pecuniary punishment.

(4) For the criminal offence provided for in this section, the court shall impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of Section 832 of this Code

Article 133². Pimping

(1) Organisation of a meeting of a person engaged in prostitution with a client, owning, managing of a brothel, aiding of prostitution or renting of premises for keeping a brothel, or influencing of a person to cause him or her to commence or continue prostitution, if the act does not contain the necessary elements of an offence provided for §§ 133 or 133¹ of this Code, is punishable by a pecuniary punishment or up to five years’ imprisonment.

(2) The same act if:

1) committed by a person who has previously committed an offence provided for in this section or §§ 133, 133¹, 133³ or 175;

2) committed for the purpose of large proprietary gain, is punishable by one to five years’ imprisonment.

(3) The same act, if committed by a legal person, is punishable by a pecuniary punishment. 

(3¹) In the case of any criminal offence provided for in this section, if committed by a person who has previously been punished for a crime provided for in this section or §§ 133, 133¹, 133³ or 175 of this Code, the sentence imposed shall not be suspended in full.

(4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

(5) For the purposes of this section, a brothel denotes any premises or limited area where a third party mediates the engagement of two or more people in prostitution or aids engagement of two or more people in prostitution.

Article 134.  Abduction

 (1) Taking or leaving a person, through violence or deceit, in a state where it is possible to persecute or humiliate him or her on grounds of race or gender or for other reasons, and where he or she lacks legal protection against such treatment and does not have the possibility to leave the state,

is punishable by a pecuniary punishment or up to five years’ imprisonment.

 (2) The same act, if committed:

 1) against two or more persons; or

 2) against a person of less than eighteen years of age,

is punishable by two to ten years’ imprisonment.

 (3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,

is punishable by a pecuniary punishment.

Article 136.  Unlawful deprivation of liberty

 (1) Unlawful deprivation of the liberty of another person

is punishable by a pecuniary punishment or up to five years’ imprisonment.

 (2) The same act, if committed against a person of less than eighteen years of age,

is punishable by one to five years’ imprisonment.

 (3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,

is punishable by a pecuniary punishment.

Article 138. Forcing person to donate organs or tissue
(1) Placing a person in a situation where organs, tissue or cells are removed from him or her, if such act is performed through deprivation of liberty, violence, deceit, threatening to cause damage, by taking advantage of dependence on another person, helpless situation or vulnerable situation of the person and such act does not contain the necessary elements of an offence provided for in § 118 of this Code, is punishable by up to five years’ imprisonment.

(2) The same act if:

1) committed against two or more persons;

2) committed against a person of less than eighteen years of age;

3) committed against a person in a helpless situation;
4) committed in a torturous or cruel manner;
5) serious health damage is caused thereby;
6) danger to life is caused thereby;
7) committed by a group;
8) committed by taking advantage of official position,
9) serious consequences are caused thereby;
is punishable by two to ten years’ imprisonment

Article 139. Illegal removal of organs or tissue
(1) Removal, for transplantation purposes, of human organs or tissue by a person with the corresponding right arising from law, if the person from whom the organs or tissue are removed has not been notified of the essential potential dangers arising from the removal of organs or tissue before he or she grants consent thereto, or if the person removing the organs or tissue was aware that the person from whom the organs or tissue are removed will receive remuneration therefore, is punishable by a pecuniary punishment or up to one year's imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

Article 140. Inducing person to donate organs or tissue

(1) Illegal inducing of a person to grant a consent for removal of his or her organs, tissue or cells, if the act does not contain the necessary elements of an offence specified in §§ 118 or 1381 of this Code, is punishable by a pecuniary punishment or up to one year's imprisonment.
(2) The same act, if committed against a person of less than eighteen years of age, is punishable by up to five years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

Article 175. Human trafficking with respect to minors

(1) Influencing of a person of less than eighteen years of age, for the purpose of gaining economic benefits or without it, in order to cause him or her to commence or continue engagement in prostitution or commission of criminal offences, work under unusual conditions, beg or marry against his or her will or appear in pornographic or erotic performances or works if it does not contain the necessary elements of an offence provided for in § 133 of this Code, and aiding in other manner in the activities specified in this section of a person of less than eighteen years of age, is punishable by two to ten years’ imprisonment.

(1¹) The same act if committed by a person who has previously committed a criminal offence provided for in this section or §§ 133-133³, § 175¹ or §§ 178-179, is punishable by three to ten years’ imprisonment.

(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

(3¹) In the case of any criminal offence provided for in this section, if committed by a person who has previously been punished for a crime provided for in this section or §§ 133, 133¹, 133², 133³, 175¹, 178, 178¹ or 179 of this Code, the sentence imposed shall not be suspended in full.

(3) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.

CRIMINAL CODE ESTONIA 2019 (PDF)