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Investigative jurisdiction between the Estonian Police and Border Guard Board and the Estonian Internal Security Service

Passed 11.04.2013 No. 60
RT I, 12.04.2013, 4
Entry into force 15.04.2013

Amended by the following legal instruments (show)

The Regulation is established on the basis of subsection 4 of § 212 of the Code of Criminal Procedure.

§ 1.  Investigative jurisdiction of the Estonian Police and Border Guard Board

  The Estonian Police and Border Guard Board conducts pre-trial proceedings:
 1) in all criminal offences, in regard of which the competence to conduct pre-trial proceedings has not been conferred on the Estonian Internal Security Service or on some other investigative authority pursuant to subsection 2 of § 212 of the Code of Criminal Procedure;
 2) in criminal offences provided for in §§ 201, 217², 290¹, 291¹, 294, 296, 298–299, 300¹, 311³, 313 and 315–316¹ of the Penal Code, if the act was committed by an official or employee of the Estonian Internal Security Service.
[RT I, 29.12.2014, 6 – entry into force 01.01.2015]

§ 2.  Investigative jurisdiction of the Estonian Internal Security Service

 (1) The Estonian Internal Security Service conducts pre-trial proceedings:
 1) in criminal offences provided for in §§ 89–93¹ and 110–112, clause 7 of subsection 1 of § 114, subsection 2 of § 151, §§ 231–237⁶, 241–243, 251, 310 and 311, subsections 2 and 3 of § 405 and § 415 of the Penal Code;
[RT I, 07.05.2019, 2 – entry into force 10.05.2019]
 1¹) in the criminal offence provided for in clause 3 of subsection 2 of § 266 of the Penal Code, if the act was committed by handling or threatening to handle a weapon, other object used as a weapon, an explosive device or an explosive substance;
[RT I, 29.12.2014, 6 – entry into force 01.01.2015]
 1²) in the criminal offence provided for in clause 4 of subsection 2 of § 266 of the Penal Code, if the act was committed with the intention of occupying or obstructing the orderly operation of an area, building or premises of national defence importance by handling or threatening to handle a weapon, other object used as a weapon, an explosive device or an explosive substance;
[RT I, 29.12.2014, 6 – entry into force 01.01.2015]
 2) in criminal offences provided for in subsections 2 and 3 of § 327 of the Penal Code, if the act was committed by threatening to use an explosive device or an explosive substance, in criminal offences provided for in § 414 of the Penal Code, if the object of the act was an explosive substance in an amount exceeding 0.2 kg, or it posed a threat to the security, independence or territorial integrity of the Republic of Estonia, and in criminal offences provided for in § 416 of the Penal Code, if the object of the act was explosive material;
[RT I, 10.07.2018, 12 – entry into force 13.07.2018]
 2¹) in criminal offences provided for in §§ 412 and 412¹ of the Penal Code, if the object of the act was a radioactive substance, the transportation of which across the state border violated the requirements for the handling of radiation sources;
[RT I, 29.12.2014, 6 – entry into force 01.01.2015]
 2²) in criminal offences provided for in § 418 and 418¹ of the Penal Code, if the object of the act was ammunition in an amount exceeding the limit provided for in subsection 5 of § 46 of the Weapons Act and the transportation of which across the state border violated the requirements for the handling of ammunition, or in criminal offences provided for in § 418² of the Penal Code, if the object of the act was ammunition for military purposes in an amount exceeding the limit provided for in subsection 6 of § 83² of the Weapons Act and the transportation of which across the state border violated the requirements for the handling of military ammunition, or it posed a threat to the security, independence or territorial integrity of the Republic of Estonia;
[RT I, 10.07.2018, 12 – entry into force 13.07.2018]
 2³) in criminal offences provided for in §§ 418 and 418¹ of the Penal Code, if the object of the act was a firearm, the transportation of which across the state border violated the requirements for the handling of firearms, unless the firearm partially complies with the technical requirements for rendering weapons inoperable, or in the case provided for in § 418² of the Penal Code, if the object of the act was a military weapon, the transportation of which across the state border violated the requirements for the handling of military weapons, unless the firearm partly complies with the technical requirements for rendering weapons inoperable, or it posed a threat to the security, independence or territorial integrity of the Republic of Estonia;
[RT I, 10.07.2018, 12 – entry into force 13.07.2018]
 2⁴) in criminal offences provided for in § 421¹ of the Penal Code, if the object of the act was a radioactive substance, an explosive substance or ammunition in an amount exceeding the limit provided for in subsection 5 of § 46 of the Weapons Act, or a firearm, unless the firearm partially complies with the technical requirements for rendering weapons inoperable;
[RT I, 29.12.2014, 6 – entry into force 01.01.2015]
 2⁵) in criminal offences provided for in § 421² of the Penal Code, unless the object of the act was within the meaning of the Strategic Goods Act the transportation of goods used for the violation of human rights, or the provision of a related service, irrespective of the country of destination;
[RT I, 29.12.2014, 6 – entry into force 01.01.2015]
 2⁶) in criminal offences provided for in § 421³ of the Penal Code, if the restoration of the original military properties or functions of demilitarised military goods posed a threat to the security, independence or territorial integrity of the Republic of Estonia;
[RT I, 10.07.2018, 12 – entry into force 13.07.2018]
 3) in criminal offences provided for in §§ 255 or 256 of the Penal Code, if the goal of a criminal organisation is the commission of criminal offences provided for in clauses 1–2⁵ of subsection 1 of this section or § 246 of the Penal Code, or if the member of such an organisation is a person referred to in subsection 2 of this section;
[RT I, 29.12.2014, 6 – entry into force 01.01.2015]
 4) in the criminal offence provided for in § 311³ of the Penal Code, if it is the case of granting authorisation for the termination or unlawful termination of criminal proceedings and if the criminal offence was committed by a prosecutor or the head of an investigative authority or its organisational unit, or an official performing managerial functions;
 5) in the criminal offence provided for in §§ 313, 316 and 316¹ of the Penal Code, if the criminal offence was committed by a judge or a prosecutor or the head of an investigative authority or a structural unit thereof, or by an official performing managerial functions;
 6) in the criminal offence provided for in § 315 of the Penal Code, if the criminal offence was committed by the head of an intelligence or security authority or a structural unit thereof, or by an official performing managerial functions;
 7) in the criminal offence referred to in clauses 1–3, if the Penal Code provides for the liability of a legal person for the commission of such an act and the act was committed by a legal person.
[RT I, 29.12.2014, 6 – entry into force 01.01.2015]

 (2) In the case of criminal offences provided for in §§ 201, 217², 290¹, 291¹, 294, 296 and 298–300¹ of the Penal Code, the Estonian Internal Security Service conducts pre-trial proceedings, if the criminal offence was committed by
[RT I, 29.12.2014, 6 – entry into force 01.01.2015]:
 1) the President of the Republic, a member of the Riigikogu, a member of the Government of the Republic, the Auditor General, the Chancellor of Justice, a judge or a prosecutor;
 2) the head of a government authority, the Chancellery of the Riigikogu, the Office of the President of the Republic, the Office of the Chancellor of Justice, the National Audit Office, a court or a structural unit thereof, or any other official or employee performing managerial functions;
 3) the Commander of the Defence Forces, the Deputy Commander of the Defence Forces, the commander of armed service, the commander of a structural unit of the Defence Forces, the Commander of the Defence League or the head of a structural unit of the Defence League, or any other official or employee performing managerial functions of the Defence Forces and the Defence League who is not an active serviceman;
[RT I, 29.07.2014, 6 – entry into force 01.08.2014]
4) the head of the Tallinn, Tartu, Narva, Pärnu, Kohtla-Järve or Jõhvi local government unit or the state authority thereof, or any other official or employee performing managerial functions;
 5) the head of the Bank of Estonia, the Financial Supervision Authority, the Office of the Public Conciliator, a profit-making state agency, the Centre of Registers and Information Systems as a state authority administered by a government authority, the Estonian Forensic Science Institute, the Estonian Maritime Academy, the Estonian Academy of Security Sciences, the Estonian Aviation Academy, the State Shared Service Centre, the Information Technology and Development Centre of the Ministry of the Interior, the Centre for Defence Investments, the Information Technology Centre of the Ministry of Finance, the Information Technology Centre of the Ministry of the Environment, or the head of a legal person in public law, a legal person with state participation or the group thereof or a legal person established by the state or the structural unit thereof, or an official or employee performing managerial functions or other member of a management or supervisory body, if his or her activities could pose a threat to national security.
[RT I, 07.02.2017, 3 – entry into force 10.02.2017]

§ 3.  Implementing provision

  Criminal proceedings that commenced prior to the entry into force of this Regulation shall be completed in accordance with the investigative jurisdiction provided for in the Regulation of the Government of the Republic No. 193 of 19 July 2007 “Investigative jurisdiction between the Estonian Police and Border Guard Board and Estonian the Internal Security Service”.

§ 4.  Repeal of the Regulation

[Omitted from this text.]