Avalehe pilt
Frequently asked questions
09/23/2019

Until what time a minor can be outside in a public place?
Pursuant to section 231 of the Child Protection Act, it is prohibited for a minor less than 16 years of age to be in a public place from 23.00 to 06.00 without being accompanied by an adult. In summertime, during the period from 1 June to 31 August, it is prohibited for a minor to be in a public place from 00.00 to 05.00 without being accompanied by an adult. Thus, minors of 16 and 17 years of age can be in a public place as long as they wish if they have relevant permission of parents. In case of younger minors, it is recommended to agree with parents in an adult person accompanying minors and to exchange contact data mutually. 

I was sent a letter/SMS, I suspect that it is dealt with a fraud, what to do about it?
In case of unexpected letters there is applying a rule that the more tempting or tremendous is its content, the more likely it is dealt with a fraud. Content itself may be a lottery win, heritage, loan on superb conditions, super price-offer for a car on offer or quite the contrary, kidnapped acquaintance or something else. The list is not closed and is being upgraded continually.

In order to check truthfulness of the information, the quickest way is to search via Google the sender as well as the company. If possible, please ask particulars from the initial source, not from the sender (if you won allegedly by lottery of Nokia-company, then homepage of Nokia-company should be browse – if there’s not a single word related to lottery, then it’s surely dealt with a fraud scheme) or from other reliable persons being familiar with the issue. 

Also fact that it is started to ask your data, should raise suspicion. The aim of the fraud may be namely to find out the data and to utilize these later in order to benefit or cause damage via new schemes.

If you are guessing that it is dealt with fraud, delete the letter and block the sender. Smartphones enable to block the number, in other cases it must be applied to one’s service provider. If you have understood only afterwards that it has been dealt with a fraud and hence, you have also suffered damage, you may submit an application to the Police. Unfortunately, also in this case, recovery of money is not guaranteed as there are many countries in the world where criminals are not extradited from and important for the proceeding data are not issued.

Whether a minor must have the right to drive in AM category in order to drive a moped?
A person born prior to 1 January 1993 is not required to have a right to drive power-driven vehicles in the AM category. AM category is also not required, if a person already has the right to drive any power-driven vehicle of other category.  Hence, in all other cases one must have the right to drive in the AM category for driving a moped (subsection 94 (2) of the Traffic Act). Pursuant to clause 103 (1) 1) of the Traffic Act, relevant right to drive is granted to a person of at least 14 years of age.

A friend forgot his/her Facebook account open and I wrote there silly posts, could I be subject to bringing to justice?
Yes, you can be brought to justice as you don’t have the right to use this account. If you see other person’s car that has open doors and working engine, then you won’t think that hi, this car is prepared for my use? Or if you pass your neighbour’s open door, you won’t think that hi, I’m going to move in and start to live here? While posting under his or her name to the accounts of other persons, you are acting as other person and thus, committing the theft of identity.

I found an account/ad that is using my name – I’m suspecting the theft of identity, what to do?
Name of a person may not be unique, you may have a namesake in Estonia or any foreign country. Hence it is important that in addition to the name, also other features would match your person. In case of several features, you may submit an application to the Police. If there are few such features, then please consult the web-constable, whether it is possible to bring anyone to justice on the basis of this information. It may be dealt with illegal use of another person’s identity or violation of section 1572 of the Penal Code that is punishable by a pecuniary punishment or by up to 3 years’ imprisonment.

What to do if anyone disseminates false information, defamation about me?
In order to protect your good name and to defend your honour, you may file an action with civil court. If you wish to solve the arisen situation more peacefully, then first of all, turn to a person who is disseminating false information in relation to you and ask him or her to delete the information (posting, article, photo, etc.). If the person does not respond, then address to the moderator of the internet portal. If this action did not produce a result either, write about your problem to the web-constable. If intervention of the web-constable does not help, then, in order to protect your rights, apply to the court.

The neighbours are very noisy and listening to the music continuously, how to behave?

First you should notify your neighbours that their noise created by them is troubling you. If the problem won’t still be solved, call 110 and the Police patrol will come to solve the situation. If the patrol leaves and the music is turned loud nevertheless, call to 110 again.  Proceeding from section 262 of the Penal Code, breach of public order by is punishable by a fine of up to 400 euros. If such a situation is going to repeat, you could write an application to community policing constable who, basing also on previous misdemeanour penalties, may apply to the court and ask for detention days to the person breaching public order repeatedly. The judge may order detention for up to 30 days. 

Where to apply, if neighbour’s dog is barking and howling constantly?
First, you may always notify your neighbour yourself that this is troubling you seriously. You may also recommend use of anti-bark collars (these have effect on many dogs). If the situation does not improve, you may submit an application according to place of residence, either to the Police or in case of Tallinn, to the Municipal Police Department.

Whether a minor may possess a closed bottle of alcohol and box of cigarettes?
No, one can’t, because in the sense of law it does not matter, whether a box or tin is open or closed. This is prohibited both by Alcohol Act and Tobacco Act, the only difference is that there isn’t foreseen penalty for possession of alcohol. If a minor possesses a box of cigarettes, then he or she is punishable by fine of 40 euros. If a minor possesses alcoholic beverage, then actual punishment to a minor is imposed still by a parent who must come to the Police Station in order to pick up this alcoholic beverage or box of cigarettes of the child.

Shall I be imposed a fine for smoking, if I’m 12 years of age?

Minors under 14 years of age are considered incapable of guilt and materials related to their offences are delivered by the Police to the juvenile committee where it is decided which sanction would suit the best for the minor that he or she would not commit similar deeds in the future. It can be chosen between nine different sanctions (section 3 of the Juvenile Sanctions Act): warning, sanctions concerning organisation of study, referral for consultation (to a psychologist, social worker or other specialist), conciliation, an obligation to live with someone (a parent, foster-parent, substitute home), community service, surety, participation in youth or social programs or rehabilitation service or medical treatment programs,  sending to schools for students with special needs.

What will happen if I leave the fine imposed by the Police unpaid?

If pecuniary fine is not paid by term specified in decision, then this will be forwarded to bailiff who will add automatically also his or her service fee by taking the unpaid fine into his/her proceeding. After that the bailiff will find out whether the person has income, place of work, property, etc. If the person has money on his/her account, then the bailiff can withdraw from his/her account. If there’s none, then there may be prepared a schedule for paying by parts. If the person won’t have any income or property within four years and the fine remains unpaid, the claim shall be deemed expired and this fine is not subject to payment any more.

Can it be addressed to the Police with issue of non-payment of maintenance support?
Yes. If there is ordered monthly support by a court and this obligation is not met, then there is breached section 169 of the Penal Code what is punishable by a pecuniary punishment or up to one year of imprisonment. If the court has not designated the support payment, then it shall be still applied to the court first. Non-performance of mutual agreements is not stipulated by this section.

My acquaintance is holding several pictures where I’m naked and he promises to send these to my employer, if I won’t pay him 1000 euros. What do I have to do?
If someone is coercing another person to transfer money or other proprietary benefits by using a threat to disclose embarrassing information, then this is extortion that pursuant to section 214 is qualified as crime. If you are submitting an application to the Police, then add all correspondence, messages and materials relating to this.

I’m afraid to walk about in town as my former co-habitant promised to beat me up to disabled state if he/she would see me in town. Where should I apply to?
If someone is threatened to kill, to be caused health damage, then is qualified also pursuant to section 120 of the Penal Code as threat that is punishable by a pecuniary punishment or up to one year of imprisonment. If you submit an application to the Police, then add all communications, messages and materials that are related to this.

A person is publicizing names of scoundrels and crooks together with their home addresses and account numbers at his web-page. Is it prohibited?
Pursuant to section 22 of the Personal Data Protection Act, the rule is that if anyone sees that his or her data are publicized without his or her authorization, then the data subject has the right of recourse to the Data Protection Inspectorate or a court. The person who is publicizing these must take into account that he or she could be appealed to the court for this.

I have been deceived as I paid in internet for the goods to a private person, but I haven’t received these. What to do?

First, you have to try to contact the seller of the thing. It’s possible that something unexpected has emerged to the person and he or she hasn’t had the possibility to post it. If this does not produce results, one should apply to the Police as in this case it may be dealt with a fraud pursuant to section 209 of the Penal Code. To the application there must be annexed everything relating to the matter (correspondence, statement of money transfer, etc.). 

Useful reading:
FAQ of the Data Protection Inspectorate
FAQ of the Consumer Protection Board