Octopus Cybercrime Community

Cybercrime legislation has been enacted through measures foreseen in the Penal Code in terms of substantive law and in the Criminal Procedure Code in terms of procedural law and international cooperation.

Both substantive and procedural criminal law framework of Estonia are fully in line with the Convention requirements.

The Penal Code includes the following offences:

• § 217. Illegal obtaining of access to computer systems
• § 137. Unauthorised surveillance
• § 206. Interference with computer data
• § 207. Hindering of functioning of computer systems
• § 216¹. Preparation of computer-related crime
• § 213. Computer-related fraud
• § 344. Counterfeiting of documents, seals or blank document forms
• § 213. Computer-related fraud
• § 175¹. Requesting access to child pornography and watching thereof
• § 178. Manufacture of works involving child pornography or making child pornography available
• § 222¹. Infringement of copyright in computer system

The Criminal Procedure Code among others includes the following investigative measures:

• § 215. Obligation to comply with orders and demands of investigative bodies and prosecutors’ offices
• § 90¹. Request to electronic communications undertakings to submit information
• § 91. Search
• § 126³. Surveillance activities
• § 126⁵. Covert surveillance, covert collection of comparative samples and conduct of initial examinations, covert examination and replacement of things
• § 126⁷. Wire-tapping or covert observation of information

Some relevant provisions are included in the Electronic Communications Act:

• ECA § 111¹. Obligation to preserve data
• ECA § 112. Obligation to provide information

Horizontally applicable safeguards as foreseen by the Constitution of Estonia and the Criminal Procedure Code.

Penal Code

Constitution of Estonia

Criminal Procedure Code

Electronic Communications Act (data retention)

Personal Data Protection Act

Cybersecurity Act

International cooperation is ensured through Estonia being a member of the UN, CoE as well as through EU conventions and bilateral agreements

Competent authorities and channels

Authority for extradition and provisional arrest in the absence of other treaties (Article 24)

Ministry of Justice

Tõnismägi 5A, Tallinn 15191, Republic of Estonia

+372 620 81 90/+372 620 81 91

[email protected]

www.just.ee

Authority for Mutual Legal Assistance in the absence of other agreements or arrangements (Article 27)

Ministry of Justice

Tõnismägi 5A, Tallinn 15191, Republic of Estonia

+372 620 81 90/+372 620 81 91

[email protected]

www.just.ee

24/7 Contact point (Article 35)

Estonian Police and Border Guard Board

Intelligence Management and Investigation Department

Law Enforcement Intelligence Management Bureau (SPOC)

Tööstuse 52, 10419 Tallinn, ESTONIA

Prosecutor’s Office

Sources and links (Practical guides, templates and best practices)

Cybercrime online reporting