karistusmäärus

Karistusmäärus, in Estonian criminal procedure, is a mechanism for resolving certain minor offenses without a full court trial by issuing a penalty order. It is issued by a public prosecutor under the Code of Criminal Procedure when there is sufficient evidence of the offense, the offense is qualified as minor, and the offender’s guilt is established or acknowledged in a manner provided by law. The measure is designed to be faster and less burdensome than ordinary criminal proceedings.

A penalty order typically imposes a monetary penalty and may include related costs or other light sanctions defined by law. The exact amount and the conditions for payment are specified in the order. The offender is notified of the decision and given a prescribed period to comply, usually by paying the penalty. The order is enforceable if it is not challenged within the available period.

The recipient has two main options. The first is to accept the penalty order, which generally ends the case and results in the penalty being enforced. The second is to file an objection with the court within the prescribed time—often called a challenge to the order. If an objection is filed, the case is reviewed by a court, and regular criminal proceedings may proceed.

Karistusmäärus is intended to reduce court workload and speed up resolution of minor offenses. It is not applicable to serious crimes or offenses outside the enumerated scope, and it requires that the offender be given an opportunity to contest the order. If the penalty is not paid, enforcement measures may follow.