Lex Mundi Global Anti-Corruption Compliance Guide |
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Estonia |
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| (Europe) Firm COBALT Law Firm Updated 01 Feb 2022 | |
| What is the key anti-bribery and corruption legislation in your jurisdiction? | The key anti-bribery and corruption legislation in Estonia are the Anti-corruption Act and Penal Code. |
| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | Yes, the Anti-corruption Act was enacted on April 1, 2013. |
| Is a bribe payment to domestic government officials prohibited by the legislation? | Yes, a bribe payment to a domestic government offical is prohibited under the Penal Code. |
| Is a bribe payment to foreign government officials prohibited by the legislation? | Yes, bribery offenses under the Penal Code also apply to foreign government officials. Moreover, it is prohibited under the Penal Code to grant, accept or arrange receipt of gratuities or bribes outside the territory of Estonia if such act is committed by an Estonian citizen, Estonian official or a legal person registered in Estonia, or an alien who has been detained in Estonia and who is not extradited, or any person participated therein. |
| Is requesting or accepting a bribe prohibited by the legislation? | Yes, accepting a bribe is prohibited under the Penal Code. |
| Who is subject to the legislation? | For requesting, consenting to promising or accepting a bribe:
For payment of bribes: both individuals and corporate entities, in private and public sectors. |
| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | Yes, there is criminal liability for corporate entities who have paid or accepted bribe payments. |
| What is the penalty for individuals violating the law? | The penalty for individuals violating the law is pecuniary punishment (in the amount of up to 500 times the average daily income) or up to ten years’ imprisonment. In addition, the court may impose, as a supplementary punishment, prohibition to engage in enterprise for a term of one to five years. |
| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | The penalty for corporate entities violating the law is pecuniary punishment in the amount of EUR 4,000 to EUR 16 million. |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | It might constitute a defense, depending on the compliance program and the circumstances of the case. However, despite the company's potential efforts this does not exempt the company from liability, if the offense of corruption has been committed by a member of its body or a key employee. A key employee is a person who has the legal competence to make managerial decisions and the ability to direct the will of a legal person. |
| Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities? | Yes, a court may adjudicate a criminal matter by way of settlement proceedings at the request of the accused or the prosecutor's office. |
Lex Mundi Global Anti-Corruption Compliance Guide
The key anti-bribery and corruption legislation in Estonia are the Anti-corruption Act and Penal Code.
Yes, the Anti-corruption Act was enacted on April 1, 2013.
Yes, a bribe payment to a domestic government offical is prohibited under the Penal Code.
Yes, bribery offenses under the Penal Code also apply to foreign government officials. Moreover, it is prohibited under the Penal Code to grant, accept or arrange receipt of gratuities or bribes outside the territory of Estonia if such act is committed by an Estonian citizen, Estonian official or a legal person registered in Estonia, or an alien who has been detained in Estonia and who is not extradited, or any person participated therein.
Yes, accepting a bribe is prohibited under the Penal Code.
For requesting, consenting to promising or accepting a bribe:
- In the case of the public sector: officials, i.e. natural persons who hold an official position for the performance of public duties regardless of whether he or she performs the duties imposed on him or her permanently or temporarily, for a charge or without charge, while in service or engaged in a liberal profession or under a contract, by appointment or election.
- In the case of the private sector: a person competent to engage in economic activities in the interests of a person in private law, and an arbitrator.
For payment of bribes: both individuals and corporate entities, in private and public sectors.
Yes, there is criminal liability for corporate entities who have paid or accepted bribe payments.
The penalty for individuals violating the law is pecuniary punishment (in the amount of up to 500 times the average daily income) or up to ten years’ imprisonment. In addition, the court may impose, as a supplementary punishment, prohibition to engage in enterprise for a term of one to five years.
The penalty for corporate entities violating the law is pecuniary punishment in the amount of EUR 4,000 to EUR 16 million.
It might constitute a defense, depending on the compliance program and the circumstances of the case. However, despite the company's potential efforts this does not exempt the company from liability, if the offense of corruption has been committed by a member of its body or a key employee. A key employee is a person who has the legal competence to make managerial decisions and the ability to direct the will of a legal person.
Yes, a court may adjudicate a criminal matter by way of settlement proceedings at the request of the accused or the prosecutor's office.