Victim's civil action: state fee exemption extends to new grounds for leaving the action unheard

From 01.11.2026 no state fee is charged in civil proceedings either for a victim's civil action for proprietary damage that the court left unheard in criminal proceedings under KrMS § 235² or § 263¹ (RLS § 22 lg 1 p 15) [1]; until now the provision named only KrMS § 244¹ [2].

What changes

• State fee exemption: no state fee is charged for hearing a victim's civil action for proprietary damage in criminal proceedings, nor in civil proceedings if the action was left unheard in criminal proceedings „kriminaalmenetluse seadustiku § 235², 244¹ või 263¹ alusel“ (translation: under § 235², 244¹ or 263¹ of the Code of Criminal Procedure) (RLS § 22 lg 1 p 15) [1]. Until now only an action left unheard under KrMS § 244¹ was fee-free in civil proceedings [2].
• New grounds for leaving the action unheard: under KrMS § 235² lg 1, entering into force the same day, the court may in summary proceedings also leave a civil action unheard on the ground „et see oma mahukuse või keerukuse tõttu takistaks kriminaalasja kiiret lahendamist, kui kohtu hinnangul on kannatanu võimeline enda huve kaitsma muus menetluses“ (translation: that because of its volume or complexity it would hinder the quick resolution of the criminal case, if in the court's opinion the victim is able to protect their interests in other proceedings) [3]. A ground in the same words is added as a new subsection 1¹ of KrMS § 263¹, which deals with the court's decision to accept a civil action [4]. In settlement proceedings the prosecutor's office may return a civil action to the victim if it would significantly hinder the quick resolution of the criminal case and in the prosecutor's opinion the victim is able to protect their interests in other proceedings (KrMS § 244¹ lg 1¹) [5].
• Alcohol register fees abolished: from 01.11.2026 the act no longer contains RLS § 261³², under which a state fee of 10 euros was paid for an application to enter alcohol in the register and 4 euros for an application to extend the validity of a register entry [6]. According to the explanatory memorandum, the state alcohol register ceases to operate on 1 November 2026 [7].

Who is affected

Victims of crime claiming compensation for proprietary damage and their representatives (RLS § 22 lg 1 p 15) [1]; also businesses that applied for entering alcohol in the register or extending a register entry [6].

What to do

• Leaving a civil action unheard under KrMS § 235² does not preclude filing the same claim in civil proceedings (KrMS § 235² lg 2) [3]. If the action was left unheard in criminal proceedings under KrMS § 235², 244¹ or 263¹, no state fee is charged for hearing it in civil proceedings (RLS § 22 lg 1 p 15) [1].
• If the court leaves a civil action unheard under KrMS § 263¹, the victim may file an appeal against the ruling; the circuit court's ruling on that appeal cannot be contested (KrMS § 263¹ lg 1²) [4].