Korrakaitseseadus (KorS)

§ 1. Scope of regulation of Act

(1) This Act provides for the general principles of, bases for and organisation of the protection of public order (hereinafter law enforcement).

(1¹) In the application of a state supervision measure and direct coercion and in the prevention of offences, the processing of personal data is subject to Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016, pp 1–88) with the restrictions arising from this Act established under Article 23 of Regulation (EU) 2016/679 of the European Parliament and of the Council.

(2) The provisions of the Administrative Procedure Act apply to administrative proceedings provided in this Act, taking into account the specifications arising from this Act.

(3) Upon applying a measure of state supervision based on a specific law, a law enforcement agency proceeds from the provisions of the specific law, adhering to the principles of this Act. In cases not regulated by the specific law, the provisions of the Law Enforcement Act are proceeded from.

(4) The functions and activity of a law enforcement agency in offence proceedings are provided in the Code of Criminal Procedure and in the Code of Misdemeanour Procedure. The choice of the legal basis of the activity between state supervision proceedings and offence proceedings is determined by the objective goal of the measure.

(5) This Act is not applied to the activity of security authorities in the performance of functions arising from the Security Authorities Act, except for the obstruction of a criminal offence.

(6) This Act is not applied to the activity of the Defence Forces in the military defence of the state, in the preparation of military defence, in the performance of an international military obligation or in ensuring security in the security area of the Defence Forces.

(7) This Act is not applied to the exercise of supervision by an administrative authority over the lawfulness and expediency of the activity of another administrative authority or to the exercise of supervision by a public administrative authority over the lawfulness and expediency of the performance of an administrative function by another public administrative authority.

(8) This Act is not applied:

1) by an administrative authority in proceedings pertaining to the grant of an activity licence, building permit, environmental permit or other permit;

2) by an administrative authority in proceedings pertaining to the grant of a benefit granted to a person by an alleviating administrative act at the person’s request.

(9) This Act is not applied to the activities of the prison service in the execution of detention of detained persons or in the organisation of the execution of imprisonment and custody pending trial of prisoners and persons in custody, or to the activities of the Police and Border Guard Board in the execution of detention of detained persons and during the stay of persons in custody in a house of detention.

(10) This Act is not applied to the activities of the Competition Authority in enforcing Chapters 2 and 4 of the Competition Act and Articles 101 and 102 of the Treaty on the Functioning of the European Union, unless otherwise provided by the Competition Act.

§ 2. Law enforcement and state supervision

(1) Law enforcement means the prevention of a threat endangering public order (hereinafter threat), ascertainment of a threat in the case of a suspicion of a threat, countering of a threat and elimination of a breach of public order (hereinafter disturbance).

(2) Law enforcement is the responsibility of a person liable for public order.

(3) If no liable person exists or if their activity is not sufficient or purposeful for another reason, law enforcement is the responsibility of a competent law enforcement agency.

(4) State supervision is the activity of a law enforcement agency with the aim of preventing a threat, ascertaining and countering a threat or eliminating a disturbance.

§ 3. International co-operation

(1) Under an international agreement or legislation of the European Union a competent administrative authority of another state or a competent authority of the European Union may be involved in ensuring public order on the territory of the Republic of Estonia. The involvement of an official of a competent authority of another state in the activities of a law enforcement agency is decided by the relevant minister unless otherwise provided by the international agreement or legislation of the European Union. On the territory of the Republic of Estonia the involved authority has the competence and powers provided by the legislation of the European Union or international agreement.

(1¹) An official of a competent authority of another state who engages in the activities of the police may apply the measures provided by §§ 30, 32, 39, 46, 47 and 49 of this Act on the territory of the Republic of Estonia unless otherwise provided by law, an international agreement or legislation of the European Union.

(2) Under an international agreement or legislation of the European Union an Estonian law enforcement agency may be involved in ensuring public order on the territory of another state. On the territory of the other state the Estonian law enforcement agency has the competence and powers provided by the international agreement or legislation of the European Union.

§ 3¹. Cooperation with armed forces of foreign state

(1) Upon ensuring public order, a law enforcement agency may cooperate with the armed forces of a state that is a party to an agreement concluded with the Republic of Estonia containing the principle of collective self-defence (hereinafter armed forces of a foreign state) on the conditions and in accordance with the rules provided by law, a treaty or another international agreement.

(2) The competence of the armed forces of a foreign state and their powers for the protection of public order in the territory of the Republic of Estonia in ensuring public order are determined by law, unless otherwise provided by a treaty.

(3) The armed forces of a foreign state may be involved for the purpose of ensuring public order on the conditions and in accordance with the rules provided in § 16³ of this Act.

§ 4. Public order

(1) Public order is a state of society in which the adherence to legal provisions and the protection of legal rights and persons’ subjective rights are guaranteed.

(2) The adherence to the provisions of private law and the protection of a person’s subjective rights and legal rights are part of public order insofar as judicial legal protection is not possible in a timely manner, and without an interference by a law enforcement agency exercise of a right is impossible or significantly complicated, and to counter a threat is in the interests of public order.

§ 5. Threat to public order and disturbance

(1) Disturbance is a violation of a legal provision within the area of protection of public order or of a person’s subjective right, or damage to a legal right.

(2) Threat is a situation where based on an objective assessment of the circumstances which have appeared it can be deemed likely enough that a disturbance will occur in the near future.

(3) Significant threat is a threat to a person’s health, proprietary benefit of significant value, the environment, or a threat of the commission of a criminal offence not specified in subsection 4 of this section.

(4) Serious threat is a threat to a person’s life, physical inviolability, physical liberty or proprietary benefit of great value, or a threat of the occurrence of a serious environmental damage, or a threat of the commission of a criminal offence in the first degree provided in Chapter 15 of the Penal Code or of a criminal offence provided in Chapter 22 of the Penal Code. For the purposes of this Act, an infringement of physical inviolability is a severe violation of the right of sexual self-determination or causing of serious damage to health.

(5) Immediate threat is a situation where a disturbance is already taking place or there is a great probability that it is about to take place.

(6) Suspicion of a threat is a situation where on the basis of an objective assessment of circumstances which have appeared the probability that a disturbance is taking place cannot be deemed sufficient but in the case of which there is reason to believe that a disturbance cannot be excluded.

(7) Prevention of a threat is that part of law enforcement where there is no suspicion of a threat but where a situation in the occurrence of which a suspicion of a threat or a threat will arise can be deemed possible. Prevention of a threat is, among other things, the collection, exchange and analysis of information, and the planning and execution of actions as well as the application of measures of state supervision for countering threats possibly endangering public order in the future, including the prevention of offences.

(8) In classifying the types of threat under subsections 3 and 4 of this section, proprietary benefit is assessed as follows:

1) proprietary benefit of significant value exceeds ten times the applicable minimum wage per month;

2) proprietary benefit of great value exceeds a hundred times the applicable minimum wage per month.

§ 6. Law enforcement agency

(1) A law enforcement agency is an authority, body or person authorised by law or a regulation to perform the function of state supervision.

(2) If the ascertainment and countering of a threat or the elimination of a disturbance is not within the competence of any other law enforcement agency, it is within the competence of the police.

(3) If a competent law enforcement agency is unable or is unable in a timely manner to counter a significant or a serious immediate threat or eliminate a disturbance, the police apply urgent measures on the basis of this Act (urgent competence) and notify the competent law enforcement agency immediately. The police apply urgent measures for countering an immediate threat or eliminating a disturbacnce if this does not constitute an excessive obstruction of the performance of the functions of the police.

(4) The urgent competence of the police expires when the circumstances which prevented the competent law enforcement agency from applying measures cease to exist. The competent law enforcement agency may terminate the measure applied by the police or apply a new measure. The police have the right to obtain from the competent law enforcement agency information about measures applied.

(5) If the prevention, ascertainment and countering of a threat or the elimination of a disturbance are not within the competence of a law enforcement agency, it forwards a notification concerning a need to apply a measure to a competent law enforcement agency (supervision proposal).

(6) On the basis of and pursuant to the procedure for the provision of professional assistance prescribed in the Administrative Cooperation Act, the police render assistance to another law enforcement agency in the execution of an administrative act within state supervision if the execution constitutes application of direct coercion.

§ 7. Principle of proportionality

In the performance of state supervision a law enforcement agency adheres to the following principles:

1) out of several suitable and necessary state supervision measures a law enforcement agency applies the one which will presumably harm a person as well as the public the least;

2) a law enforcement agency applies only such a state supervision measure that is proportional, taking into account the aim pursued by the measure and the situation requiring urgent application; and

3) a law enforcement agency applies a state supervision measure only until its aim has been achieved or until it can no longer be achieved.

§ 8. Principle of expediency

In the performance of state supervision a law enforcement agency acts purposefully and efficiently, and within the limits of lawful discretion applies state supervision measures flexibly.

§ 9. Protection of rights and guarantee of human dignity

Persons’ fundamental rights and other subjective rights may be restricted in state supervision proceedings only pursuant to law. In state supervision proceedings a person is to be treated without defamation and without degrading their human dignity.

§ 10. Co-operation between law enforcement agencies

(1) Law enforcement agencies are to co-operate, including gather and exchange information necessary for the performance of state supervision and make proposals for more expedient performance of state supervision.

(2) The extent of co-operation is determined by law or a regulation.

§ 11. Explanation obligation of law enforcement agency

(1) An official who is about to apply a state supervision measure is to identify themselves in a clear manner to a person in respect of whom the official is planning to apply the measure, present at the person’s request a document certifying the official’s authority (identification), and provide at the person’s request explanations concerning the measure to be applied and circumstances specified in § 36 of the Administrative Procedure Act.

(2) An official may postpone the fulfilment of the obligation specified in subsection 1 of this section as long as it is unavoidably necessary for countering an immediate threat.

(3) An official does not have the obligation specified in subsection 1 of this section if the fulfilment thereof is not possible due to the nature or purpose of the measure being applied.

§ 12. Maintenance of records of application of state supervision measure and reporting

(1) The application of a state supervision measure is to be recorded in the minutes on the grounds and in accordance with the rules provided in § 18 of the Administrative Procedure Act, taking into account the specifications provided in this Act. If a measure is recorded in the minutes, the person with regard to whom the measure has been applied is to be given, on their demand, a copy of the minutes at the first opportunity.

(2) If substitutional performance is used in the application of a state supervision measure, the substitutional performance is to be recorded in the minutes pursuant to the procedure provided in the Substitutional Performance and Non-Compliance Levies Act.

(3) If direct coercion is used in the application of a state supervision measure, the minutes of the application of the measure are to set out, in addition to the information provided in the Administrative Procedure Act, the direct coercive equipment applied, the official who applied the coercive measure, and the person, animal or thing with regard to whom or which the direct coercion has been applied. Upon the application of direct coercion against a crowd, the names of the persons with regard to whom direct coercion has been applied must be set out, where possible. The use of direct coercion with regard to a crowd must be video recorded, where possible, and the recording must be preserved on the same bases as the minutes of the application of the measure.

(4) If a weapon or special equipment is used in the application of a state supervision measure, it is mandatory to record the measure in the minutes.

(5) The Police and Border Guard Board and another law enforcement agency specified by the Government of the Republic must prepare and publish on their website no later than on the 10th day of every month a report containing a statistical overview of the following during the calendar month preceding the calendar month in which the Police and Border Guard Board or another law enforcement agency filed the report:

1) the application of a state supervision measure provided in this Act or other Act;

2) the implementation of administrative coercive measures in the application of a measure;

3) the application of direct coercion in the application of a measure; and

4) the number of persons subjected to the application of a measure.

(6) The form of the report provided in subsection 5 of this section and a list of state supervision measures to be included therein as well as a list of law enforcement agencies subject to the reporting obligation are established by a regulation of the Government of the Republic.

§ 13. Processing of personal data in exercise of state supervision

Under Article 23 of Regulation (EU) 2016/679 of the European Parliament and of the Council, a law enforcement agency may restrict the scope of the obligations and rights provided in Articles 12–22 and Article 34, as well as Article 5 of said Regulation if it is necessary for the exercise of state supervision and when such a restriction respects the essence of the fundamental rights and freedoms and is necessary and proportional in a democratic society.

§ 14. Person’s right to assistance from law enforcement agency and to participate in law enforcement

Every person has the right to:

1) assistance from a law enforcement agency, within the limits of its competence, in the prevention or countering of a threat or elimination of a disturbance for which they are not liable pursuant to § 15 of this Act if refusal to assist would be unlawful;

2) participate in law enforcement by way of civic initiative by applying ways of participation provided by law;

3) exercise self-defence, detain a person apprehended upon the commission of a criminal offence and take the person to the police, and for the purposes of law enforcement apply other means provided by law.

§ 15. Person liable for public order

(1) A person liable for public order is a person who has caused a suspicion of a threat or a threat, violates public order or has caused the possibility of the occurrence of a situation in the case of which there will be a threat or a suspicion of a threat.

(2) If the person liable for public order is less than 14 years of age or an adult with restricted active legal capacity, then law enforcement is the responsibility of their guardian or other legal representative jointly and severally with said person.

(3) If pursuant to § 132 of the Act on the General Part of the Civil Code another person is liable for the behaviour of the person liable for public order, then law enforcement is the responsibility of said person jointly and severally with the person liable for public order.

(4) As regards an animal or thing, law enforcement is the responsibility of the owner of the animal or thing, or in the case of an abandoned animal or thing, the previous owner thereof.

(5) A person with actual control over the animal or thing is responsible for law enforcement jointly and severally with the owner.

(6) A person with actual control over the animal or thing is solely responsible for law enforcement if they have obtained the actual control over the animal or thing against the owner’s will or without the owner’s will. The same applies if they have presented to a competent law enforcement agency a joint application with the owner regarding the obtainment of actual control.

(7) A legal successor of a person is also responsible for law enforcement unless it is an obligation inseparably bound to the person.

§ 16. Mandatory involvement in law enforcement of person other than person liable for public order

(1) A law enforcement agency may require a person, who is not a person liable for public order and whose obligation to counter a threat or eliminate a disturbance does not arise from another Act or an administrative contract, to counter a threat or eliminate a disturbance or give to the disposal of the law enforcement agency an object necessary for countering the threat or eliminating the disturbance if the person is able to counter the threat or eliminate the disturbance or if the object necessary for countering the threat or eliminating the disturbance is in the person’s possession and if:

1) the threat is immediate and serious;

2) the person liable for public order does not exist or the person liable is unable to counter the threat or eliminate the disturbance in a timely manner or it is not sufficiently effective;

3) the law enforcement agency itself or with the assistance of a voluntarily involved person is unable to counter the threat or eliminate the disturbance in a timely manner or sufficiently effectively; and

4) the involvement does not cause a disproportionally great threat to the person involved or to the person’s property and is not in contradiction with other obligations, arising from the law, of the person involved.

(2) In the case provided in subsection 1 of this section, a person other than a person liable for public order is permitted to be involved only insofar as this is inevitably necessary for countering a threat or eliminating a disturbance.

§ 17. Prevention of offences

The prevention of offences is an activity the purpose of which is the avoidance of offences and other disturbances, the reduction of the effect of factors favouring offences, and the guarantee of public order.

§ 18. Measures for preventing offences

Measures for preventing offences are:

1) social and educational prevention measures—reduction of the effect of factors giving rise to offences primarily by means of social, education, family, youth, cultural, alcohol and narcotics policy;

2) prevention measures of circumstances—influencing of persons with a tendency to commit offences or of criminogenic situations, and monitoring of criminogenic locations;

3) measures for eliminating consequences—activity for avoiding the commission of repeated violations by persons who have committed offences and for protecting legal order as well as for contributing to the compensation for damage caused by offences.

§ 19. Duties of state in prevention of offences

(1) Prevention work at state level is organised by the Government of the Republic through the prevention council and ministries and authorities within their area of government.

(2) Ministries must ensure in their respective areas of government in the planning and implementation of every relevant decision and activity the assessment of the effect thereof on prevention of offences.

(3) [Omitted – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

(4) [Omitted – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

(5) [Omitted – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 20. Prevention council

(1) The prevention council (hereinafter the Council) is a government committee whose duty in the organisation of cross-sectoral prevention and criminal, narcotics and child protection policy is to:

1) apply cross-sectoral prevention principles, including preparation and approval of a long-term cross-policy action plan and monitor the implementation thereof;

2) co-ordinate the implementation of the narcotics policy and establish objectives;

3) co-ordinate the prevention of offences and establish criminal policy objectives;

4) co-ordinate the activities necessary for the implementation of the child protection policy provided in § 13 of the Child Protection Act;

5) consult local governments and support raising of prevention work competence;

6) make proposals and give opinions to the Government of the Republic and other relevant institutions;

7) confer the civil courage award;

8) confer the violence prevention award.

(2) The composition, management and rules of procedure of the Council are established by a regulation of the Government of the Republic.

§ 21. Civil courage award

(1) The prevention council confers the civil courage award for preventing a criminal offence or for obstructing the commission thereof, for detaining a person apprehended upon the commission of a criminal offence or immediately after while attempting to escape, for helping a victim of a criminal offence and for other significant contribution to increasing the sense of security of people.

(2) The establishment of the civil courage award, its description and the procedure for applying for the award are provided by the statute of the award.

(3) The statute of the civil courage award is established by a regulation of the minister in charge of the policy sector. The draft regulation is co-ordinated with the Government Office.

(4) Civil courage awards are conferred in accordance with the statute of the award.

§ 21¹. Violence prevention award

(1) The council confers the violence prevention award for raising violence awareness in society, for helping victims of violence, for dealing with persons who have committed violence and for other significant contribution to violence prevention.

(2) The procedure for applying for and conferring the violence prevention award and assessing the suitability of candidates is provided by the statute of the violence prevention award.

(3) The statute of the violence prevention award is established by a regulation of the minister in charge of the policy sector.

(4) The draft regulation specified in subsection 3 of this section is co-ordinated with the Office of the President of the Republic.

§ 22. Financing of prevention of offences

(1) The prevention of offences at state level is financed from the state budget through relevant ministries.

(2) The prevention of offences at local government level is financed from the local government budget.

§ 23. Principles concerning application of state supervision measure

(1) Unless otherwise prescribed by law, state supervision measures provided in this Chapter may only be applied to a person liable for public order.

(2) The state supervision measures provided in §§ 26, 30, 32, 34 and 35¹, in subsection 1 of § 44 and in clauses 1, 3 and 4 of subsection 1 of § 47 of this Act may also be applied to a person whom there is no reason to deem a person liable for public order.

(3) A person is required to tolerate state supervision measures applied to them on the ground and in accordance with the rules provided by law.

(4) For ensuring the performance of the obligation specified in subsection 3 of this section, a law enforcement agency has the right to issue a precept to a subject of supervision and apply non-compliance levy on the ground and in accordance with the rules provided by the Substitutional Performance and Non-Compliance Levies Act. The upper limit of non-compliance levy is 9,600 euros unless otherwise provided by a specific law.

§ 24. Application of special state supervision measure by law enforcement agency for prevention of threat

(1) A law enforcement agency is permitted to apply special state supervision measures for the prevention of a threat if a situation in the occurrence of which a threat will arise can be deemed possible on the basis of a threat prognosis.

(2) A threat prognosis must be based on facts or the scientific or technical knowledge of the law enforcement agency or the obligation to exercise supervision arising from the legislation of the European Union, and adhere to the principle of equal treatment.

(3) Special state supervision measures may only be applied for the prevention of threats to the extent necessary for ensuring the compliance with the requirements provided by and on the basis of the law and arising from an international agreement or the legislation of the European Union.

(4) A law enforcement agency which has prepared a threat prognosis must constantly and at least once a year assess whether the threat prognosis is up to date and make amendments thereto, if necessary.

(5) A threat prognosis may be prepared in writing. A written threat prognosis must be approved by the head of the law enforcement agency or a person authorised thereby.

(6) Direct coercion may not be applied for the prevention of a threat unless it is necessary for the prevention of a significant or serious threat. Compelled attendance may not be applied upon the failure to appear when summoned.

§ 25. Application of state supervision measure by law enforcement agency for ascertainment of threat on the basis of authorisation of relevant minister

(1) On the basis of a prior authorisation of the relevant minister the police or, in the cases provided by law, another law enforcement agency may apply, in the case of a threat or for the ascertainment of a serious threat, the special state supervision measures specified in §§ 33, 37, 45, 47, 49 and 52 of this Act with regard to a person whom there is no reason to deem a person liable for public order.

(2) For the ascertainment of a threat endangering a person’s life or physical inviolability, or for detaining a person or for hindering their escape if they may be deprived of liberty pursuant to law or if they have been deprived of liberty pursuant to law in connection with a violent criminal offence in the first degree or with a criminal offence for which life imprisonment may be imposed as a punishment, the police may apply, with the prior authorisation of the minister in charge of the policy sector, with regard to a person specified in subsection 1 of this section the special state supervision measures specified in §§ 48 and 50 of this Act in addition to those specified in subsection 1 of this section.

(3) In the cases of urgency, the application of a special measure provided in subsections 1 and 2 of this section with regard to a person specified in subsection 1 of this section may be decided by the head of a law enforcement agency without the authorisation specified in subsections 1 and 2 of this section. The head of the law enforcement agency is required to immediately, but no later than within 24 hours after making the decision to apply the measure, inform of the special measure applied the relevant minister who must decide the justifiability of the special measure or the grant of an authorisation to continue with the special measure.

(4) The authorisation specified in subsections 1 and 2 of this section must be prepared in writing and it must set out:

1) the special measures the application of which is permitted with regard to persons specified in subsection 1 of this section;

2) the law enforcement agency which is granted the authorisation for the application of special measures;

3) the period of time during which the special measures may be applied with regard to a person specified in subsection 1 of this section and which generally may not exceed 48 hours;

4) the territory on which the special measures may be applied with regard to a person specified in subsection 1 of this section.

(5) In the case of urgency, the relevant minister may grant the authorisation specified in subsections 1 and 2 of this section orally, but it must be prepared in writing within 24 hours.

(6) The relevant ministry discloses on its website immediately after the expiry of the period of time set out in the authorisation of the relevant minister, but no later than within two working days, the information regarding the basis for, the time and the territory of the application of special state supervision measures under subsections 1–3 of this section, and regarding the number of persons subjected to the application of the special state supervision measure and the results of the application of the special measures.

(7) The information specified in subsection 6 of this section is available on the website of the relevant ministry for at least 20 days as of the publication thereof.

§ 26. Notification

(1) Within its competence, a law enforcement agency has the right to perform acts whereby the public or a person is notified of the prevention of a threat, a suspicion of a threat, a threat or a disturbance (notices, recommendations, and warnings).

(2) Disclosure of personal data is only permitted in such a case and to such an extent it is unavoidably necessary for the notification of a suspicion of a threat, of a threat or a disturbance.

(3) If a law enforcement agency notifies the public or a person of a suspicion of a threat and the suspicion of a threat does not prove to be justified, the law enforcement agency is required to disclose a notification in the same form and extent about the lack of a threat if this is requested by a person whose rights were harmed by the notification or if there is a substantial public interest.

(4) If, by a prior agreement with a competent law enforcement agency, a person liable for public order notifies a person or the public themselves of a suspicion of a threat, of a threat or a disturbance in the form and to the extent specified by the agreement, the law enforcement agency has the right provided in subsection 1 of this section only if new substantial circumstances become evident.

§ 27. State supervision in case of suspicion of threat

In the case of a suspicion of a threat, a competent law enforcement agency has the right to apply measures prescribed by law for ascertaining the existence of a threat.

§ 28. Precept and application of administrative coercive measure

(1) In the case of a threat or disturbance, a competent law enforcement agency has the right to impose by a precept on a person liable for public order an obligation to counter the threat or eliminate the disturbance, and to caution them against the application of the administrative coercive measures specified in subsection 2 or 3 of this section if the person fails to fulfil the obligation within the period of time specified in the caution.

(2) If the person liable for public order fails to comply with the precept specified in subsection 1 of this section in a timely manner, it may be enforced by the means and pursuant to the procedure provided in the Substitutional Performance and Non-Compliance Levies Act. Another person may be required to carry out substitutional performance only on the preconditions provided in § 16 of this Act. The upper limit of non-compliance levy for each imposition thereof is provided in a specific law of state supervision. In cases not provided by law, the upper limit of non-compliance levy for each imposition thereof is 9,600 euros.

(3) If the enforcement of a precept specified in subsection 1 of this section by the means provided in the Substitutional Performance and Non-Compliance Levies Act is impossible or ineffective, and the compliance with the precept can be achieved by direct coercion, direct coercion may be applied to the enforcement of the precept on the grounds and in accordance with the rules provided by law.

(4) If the prerequisites provided in subsections 1–3 of § 12 of the Substitutional Performance and Non-Compliance Levies Act or in subsection 2 of § 76 or subsection 4 of § 78 of this Act have been fulfilled, a threat may be countered or a disturbance may be eliminated pursuant to the procedure provided in subsection 2 or 3 of this section without issuing a precept or a caution specified in subsection 1 of this section, and without issuing an enforcement order.

§ 29. Countering of threat or elimination of disturbance by law enforcement agency

(1) If a person liable for public order does not exist or if the person is unable or is unable in a timely manner to counter a threat or eliminate a disturbance, a law enforcement agency itself may apply measures for countering a threat or eliminating a disturbance by using, if necessary, professional assistance or by involving other persons.

(2) Where possible, a law enforcement agency must immediately notify the person liable for public order of the application of a measure specified in subsection 1 of this section.

(3) Another person may only be required to counter a threat or eliminate a disturbance on the preconditions provided in § 16 of this Act.

§ 30. Questioning and requiring of documents

(1) The police or, in the cases provided by law, another law enforcement agency may stop a person and question them if there is reason to believe that the person has information necessary for preventing, ascertaining or countering a threat or for eliminating a disturbance or for guaranteeing the safety of a safeguarded person or object, and preventing, ascertaining and countering that threat and eliminating that disturbance and safeguarding the person or object is in the competence of the law enforcement agency conducting the questioning.

(2) Questioning is recorded in a report if the person questioned requests it or if it is deemed necessary by the law enforcement agency. If the law enforcement agency deems it necessary, the person questioned may give explanations in writing autographically.

(3) The police or, in the cases provided by law, another law enforcement agency may require a person to present their documents if there is reason to believe that the person has information necessary for preventing, ascertaining or countering a threat or for eliminating a disturbance or for guaranteeing the safety of a safeguarded person or object, and preventing, ascertaining and countering that threat and eliminating that disturbance and safeguarding the person or object is in the competence of the law enforcement agency requiring the presentation of the documents.

(4) Requiring and receipt of documents by a law enforcement agency is recorded or documented pursuant to the general administration procedure of the law enforcement agency. If the documents are required and examined on site, the measure is recorded at the request of the person subjected to the application thereof.

(5) Questioning and requiring the presentation of documents for the prevention of a threat is not permitted in the case of information and documents which can be obtained from a database established on the basis of the law, except in the case the information cannot be obtained from the database for reasons irrespective of the law enforcement agency. The restriction specified in this section also applies to information which the law enforcement agency can obtain free of charge from the relevant database of another Member State of the European Union or for a charge if the person confirms in a form reproducible in writing that they will cover the costs of obtaining the said information.

§ 31. Summons and compelled attendance

(1) The police or, in the cases provided by law, another law enforcement agency may summon a person to its office if there is reason to believe that the person has information necessary for preventing, ascertaining or countering a threat or for eliminating a disturbance, and the prevention, ascertainment and countering of that threat or the elimination of that disturbance is in the competence of the law enforcement agency which issued the summons.

(2) Section 17 of the Administrative Procedure Act applies to a summons, taking into account the specifications in this Act. If the prerequisite specified in subsection 4 of this section exists, the summons must include a caution that in the case the person fails to appear, compelled attendance may be applied with regard to them.

(3) If a person summoned who has received a summons fails to appear without good reason at the time set out in the summons at the place set out in the summons, non-compliance levy may be applied with regard to them.

(4) Compelled attendance may be applied with regard to a person if there is reason to believe that the person has significant information necessary for countering a serious threat.

(5) Compelled attendance with regard to a person who has failed to appear after being summoned by the police is executed by the police. In the case of a summons issued by another law enforcement agency, compelled attendance is executed by the police by way of professional assistance.

(6) A person with regard to whom compelled attendance is applied is immediately given an opportunity to inform a person close to them and their representative of the deprivation their liberty. In the case of the compelled attendance of a minor, the law enforcement agency which executed the compelled attendance must immediately inform thereof a parent or another legal representative or the local government.

(7) The state supervision measure for which compelled attendance is applied to a person is applied immediately. If the application of compelled attendance with regard to a person immediately prior to the application of the measure is not possible, the person may be detained but for no more than 12 hours.

(8) Upon the application of compelled attendance a person is taken to the law enforcement agency which sent the summons. If it is not possible to take the person to the law enforcement agency which sent the summons during the application of compelled attendance, the provisions of Chapters 4 and 7 of the Imprisonment Act are applied in detaining the person under this section. While detaining a person with regard to whom compelled attendance is applied they are segregated from other persons detained on other grounds.

(9) Upon compelled attendance, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(10) The police or, in the cases provided by law, another law enforcement agency may summon a person to its office for the prevention of a threat if it is not possible to apply the measure provided in § 30 of this Act in another manner which is less burdensome on the person.

§ 32. Establishment of identity

(1) The police or, in the cases provided by law, another law enforcement agency may, with the knowledge of the person, establish identity on the basis of a valid identity document, that means ascertain the person’s name and personal identification code or in the absence of the latter the date of birth, examine the document, compare the photograph and other biometric data in the document with the person, and verify the authenticity of the document, or if this is not possible, establish identity in another legal manner if it is necessary for preventing, ascertaining or countering a threat or for eliminating a disturbance.

(2) For the establishment of identity, the police or, in the cases provided by law, another law enforcement agency have the right to stop a person and require them to present a document specified in subsection 1 of this section, to obtain statements enabling the establishment of identity, including information on the person’s place of residence, and to obtain biometric data for the comparison specified in subsection 1 of this section.

(3) Upon the establishment of identity, a law enforcement agency may require from a person the presentation of a document in proof of a special right if pursuant to a legislation the person is required to carry with them such a document.

(4) A law enforcement agency may verify the authenticity of the data entered in the document or given by a person from the population register or from another database established under the legislation of the European Union or another Act.

(5) Upon the establishment of identity, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(6) A law enforcement agency has the right to take a person to its office for the establishment of identity if it is necessary in the case of an immediate threat or for ascertaining or countering a significant threat.

(7) If a person is taken to an office for the establishment of identity, the law enforcement agency is required, after the establishment of identity, to take the person at their request back to the point of departure or to their place of residence or lodging, if it is within the same local government unit.

(8) If for the establishment of identity a minor is taken to a law enforcement agency, the law enforcement agency is required to immediately notify thereof a parent or another legal representative or the local government.

(9) If it is impossible to immediately establish the identity of a person detained in the course of a mass disorder, the police have the right, for the purposes of later establishment of identity, to use the means which enable identification together with recording in a manner which does not offend human dignity.

(10) The Police and Border Guard Board may disclose the personal data of a person who has participated in a mass disorder if it is necessary for the purposes of establishing identity and the identity could not be established in another manner which is less burdensome on the person.

§ 33. Establishment of identity by way of special establishment measure

(1) The police or, in the cases provided by law, another law enforcement agency may establish identity by way of a special establishment measure if it is unavoidably necessary for countering a threat, if the establishment of identity under § 32 of this Act is not possible or if it is disproportionally complicated.

(2) A special establishment measure is:

1) fingerprinting;

2) photographing or filming of a person or a part of their body;

3) taking of a DNA sample;

4) ascertainment of another external physical characteristic, including measuring;

5) ascertainment of dental occlusion and dentition;

6) recording of a voice sample;

7) taking of a handwriting sample;

8) ascertainment of the eye iris image;

9) taking of a footwear print and

comparison thereof with the data known to the law enforcement agency.

(3) A law enforcement agency may claim the comparative samples necessary for the application of a special establishment measure from a person in whose case there is reason to believe that they possess them.

(3¹) The police or, in the cases provided by law, another law enforcement agency may take a person to its office for the establishment of identity by way of a special establishment measure if the application of the special establishment measure on site is not possible.

(4) For the application of a special establishment measure, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(5) The procedure for the application of a special establishment measure is established by a regulation of the minister in charge of the policy sector.

§ 34. Processing of personal data by using monitoring equipment

(1) For ascertaining and countering a threat or for eliminating a disturbance, the police or, in the cases provided by law, another law enforcement agency may use, for monitoring events taking place in a public place, monitoring equipment which forwards images or records.

(2) A recording made with monitoring equipment is preserved for at least one month after the date of recording but for no longer than one year, unless otherwise provided by law.

(3) A law enforcement agency is required to previously notify the public of the processing of personal data by means of the technical aid of monitoring equipment. For notifying of the use of monitoring equipment, an information board which depicts a black image of a video camera against a white background and the word “ VIDEOVALVE ” [video surveillance] is placed in a public place. Upon the use of monitoring equipment in a vehicle of a law enforcement agency, a sticker which depicts a black image of a video camera against a white background and the word “ VIDEOVALVE ” [video surveillance] is placed in a visible place in the passenger compartment.

(4) The Government of the Republic establishes by a regulation the procedure for notifying the public of the use of monitoring equipment.

§ 35. Processing of personal data by obtaining data from electronic communications undertaking

(1) The police or, in the cases provided by law, another law enforcement agency may process personal data by making written or electronic requests for obtaining the data which are specified in subsections 2 and 3 of § 111¹ and in subsection 3 of § 112 of the Electronic Communications Act and which enable real time identification of the location of the terminal equipment used in the mobile telephone network as regards a person in whose case it is necessary for ascertaining or countering a serious threat.

(2) A person is immediately notified of the processing of the personal data provided in subsection 1 of this section.

(3) Recording of the measure provided in this section is mandatory.

§ 35¹. Processing of information forwarded to emergency number

(1) The Emergency Response Centre records all information forwarded to the European common emergency phone number “112”.

(3) The Environmental Board records all information forwarded to the national on-call number “1313” regarding a disturbance committed in respect of the natural environment and natural resources and regarding other events. The forwarded information is processed by the Emergency Response Centre and the Environmental Board on the ground and in accordance with the rules provided by law.

(4) The recorded data are information intended for internal use. Recordings and recorded data may only be issued on the ground and in accodance with the rules prescribed by law.

(5) Recordings are preserved for at least one month as of the date the recording was made, but for no longer than one year.

§ 36. State of intoxication

(1) A state of intoxication is a state of health which is caused by the consumption of alcohol, a narcotic drug or a psychotropic substance or another intoxicating substance, and which is expressed in externally perceptible disturbed or altered bodily or mental functions and reactions.

(2) For the purposes of this Act, alcohol means spirit and alcoholic beverages as specified in § 2 of the Alcohol Act, or a liquid or substance with ethanol content and not belonging to the food group.

(3) For the purposes of this Act, a narcotic drug and a psychotropic substance mean a narcotic drug and a psychotropic substance as specified in the Act on Narcotic Drugs and Psychotropic Substances and Precursors thereof.

(4) Types of state of intoxication are:

1) intoxication by alcohol;

2) intoxication caused by the consumption of a narcotic drug, a psychotropic substance or another intoxicating substance.

(5) [Omitted – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 37. Checking and establishment of person’s state of intoxication

The police or, in the cases provided by law, another law enforcement agency may check, in the case of signs of a state of intoxication, for the presence of alcohol, a narcotic drug or psychotropic substance or another intoxicating substance in a person’s system. The following may be subjected to the procedure for checking or establishing a state of intoxication:

1) a driver of a vehicle or another person if there is reason to suspect that the person has committed an offence, the necessary elements of which include a state of intoxication, exceeding the prescribed limit of alcohol, or the consumption of a narcotic drug or psychotropic substance or another intoxicating substance;

2) a person who exhibits clear signs of a state of intoxication if they may pose a threat to themselves or others;

3) a minor who exhibits clear signs of a state of intoxication.

(2) In addition to the persons specified in subsection 1 of this section, a driver of a vehicle may also be subjected to the procedure for checking or establishing a state of intoxication if it is necessary for preventing a threat in traffic.

(3) A list of signs of a state of intoxication and the manner in which the exhibition or non-exhibition of said signs is to be established are established by a regulation of the minister in charge of the policy sector.

§ 38. Checking and establishment of intoxication by alcohol on site

(1) The police or, in the cases provided by law, another law enforcement agency checks by means of an indicator device the alcohol content in the breath exhaled by a person or establishes intoxication by alcohol on site by means of an evidential breathalyser. If a person is checked by means of an indicator device, then in the case of its positive reading and if there is a need to establish intoxication by alcohol, intoxication by alcohol is established by means of an evidential breathalyser or at the person’s request they are taken to a health care provider for determining the alcohol content in the blood by a blood sample.

(2) Before checking or establishing intoxication by alcohol, the person’s following rights are explained to them:

1) the right to know the reason for and the objective of the operation;

2) the right to refuse the checking by means of an indicator device or the establishment of intoxication by alcohol by means of an evidential breathalyser;

3) the right to examine the report of the state supervision measure and to make statements, which are recorded, regarding the conditions, course and results of the measure as well as the report;

4) in the case of checking by means of an indicator device, the right to challenge the reading of the indicator device and to demand the establishment of intoxication by alcohol by means of an evidential breathalyser or an analysis of a blood sample;

5) the right to file a challenge with the head of the law enforcement agency or an action with the administrative court.

(2¹) When checking driver’s intoxication by alcohol on the basis of subsection 2 of § 37 of this Act, the law enforcement agency must, at the request of the person, introduce to the person the rights provided in clauses 2–5 of subsection 2 of this section.

(3) If the official of the law enforcement agency does not deem it necessary to collect other data and the person does not demand the establishment of intoxication by alcohol by means of an evidential breathalyser or an analysis of a blood sample, only the use of an indicator device will suffice. Only the use of an indicator device will not suffice in the case of a suspicion of the commission of offences related to a violation of the requirements for safe road traffic of a motor vehicle, an aircraft, a water craft, a railway vehicle or a tram, or for operating regulations thereof.

(3¹) If it is necessary for the establishment of intoxication by alcohol, the official describes the signs of intoxication by alcohol exhibited by the person.

(4) If the person refuses the checking of the alcohol content in the breath exhaled by means of an indicator device, they are explained that in the case of a refusal, intoxication by alcohol is established compulsorily by means of an evidential breathalyser or an analysis of a blood sample. If the person refuses the establishment of intoxication by alcohol by means of an evidential breathalyser, they are explained that in the case of a refusal, intoxication by alcohol is established by means of an analysis of a blood sample.

(5) The procedure for the use of an evidential breathalyser and an indicator device and for documenting the use thereof is established by a regulation of the minister in charge of the policy sector.

(6) In using an evidential breathalyser, the requirements for the measuring methods and the requirements provided in the manufacturer’s operating instructions must be adhered to.

(7) The requirements for the procedure of measuring the ethanol content in the breath exhaled by a person and for processing the measuring results are established by a regulation of the Government of the Republic.

§ 39. Taking of person to office and health care provider for establishment of intoxication by alcohol

(1) A person may be taken to an office of a law enforcement agency for the establishment of intoxication by alcohol by means of an evidential breathalyser if the establishment of a state of intoxication on site is not possible.

(2) A person may be taken to a health care provider or to a state forensic institution for the taking of a blood sample in order to establish intoxication by alcohol by means of an analysis of a blood sample if:

1) the person refuses the checking of intoxication by alcohol by means of an indicator device or the establishment thereof by means of an evidential breathalyser;

2) the person is not capable of following the procedure for the use of an indicator device or a breathalyser;

3) the person demands it in the case of a positive reading of the indicator device;

4) it is rational and the person agrees to it.

(3) A minor unsupervised by a parent or another legal representative and suspected of a state of intoxication or in a state of intoxication may, if necessary, be taken to their parent or legal representative or to a social welfare institution of the local government irrespective of the existence of the bases provided in subsection 2 of this section. If the minor is in need of emergency care, the law enforcement agency calls for the provider of emergency medical care. The social welfare institution immediately informs the minor’s parent or another legal representative that the minor has been taken there.

§ 40. Establishment of intoxication by alcohol by means of analysis of blood sample

(1) A health care provider who has the right to take a blood sample and a state forensic institution is required to take a blood sample on the demand of a law enforcement agency.

(1¹) The health care provider specified in subsection 1 of this section who is required to take a blood sample is a health care provider specified in the regulation established on the basis of subsection 1 of § 55 of the Health Services Organisation Act.

(1²) The taking of a blood sample by a health care provider specified in subsection 1¹ of this section is paid for according to the price provided in subsection 3 of § 38 of the Forensic Examination Act.

(2) In order to ensure the taking of a blood sample, a law enforcement agency has the right to use with regard to the person obligated to give a blood sample direct coercion insofar as it is unavoidable for the achievement of the objective.

(3) If a blood sample is taken at a health care provider, a law enforcement agency organises the conveyance of the blood sample to a state forensic institution for the establishment of intoxication by alcohol by means of an analysis of the blood sample.

(4) A law enforcement agency introduces the results of the analysis of the blood sample to the person at the first opportunity.

(5) The procedure for the taking, preservation and transfer for analysis of a blood sample, for the performance of the analysis thereof and for the payment for these tests is established by a regulation of the Government of the Republic.

(6) A law enforcement agency may conclude with a health care provider not specified in subsection 1¹ of this section an administrative contract for the taking, preservation and transfer to a state forensic institution of a blood sample, prescribing the liability, the amount of the charge and the procedure for the payment.

(7) The form of an expert’s report concerning the results of an analysis of a blood sample is established by a regulation of the minister in charge of the policy sector.

§ 41. Establishment of consumption of narcotic drug or psychotropic substance or another intoxicating substance, or state of intoxication caused thereby

(1) The police or, in the cases provided by law, another law enforcement agency may establish the presence of a narcotic drug, a psychotropic substance or another intoxicating substance in a person’s system by means of an indicator device or take the person to a health care provider or a state forensic institution to take a biological liquid sample or, if necessary, to describe the person’s state of health.

(2) The health care provider specified in subsection 1 of this section who is required to take a biological liquid sample is a health care provider specified in the regulation established on the basis of subsection 1 of § 55 of the Health Services Organisation Act.

(3) The taking of a biological liquid sample by a health care provider specified in subsection 2 of this section is paid for according to the prices provided in subsection 2 of § 38 of the Forensic Examination Act.

(4) A law enforcement agency may conclude with a health care provider not specified in subsection 2 of this section an administrative contract for the taking, preservation and transfer to a state forensic institution of a biological liquid sample, prescribing the liability, the amount of the charge and the procedure for the payment.

(5) In the case of a suspicion of the consumption of a narcotic drug, a psychotropic substance or another intoxicating substance, or a state of intoxication caused thereby, a law enforcement agency describes the signs of a state of intoxication exhibited by the person.

(6) Before the establishment of the presence of a narcotic drug, a psychotropic substance or another intoxicating substance in a person’s system by means of an indicator device or before taking the person to a health care provider or a state forensic institution, the following rights of the person are explained to them:

1) the right to know the reason for and the objective of the operation;

2) the right to refuse the checking by means of an indicator device;

3) the right to examine the report of the state supervision measure and to make statements, which is recorded, regarding the conditions, course and results of the measure as well as the report;

4) the right to file a challenge with the head of the law enforcement agency or an action with the administrative court;

5) the right to challenge the reading of the indicator device and to demand the establishment of the presence of a narcotic drug, a psychotropic substance or another intoxicating substance in the person’s system by means of an analysis of a biological liquid sample.

(7) If an official of a law enforcement agency does not deem it necessary to collect other data and the person does not demand the establishment of the presence of a narcotic drug, a psychotropic substance or another intoxicating substance in the person’s system by means of an analysis of a biological liquid sample, the use of an indicator device may suffice upon the establishment of the consumption of the said substances.

(8) If the person refuses the establishment of the presence of a narcotic drug, a psychotropic substance or another intoxicating substance in the person’s system by means of an indicator device, they are explained that in the case of a refusal, the presence of the substances in the person’s system is established compulsorily by means of an analysis of a biological liquid sample.

(9) On the demand of a law enforcement agency:

1) the physician is required to describe the person’s state of health;

2) the health care provider or the state forensic institution is required to take, preserve and transfer a necessary amount of a biological liquid sample.

(10) In order to ensure the taking of a biological liquid sample, a law enforcement agency has the right to use with regard to the person obligated to give a sample direct coercion insofar as it is unavoidable for the achievement of the objective.

(11) A biological liquid sample given to a law enforcement agency by a person voluntarily for the sample to be checked by means of an indicator device is forwarded by the law enforcement agency to a state forensic institution for the performance of an analysis of the biological liquid sample if the indicator device reveals a positive reading and if it is necessary for the establishment of the consumption of a narcotic drug, a psychotropic substance or another intoxicating substance, or a state of intoxication caused thereby.

(12) If a biological liquid sample is taken at a health care provider, a law enforcement agency organises the conveyance of the sample to a state forensic institution for the establishment of the presence of a narcotic drug, a psychotropic substance or another intoxicating substance in the person’s system by means of an analysis of the biological liquid sample. If on the demand of the law enforcement agency the physician describes the person’s state of health, the law enforcement agency organises the conveyance of the report on the description of the state of health to a state forensic institution together with the biological liquid sample, if possible, for the establishment of a state of intoxication.

(13) On the basis of the results of the analysis of a biological liquid sample and the report on the description of the person’s state of health, the state forensic institution gives an assessment on whether or not the person is in a state of intoxication.

(14) The requirements and the procedure for describing a person’s state of health by a physician and the form of a corresponding report are established by a regulation of the minister in charge of the policy sector.

(15) The procedure for the taking, preservation and transfer for analysis of a biological liquid sample, for the performance of the analysis thereof and for the payment for these tests is established by a regulation of the Government of the Republic.

(16) The procedure for the use of an indicator device for the establishment of the presence of a narcotic drug, a psychotropic substance or another intoxicating substance in a person’s system, and for documenting the use is established by a regulation of the minister in charge of the policy sector.

(17) The form of an expert’s report concerning the results of an analysis of a biological liquid sample is established by a regulation of the minister in charge of the policy sector.

§ 42. Taking of person in state of intoxication to recover from intoxication

(1) The police or, in the cases provided by law, another law enforcement agency may take an adult in a state of intoxication to the person’s place of residence or lodging or to recover from the intoxication in a police house of detention or detention cell or prison if it is unavoidable for countering a significant threat, arising from the person, to the person themselves or another person.

(1¹) A police officer may take a minor in a state of intoxication to recover from the intoxication in a house of detention or detention cell or prison if the minor cannot be handed over to the care of an adult family member, caregiver or guardian.

(2) On the bases provided in subsection 1 of this section, a person who exhibits clear signs of a state of intoxication and who has refused the checking of a state of intoxication by means of an indicator device or establishment thereof by means of an evidential breathalyser or who is not capable of following the procedure for the use of an indicator device or an evidential breathalyser, and also a person from whom a biological liquid sample for the establishment of intoxication has been taken, if the establishment of a state of intoxication by an analysis of the biological liquid sample is not possible without delay, may be taken to recover from intoxication. In such a case the law enforcement agency describes the signs of intoxication exhibited by the person in the report concerning taking the person to recover from intoxication.

(3) If from a person with clear signs of a state of intoxication or from a person in a state of intoxication in whose case there is a basis provided in subsection 1 of this section for taking them to recover from intoxication a threat is arising only to themselves, the police or, in the cases provided by law, another law enforcement agency organises, if possible, the taking of the person to their place of residence or lodging. If the person is in need of emergency care, the law enforcement agency calls for the provider of emergency medical care. A person may be taken to a police house of detention or detention cell or prison to recover from intoxication only if they have no identified place of residence or lodging on the territory of the local government of the place of stay or if they cannot be taken there.

(4) A security check and an examination of belongings are performed with regard to a person taken to recover from intoxication. Money, valuables and documents, also items and medicinal products which may pose a threat to the person themselves or to another person are taken for storage from the person taken to recover from intoxication.

(5) Upon taking to recover from intoxication, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(6) A report is prepared on the taking of a person to recover from intoxication, the formal requirements of which are established by a regulation of the minister in charge of the policy sector.

§ 43. Detention conditions of person taken to recover from intoxication

(1) A person taken to recover from intoxication is segregated from other persons detained. Persons of different sex are held in separate cells.

(2) In order to ensure the safety of a person taken to recover from intoxication, the person is kept under observation. If the person’s health deteriorates, a health care professional is called.

(3) A person taken to recover from intoxication is detained until the person has recovered from intoxication but for no longer than 12 hours. If, after such period, the person has not sufficiently recovered from intoxication for them to be allowed to leave on their own, a health care professional is called for to determine the person’s state of health. If the health care professional establishes that the person’s state of health does not allow for the person to leave on their own, the person may be detained for up to another 12 hours. A person whose state of health allows them to leave on their own and whose release falls between 23:00 and 07:00 may be detained for up to another eight hours with the consent of the person if it is necessary for preventing a threat endangering the health of the person.

(4) The specific conditions of and procedure for the reception of a person in a state of intoxication taken to recover from intoxication into a house of detention, detention cell or prison and for their detention and release are established by a regulation of the minister in charge of the policy sector.

§ 44. Prohibition on stay

(1) The police or, in the cases provided by law, another law enforcement agency may, on a temporary basis, prohibit a person from staying in the vicinity of a certain person or in a certain place, require them to leave the vicinity of the said person or the said place, or to avoid coming to a certain distance from the person or place in the following cases:

1) in the case of an immediate threat endangering a person’s life or health;

2) for protecting dominant public interests;

3) for ascertaining or countering a serious threat;

4) for ensuring the safety of a safeguarded person or object;

5) for ensuring the conduct of offence proceedings; or

6) for ensuring the application of a state supervision measure.

(1¹) For ascertaining or countering a significant or serious threat, the police may, on a temporary basis, prohibit a person from staying in the vicinity of a victim of domestic violence for the purposes of the Victim Support Act (hereinafter victim of domestic violence) or a place relating to the victim, or require a person to leave the vicinity of a victim of domestic violence or a place relating to the victim, or to avoid coming to a certain distance from a victim of domestic violence or a place relating to the victim.

(2) A law enforcement agency is required to clearly mark, if possible, the place of the application of a prohibition on stay. The place of the application of the prohibition on stay need not be marked if the prohibition on stay is applied with regard to a specific person.

(3) Under the circumstances provided in subsections 1 and 1¹ of this section, the passage of persons at a specified time from a specified place or access to that place may be prohibited. Where possible, access of a person to their dwelling or place of work is maintained.

(4) A prohibition on stay may be applied until the basis provided in subsection 1 or 1¹ of this section ceases to exist.

(5) A police officer or, in the cases provided by law, an official of another law enforcement agency may apply a prohibition on stay for up to 12 hours. A prohibition on stay may only be applied over 12 hours with the authorisation of a prefect or the head of the other law enforcement agency.

(5¹) In the event provided in subsection 1¹ of this section, the police may apply a prohibition on stay for up to 72 hours for the protection of the rights of a victim of domestic violence.

(6) With regard to a person violating a prohibition on stay, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(7) In the event provided in subsection 1¹ of this section, recording of the measure is mandatory.

§ 45. Stopping of vehicle

(1) A police officer or, in the cases provided by law, an official of another law enforcement agency may, in accordance with the rules provided in the Road Traffic Act, signal a vehicle, an off-road vehicle or another vehicle moving in contact with the ground (hereinafter collectively vehicle) or a device to stop by using their hand, a traffic baton, a reflective disc or the lights or loudspeaker of an emergency vehicle if it is necessary for preventing, ascertaining or countering a threat or for eliminating a disturbance.

(2) A police officer or, in the cases provided by law, an official of another law enforcement agency may signal a watercraft or another floating vessel moving in or on water (hereinafter collectively watercraft) to stop by using, as a stop signal, the flags of the International Code of Signals, spotlights, pyrotechnic means, a radio, a loudspeaker or a megaphone, or in another clear manner, if it is necessary for preventing, ascertaining or countering a threat or for eliminating a disturbance.

(2¹) If the operator of a partially or fully automated or remotely controlled (hereinafter collectively unmanned) vehicle, device or watercraft has been identified, the stop signal may be given in another appropriate manner.

(3) The official of a law enforcement agency stopping a vehicle must wear a uniform. If a vehicle is stopped from a vehicle, the vehicle must be painted pursuant to the procedure applicable to emergency vehicles.

(4) As an exception, a vehicle may be stopped from an unmarked vehicle by means of a lighting device and by using a loudspeaker, if necessary, pursuant to the procedure provided by the Traffic Act. If a vehicle is stopped from a vehicle, a police officer need not wear a uniform if it is not possible due to the nature or objective of the function being performed.

(5) If a stop signal is not complied with, a vehicle, device or watercraft may be forced to stop by organising a roadblock or by using a forced stop device or a weapon or other special equipment in accordance with the rules provided in Chapter 5 of this Act.

(6) A vehicle, device or watercraft may be forced to stop without a prior stop signal if:

1) a forced stop is strictly necessary to counter an immediate serious threat or to detain, immediately after the commission of a criminal offence, an escaping suspect or an escaping fugitive;

2) the vehicle, device or watercraft is unmanned and a forced stop is strictly necessary to counter an immediate significant or serious threat.

§ 45¹. Intervention in flight of unmanned aircraft

(1) A police officer or, in the cases provided by law, an official of another law enforcement agency may signal an unmanned aircraft to land if it is necessary for preventing, ascertaining or countering a threat or for eliminating a disturbance.

(2) The signal specified in subsection 1 of this section must be given in an appropriate manner, taking into account the need to mitigate the risks associated with the air operations of the unmanned aircraft, ensure aviation safety, protect persons and property, and having regard to the characteristics of the unmanned aircraft.

(3) If the signal to land is disregarded, the flight of the unmanned aircraft may be intervened in, including by forcing it to land or by directing or preventing its movement, by using direct coercion for as long as it is unavoidable in order to achieve the objective.

(4) The flight of an unmanned aircraft may be intervened in without a prior signal to land if this is strictly necessary to counter an immediate significant or serious threat.

§ 46. Detention of person

(1) The police or, in the cases provided by law, another law enforcement agency may detain a person by locking them to a room or a vehicle or by restricting their physical liberty in another manner to a significant extent if it is unavoidable:

1) for preventing the commission of an imminent criminal offence;

2) for countering an immediate threat endangering a person’s life or physical inviolability;

3) for ensuring an injunction to stay away imposed by the court;

4) for compelled attendance on a basis provided by law;

5) for handing a person in need of assistance due to their state of health or age over to a competent person for the purposes of providing assistance upon preventing, ascertaining or countering a threat or eliminating a disturbance;

6) for handing a child less than 16 years of age without the company of an adult over to their parent or legal representative or for taking the child to their parent or legal representative or a social welfare institution of the local government for eliminating a violation of a curfew provided by law in a public place;

7) on the basis of Article 32 of Regulation (EU) 2018/1862 of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 07.12.2018, pp 56–106), a person entered in the Schengen Information System who needs to be temporarily placed in a safe place for their own safety or for protecting them from danger;

8) for taking a child in danger to safety without the consent of their legal representative if a child protection official is unable or is unable in a timely manner to intervene for the protection of the child.

(2) A person detained is immediately notified in a language they understand and in a clear manner of the reason for their detention and of their rights, and given the opportunity to notify a person close to them of their detention. If a person detained is in a state due to which they are not able to notify a person close to them of their detention, the law enforcement agency immediately notifies a person close to them, if possible. If a person detained is a minor or another person with restricted active legal capacity, the law enforcement agency notifies their legal representative of the detention of the person at the first opportunity, if possible. On the demand of the person detained, they are given an opportunity to notify a representative of the detention.

(3) The following rights of a person detained are explained to them:

1) the right to know the reason for the detention;

2) the right not be detained for more than 48 hours without the permission of the court;

3) the right to notify a person close to them and a representative of the detention;

4) the right to be heard;

5) the right to file a challenge with the head of the law enforcement agency or an action with the administrative court;

6) the right to examine the report of the state supervision measure and to make statements, which is recorded, regarding the conditions, course and results of the measure and the report.

(3¹) A child detained on the basis of clause 8 of subsection 1 of this section is taken to safety by handing them over to a child protection official or a person who will ensure the safety of the child. A child may only be handed over to their legal representative if the child was not in danger due to the activity of the legal representative or their failure to act or if the danger arising from the legal representative has ceased to exist. The detention of the child ends with them being handed over.

(3²) A child protection official is immediately informed of a child detained on the basis of clause 8 of subsection 1 of this section and a copy of the report on the detention is sent to the child protection official at the first opportunity.

(4) Upon detention, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(5) A person may be detained until the basis for the application of the detention ceases to exist but for no longer than 48 hours. Upon detaining a person in a house of detention or prison, the provisions of Chapters 4 and 7 of the Imprisonment Act are applied.

(6) The procedure for documenting detention of a person is established by a regulation of the Government of the Republic.

(7) It is mandatory to prepare a report in the course of a mass disorder if the detention lasts longer than three hours and also if it is requested by the person detained.

(8) Upon detaining, outside a house of detention or prison, a person detained in the course of a mass disorder, the person must be guaranteed decent conditions and, if possible, video surveillance with recording of the temporary room of detention must be guaranteed.

§ 47. Security check

(1) The police or, in the cases provided by law, another law enforcement agency may check a person or their clothing by way of observation and feeling or by means of a technical device or a service animal with relevant training in order to ensure that the person does not possess items or substances by which they may endanger themselves or other persons:

1) upon the entry into a building or territory of a public authority;

2) if it is necessary for ensuring the safety of a safeguarded person or object;

3) if it is necessary for ascertaining a serious threat if the person is in a vital energy, communications, signalling, water supply or sewerage system, in a traffic control building or device or in the near vicinity thereof;

4) if it is necessary for countering an immediate serious threat;

5) if the person may be deprived of liberty pursuant to law; or

6) if the application of a measure provided in this Act is accompanied by a need to take the person to the Police and Border Guard Board or to the location of another administrative authority.

(2) The security check is performed by way of feeling by an official of the same sex as the person. If it is necessary for countering an immediate threat, the security check may be performed by an official not of the same sex as the person.

(3) Upon the application of a security check, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

§ 48. Examination of person

(1) The police or, in the cases provided by law, another law enforcement agency may examine a person, including the person’s body, body cavities, clothes, or an item inside the clothes or worn on the body if:

1) there is reason to believe that the person carries on them an item or a substance which may be taken into storage, occupied or confiscated pursuant to law;

2) it is necessary for the ascertainment of a serious threat if the person is in a building important for the functioning of public authority or in the near vicinity thereof; or

3) it is unavoidably necessary for the establishment of identity.

(2) A person is examined by an official of a law enforcement agency of the same sex as the person; in the case of a lack of an official of the same sex, by a health care professional. If it is necessary for countering an immediate serious threat, the person may be examined by an official of the law enforcement agency not of the same sex as the person.

(3) A person is taken to a physician for an examination which requires a medical procedure. An examination requiring a medical procedure may only be performed by a health care professional.

(4) A law enforcement agency concludes with a health care provider an administrative contract prescribing the place and manner of an examination of a person, and the liability, the amount of the charge and the procedure for the payment.

(5) Upon the examination of a person, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

§ 49. Examination of movable

(1) The police or, in the cases provided by law, another law enforcement agency may, without the consent of the possessor, check a movable sensuously or by means of a technical device or a service animal, including open doors and eliminate other obstacles if:

1) it is carried by a person entering a building or territory of a public authority;

2) it is carried by a person who may be subjected to a security check pursuant to law or who may be examined pursuant to law;

3) there is reason to believe that a person who may be deprived of liberty pursuant to law or who may be examined pursuant to law or who is in need of assistance is present in the movable;

4) there is reason to believe that it contains items which may be taken into storage, occupied or confiscated on the basis of this Act or another law;

5) it is necessary for the ascertainment of a serious threat with regard to a person who is in a vital energy, communications, signalling, water supply or sewerage system, in a traffic control building or device or in the near vicinity thereof;

6) if it is necessary for ensuring the safety of a safeguarded person or object; or

7) if it is necessary for preventing, ascertaining or countering a threat or for eliminating a disorder upon ensuring the compliance with the requirements established by or on the basis of law, and the verification of the compliance with such requirements lies within the competence of the law enforcement agency examining the moveable.

(2) The owner or the possessor of an item has the right to be present at the examination of the item. If the owner or the possessor is not present at the examination of the item, they may appoint an adult who has the right to be present at the examination of the item.

(3) A law enforcement agency may examine an item without the presence of a person specified in subsection 2 of this section if it is necessary for countering an immediate threat or if the said persons intentionally obstruct the lawful application of the measure provided in this section.

(4) If the identity of the possessor can be established, they are notified of the examination of the movable at the first opportunity. If as a result of the examination of the movable a significant proprietary asset is left unsupervised, the law enforcement agency ensures the supervision of the movable until the arrival of the possessor or another entitled person.

(5) Upon the examination of an item, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(51) Upon the examination of a moveable, a law enforcement agency may take samples and also measurements and give or commission expert assessments as well as record the situation by means of a device which records images or audio.

(6) It is mandatory to record in a report the measure provided in this section, except in the case the person enters a building or territory of a public authority of their free will or if a security check is applied for ensuring the safety of a safeguarded person or object.

§ 50. Entry into premises

(1) The police or, in the cases provided by law, another law enforcement agency may enter without the consent of the possessor a fenced or marked immovable, building, dwelling or room in their possession, including open doors and gates or eliminate other obstacles if

1) it is necessary for ascertaining or countering a serious threat;

2) if there is reason to believe that a person who may be deprived of liberty pursuant to law or whose life, health or physical inviolability is in danger due to their need of assistance has entered the fenced or marked immovable, building or room;

3) if it is necessary for preventing, ascertaining or countering a threat or for eliminating a disorder upon ensuring the compliance with the requirements established by or on the basis of law, and the verification of the compliance with such requirements lies within the competence of the law enforcement agency entering the premises.

(2) On the conditions provided in subsection 1 of this section, the police or, in the cases provided by law, another law enforcement agency may enter the premises for ascertaining or countering a threat or for eliminating a disturbance if nuisances significantly disturbing another person are spreading outward from the premises and it is not possible to eliminate the nuisances in any other manner. An average objective person is the basis for an assessment of the disturbing nature of the nuisances.

(3) The premises are entered, if possible, in the presence of the possessor or another entitled person and during the period from 7 a.m. to 11 p.m. Business premises are entered, if possible, during their business hours.

(4) A dwelling may only be entered without the knowledge of the possessor if the possessor cannot be notified after reasonable efforts and entry is necessary for countering a disturbance or an immediate serious threat. During the period from 11 p.m. to 7 a.m. or without the knowledge of the possessor, a person’s dwelling may only be entered if it is necessary:

1) for eliminating a disturbance if constant or recurrent nuisances significantly disturbing another person are spreading outward from the premises and it is not possible to eliminate the nuisances in any other manner;

2) for countering an immediate serious threat.

(5) If the identity of the possessor can be established, they are notified of the entry into the premises at the first opportunity. If as a result of the entry into the premises a significant proprietary asset is left unsupervised on the premises, the law enforcement agency ensures the supervision of the premises until the arrival of the possessor or another entitled person.

(6) Upon the entry into the premises, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(7) It is mandatory to record in a report the measure provided in this section.

§ 51. Examination of premises

(1) The police or, in the cases provided by law, another law enforcement agency may, without the consent of the possessor, examine a fenced or marked immovable, building or room in the possession of the person, including examine an item therein and open doors and gates or eliminate other obstacles:

1) if there is reason to believe that a person who may be deprived of liberty pursuant to law or whose life, health or physical inviolability is in danger due to their need of assistance has entered the fenced or marked immovable, building or room;

2) for ascertaining or countering a serious threat; or

3) if it is necessary for preventing, ascertaining or countering a threat or for eliminating a disorder upon ensuring the compliance with the requirements established by or on the basis of law, and the verification of the compliance with such requirements lies within the competence of the law enforcement agency examining the premises.

(2) The examination of a dwelling in the possession of a person and the examination of business premises outside business hours is only permitted with the prior permission of the administrative court of the location of the dwelling or business premises to be examined. If the permission of the administrative court is not possible to be requested due to the need to counter an immediate serious threat, a law enforcement agency may examine the premises without the permission of the administrative court. In such a case, the law enforcement agency is required to request the permission afterwards. The judge decides on the grant of permission for the examination of the premises or extension thereof pursuant to the procedure provided in the Code of Administrative Court Procedure for the grant of a permission to take an administrative measure. If the court refuses to grant the permission, the law enforcement agency is required to terminate the examination of the premises immediately.

(3) During the period from 11 p.m. to 7 a.m. a person’s dwelling may only be examined if it is necessary for countering an immediate serious threat.

(4) The possessor of a fenced or marked immovable, building or room has the right to be present at the examination of the premises. If the possessor is not present at the examination of the premises, they may appoint an adult who has the right to be present at the examination of the premises.

(4¹) A law enforcement agency may examine premises without the presence of the persons specified in subsection 4 of this section if it is necessary for countering an immediate threat or if the said persons intentionally obstruct the lawful application of the measure provided in this section.

(5) If the identity of the possessor can be established, they are notified of the examination of the premises at the first opportunity. If as a result of the examination of the premises a significant proprietary asset is left unsupervised on the premises, the law enforcement agency ensures the supervision of the premises until the arrival of the possessor or another entitled person.

(6) Upon the examination of the premises, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(6¹) Upon the examination of the premises, a law enforcement agency may take samples and also measurements and give or commission expert assessments as well as record the situation by means of a device which records images or audio.

(7) It is mandatory to record in a report the measure provided in this section.

§ 52. Taking into storage of movable

(1) The police or, in the cases provided by law, another law enforcement agency have the right to take a movable into storage:

1) for countering an immediate threat or for eliminating a disturbance;

2) for the protection of the owner or possessor of the item against the direct risk of misplacement or loss of or significant damage to the item if at the same time public interests are in danger;

3) if pursuant to law a permit is required for the possession of the item but the person possessing the item lacks such a permit;

4) if the item is possessed by a person who has been deprived of liberty pursuant to law and there is a risk that the person will use the item to kill or injure themselves or another person or to damage another person’s item or to escape;

5) if the movable is permitted to be examined on the basis of § 49 of this Act and taking it into storage is necessary in order to take a sample or measurements of the movable or give an expert assessment on the movable; or

6) if in the course of a security check an object which is not prohibited by law but may endanger the person themselves or another person is detected.

(2) An item taken into storage is stored by a law enforcement agency. If due to the characteristics of the item it is not possible or rational for the law enforcement agency to store the item, the law enforcement agency may give the item to be stored by another person who meets the necessary requirements therefor. The law enforcement agency or another person who is storing the item is to store the item in a manner which ensures the preservation thereof.

(3) A law enforcement agency immediately issues to the person from whom an item is taken into storage a copy of the report on the taking into storage of the item, specifying the law enforcement agency applying the taking into storage, the time of and the reason for the taking into storage and the description of the item taken into storage. If the person from whom the item is taken into storage is not the owner of the item or the legal possessor thereof or if the item was not taken into storage from a person and the owner or the legal possessor can be established, the law enforcement agency immediately notifies the owner or the legal possessor of the taking into storage of the item.

(4) The owner or the legal possessor of an item taken into storage is given an opportunity to retrieve the item immediately after the basis for the taking into storage ceases to exist.

(5) For the taking into storage of a movable, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

(6) It is mandatory to record in a report the measure provided in this section, except in the case provided in clause 6 of subsection 1.

§ 53. Selling or destruction of movable taken into storage

(1) On the basis of an order of a law enforcement agency, an enforcement agent sells an item taken into storage at a public auction pursuant to the procedure provided in the Code of Enforcement Procedure for the selling of movables if:

1) it is a highly perishable item or an item which quickly loses its value in another manner;

2) the storage and maintenance of the item is disproportionally expensive or complicated;

3) it is not possible to store the item in a manner which would ensure the countering of threats arising from the item;

4) it is not possible to return the item to the entitled person within one year as of the date of the taking into storage without it resulting at the same time in a new need for the item to be taken into storage by the law enforcement agency; or

5) the person entitled therefor has not accepted the item from the law enforcement agency after the basis for the taking into storage of the item ceased to exist by the period of time disclosed to them in writing if the notice contained a caution that in the case of non-acceptance, the item is sold.

(2) The item is valuated by the enforcement agent based on the usual value thereof. If the enforcement agent is unable to determine the price, the enforcement agent has the valuation organised by an expert.

(3) The costs of the storing of the item and the enforcement costs are deducted from the revenue received from the sale of the item and the remaining amount is paid to the former owner of the item. The costs of the storing of the item are deemed the costs incurred by both the law enforcement agency and the enforcement agent. If the owner does not accept the amount within one year as of the sale of the item, it is entered into public revenues.

(4) If it is not possible to sell the item at a public auction or if the costs of the organisation of a public auction will exceed the value of the item, the enforcement agent may sell the item without a public auction pursuant to the procedure provided in the Code of Enforcement Procedure for the sale of movables.

(5) If it can be presumed that it is not possible to sell the item at a public auction or in another manner or if the enforcement agent is unable to sell the property, the law enforcement agency organises the destruction of the item or transfers it to state ownership.

(6) Prior to the sale, destruction or transfer to state ownership of the item, the law enforcement agency notifies thereof the established owner or legal possessor.

(7) After the sale, destruction or transfer to state ownership of the item, the law enforcement agency is required to immediately issue a written notice to that effect to the established owner or legal possessor.

(8) The remuneration of the enforcement agent for the organisation of the sale is provided in the Enforcement Agents Act.

(9) It is mandatory to record in a report the measure provided in this section. The sale of the movable is documented by the enforcement agent, and the destruction or transfer to state ownership of the movable is documented by the law enforcement agency.

§ 54. Public place

A public place is a territory, building, room or a part thereof given to an unspecified number of persons for use or used by an unspecified number of persons, and also a public transport vehicle.

§ 55. General requirements for behaviour in public place

(1) In a public place it is prohibited to behave in a manner which disturbs or endangers another person, above all to:

1) hit or shove another person, fight, throw things at another person or an animal or item by endangering them, or behave violently in another manner;

2) insult, intimidate or threaten another person by words, gestures or otherwise;

3) be nude if it interferes to a significant extent with the purposeful use of the place by another person. A local government has the right to determine on its territory places where being nude is not considered as disturbing other persons irrespective of circumstances;

4) offer to a person goods or services in a manner which disturbs them, or to beg in a disturbing manner, or sell goods or provide services in a manner which excessively disturbs people in the vicinity of the place of business;

5) consume alcohol in a public transport vehicle stop, in a public transport vehicle which is in public use and participates in road traffic, in a building or on the territory of a preschool, childcare institution, nursery-primary school, basic school, secondary school, vocational educational institution, hobby school, youth camp, health care provider or social welfare institution or in a part thereof during the provision of education or health care services, and also at a public gathering aimed at children;

6) sleep or camp in a manner which interferes to a significant extent with the purposeful use of the place by another person;

7) dirty, break, destroy or relocate an item in public use or use it in a manner other than for the prescribed purpose, including put waste in a place other than prescribed therefor, contaminate a body of water or a fountain; or

8) be without the consent of the owner or possessor in an appropriately marked place in danger of collapse or in another place restricted in order to guarantee safety, except if a person is in such a place to counter a threat or eliminate a disturbance.

(2) In a public place it is prohibited to consume alcohol or a substance causing intoxication and not belonging to the food group. It is permitted to consume alcohol in a public place in the following cases:

1) in places specified in clauses 2, 3–6, 9 and 10 of subsection 1 of § 40 of the Alcohol Act;

2) at a public event or in its restricted area where the local government has permitted the retail sale of alcohol for consumption on the premises;

3) in places determined by a local government under subsection 3 of this section.

(3) By a general order, a local government may determine the public places where the consumption of alcohol is permitted. A local government may not permit alcohol to be consumed in a place where it is considered to be disturbing according to clause 5 of subsection 1 of this section. Places determined by a general order of a local government where the consumption of alcohol is permitted must be clearly marked.

§ 56. Prohibition on causing excessive noise and light effects and on pollution

(1) In a public place it is prohibited to cause noise or light effects which disturb another person to a significant extent.

(2) In a place other than a public place it is prohibited to cause continually or repeatedly noise or light effects which disturb another person to a significant extent during the period from 10 p.m. to 6 a.m., and on a night preceding a day off from 12 a.m. to 7 a.m.

(3) The provisions of subsections 1 and 2 of this section are not applied with regard to noise and light effects which are caused:

1) in the course of rescue operations or by an emergency vehicle;

2) under an authorisation of the local government; or

3) on the night preceding 1 January, on the night preceding 25 February or 24 June.

(4) In a building or public transport vehicle which is a public place it is prohibited to pollute air in a manner which disturbs another person to a significant extent.

§ 57. Assessment of disturbance by behaviour

An assessment of a disturbance by behaviour provided in §§ 55 and 56 of this Act is based on an average objective person and the purpose for which the public place is usually used and the customs applicable in the region.

§ 57¹. Exercise of state supervision over general requirements for behaviour in public places

State supervision over the compliance with the general requirements for behaviour in public places is exercised by:

1) the police;

2) rural municipality or city governments.

§ 57². Special state supervision measures

(1) In order to exercise the state supervision over the general requirements for behaviour in public places provided by § 55 of this Act, law enforcement agencies may apply the special state supervision measures provided in §§ 30, 31, 32, 34, 44, 49, 50, 51 and 52 of this Act on the grounds and in accordance with the rules provided by this Act.

(2) In addition to the special supervision measures specified in subsection 1 of this section, the Police and Border Guard Board may, in order to exercise state supervision, also apply the special supervision measures provided in §§ 33, 37, 38, 39, 40, 41, 42, 45, 46, 47 and 48 of this Act on the grounds and in accordance with the rules provided by this Act.

§ 58. Public gathering

(1) A public gathering is a public meeting or a public event.

(2) A public meeting (hereinafter meeting) is people being together in a public place for a joint purpose of forming or expressing their opinions.

(3) A public event (hereinafter event) is an entertainment event, competition, performance, commercial event or other similar event where people are together and which takes place in a public place and is aimed at the public but which is not a meeting.

§ 59. Requirements for organising and holding event

(1) The requirements for organising and holding an event on the administrative territory of a local government are established by a regulation of the local government council.

(2) The requirements for organising and holding a sports event are established by the Sport Act.

§ 60. Obligation to provide information

(1) A local government is required to immediately notify the prefecture of the location of an event held on its administrative territory if the local government has been informed of a wish to hold an event pursuant to the procedure prescribed in § 59 of this Act and the local government has agreed to the organisation of the event.

(2) If equipment subject to audit for the purposes of the Equipment Safety Act is used at an event, the local government informs the Consumer Protection and Technical Regulatory Authority of the event held on its administrative territory if the local government has been informed of a wish to hold an event pursuant to the procedure prescribed in § 59 of this Act and the local government has agreed to the organisation of the event. The event must be notified of a reasonable period of time in advance.

§ 64. Organiser of meeting

(1) A meeting may be organised by:

1) an adult natural person with active legal capacity who is a citizen of the European Union or who holds a long-term residence permit or who is a foreign national staying in Estonia on the basis of a permanent right of residence; or

2) a legal person.

(2) An organiser of a meeting who is a legal person is to designate a natural person with active legal capacity who is to bear on the legal person’s behalf the rights and obligations of an organiser of a meeting. The natural person must give their prior consent for their designation in a form reproducible in writing. The organiser of a meeting is required to retain the consent until at least one year has passed from the last day of the meeting.

(3) An organiser of a meeting is required to:

1) guarantee the peaceful holding of the meeting and the safety of the participants in the meeting;

2) guarantee that any objects used in holding of the meeting do not endanger persons not participating in the meeting, any property or the environment;

3) immediately terminate the meeting if the meeting causes a significant or serious immediate threat or if circumstances specified in § 62 of this Act become evident;

4) be available through a means of communication specified in clause 5 or 6 of subsection 2 of § 68 of this Act from the presentation of the meeting notice until one day has passed from the end of the meeting;

5) comply with any orders given by the police or other competent law enforcement agency to ensure order at the meeting;

6) ensure the removal of structures specified in clause 9 of subsection 2 of § 68 of this Act from the place of holding of the meeting within reasonable time after the end of the meeting; and

7) ensure that after the end of the meeting any waste generated as a result of the meeting is removed from the place of holding of the meeting.

(4) An organiser of a meeting may require a person who has committed a gross violation of order at the meeting to leave the meeting.

§ 65. Meeting steward

(1) If a meeting takes place outside a building or a construction intended for organising gatherings, the organiser of the meeting is required to designate a sufficient number of stewards to ensure order at the meeting, or perform the duties of a steward themselves. If the organiser of the meeting has concluded a contract with a security company for ensuring order at the meeting, a security guard of the security company ensuring order at the meeting is deemed a meeting steward.

(2) A meeting steward is required to:

1) assist the organiser of a meeting in the performance of obligations specified in clauses 1, 2 and 5 of subsection 3 of § 64 of this Act;

2) stay during the meeting at the place of holding of the meeting; and

3) wear markings which enable recognition as a steward during the meeting.

§ 66. Person taking part in meeting

A person taking part in a meeting i required to:

1) comply with the orders given by the organiser of the meeting or a steward to ensure order at the meeting; and

2) immediately leave the meeting in the event specified in subsection 4 of § 64 of this Act.

§ 67. Prior notification of holding of meeting

(1) An organiser of a meeting is to give notice to the prefecture of the place of holding of the meeting concerning holding of a meeting no later than four working days, but no earlier than three months, before the day of holding of the meeting if

1) the holding of the meeting requires reorganisation of traffic; or

2) the meeting is intended to be held outside a building or a construction intended for holding gatherings and for the holding of the meeting there are plans to set up a tent, stage, stand or other large-scale structure, or use sound or lighting devices or it may disturb or prevent the usual possession of the building or construction in another manner.

(2) If a meeting specified in subsection 1 of this section is intended to be held in the jurisdiction of several prefectures, a notice is to be submitted to at least one of these prefectures.

(3) No prior notice needs to be given of a spontaneously assembled meeting (spontaneous meeting).

(4) A meeting specified in subsection 1 of this section which cannot be notified of in advance within the period of time provided in subsection 1 of this section due to the need to urgently hold the meeting is to be notified of immediately after the need to hold the meeting arose.

§ 68. Meeting notice

(1) A notice of holding of a meeting must be submitted in writing and signed by the organiser of the meeting or by a person having the right to represent the organiser.

(2) The notice must set out:

1) the objective of the meeting;

2) the place of holding of the meeting and, if known, the route;

3) the predicted number of participants in the meeting;

4) the date and time of the start and predicted end of the meeting;

5) the given name and surname, personal identification code or date of birth, and the means of communication of the organiser of the meeting, as well as the name of the association who is not a legal person and in whose name the meeting is organised;

6) if the meeting is organised by a legal person then the legal person’s name and registry code and the name, personal identification code or date of birth and the means of communication of the person exercising the rights of an organiser of a meeting on behalf of the legal person;

7) if there are stewards, then their names and personal identification codes; if order is maintained by a security company, then its name, registry code and means of communication;

8) information about sound and lighting devices used at the meeting;

9) information about tents, stages, stands or other large-scale structures set up for holding the meeting.

(3) If a meeting notice complies with the requirements provided in this section, the prefecture accepts the notice and immediately issues to the organiser of the meeting a written notification of receipt of the meeting notice.

(4) A prefecture is required to forward the information set out in the meeting notice to the city or rural municipality government of the place of holding of the meeting, to the person providing emergency medical care services at the place of holding of the meeting, to the rescue service agency and to the possessor of a building or a construction in front or in the near vicinity of the place of holding of the meeting immediately after receiving the notice. If the meeting is intended to be held on a publicly used road the owner of which is not the state or the local government, the information set out in the meeting notice mudt also be forwarded to the owner of the road.

(5) If holding of a meeting requires the reorganisation of traffic, the city or rural municipality government which has received the information set out in the meeting notice is required to ensure the reorganisation of traffic according to the information received. The city or rural municipality government has the right to demand from the organiser of the meeting additional information necessary for determining the way of the reorganisation of traffic.

(6) A prefecture registers and retains meeting notices. Information set out in a meeting notice, except for personal identification code, date of birth and place of residence of a natural person, is public and is published prior to the start of meetings on the website of the police.

(7) This section is also applied in the case an organiser of a meeting wishes to submit a notice about holding a meeting not specified in subsection 1 of § 67 of this Act.

§ 69. Changing of time or place of holding of meeting

(1) A prefect may require an organiser of a meeting to change the time or place of holding of the meeting if:

1) a notice of holding another meeting at the same place at the same time has been previously received or if there is a predominant public interest for organising another public gathering at the same place at the same time and it is not possible to hold several public gatherings at the same time at that place;

2) it is unavoidable in order to avoid a serious immediate threat or to counter it.

(2) If a meeting is intended to be held in the jurisdiction of several prefectures, the right specified in subsection 1 of this section is vested in the Director General of the Police and Border Guard Board.

(3) An organiser of a meeting specified in subsection 1 of § 67 of this Act is to submit a new notice concerning the meeting with the changed time or place pursuant to § 68.

§ 70. Guarantee of safety at meeting

(1) The police may require an organiser of a meeting to:

1) increase the number of stewards at the meeting if there is reason to believe that the designated steward will not be able to assist the organiser of the meeting sufficiently in the fulfilment of the obligations provided in clauses 1, 2 and 5 of subsection 3 of § 64 of this Act; or

2) substitute the designated steward for another person if there is reason to believe that this person will not be able to fulfil the duties of a meeting steward.

(2) A prefect may require an organiser of a meeting to fulfil any obligations not specified in subsection 1 of this section if it is unavoidable for preventing or countering a serious threat.

(3) If a meeting is intended to be held in the jurisdiction of several prefectures, the right specified in subsection 2 of this section is vested in the Director General of the Police and Border Guard Board.

§ 71. Removal of person from meeting

(1) The police may remove a person from a meeting if it is unavoidable and a less infringing measure than ending the meeting and if:

1) an immediate serious threat is arising from the person being removed;

2) their behaviour exhibits circumstances specified in § 62 of this Act; or

3) it is necessary to counter an immediate threat to the life or physical inviolability of the person being removed and it is not possible to counter it by applying another measure, except for the measure specified in § 73 of this Act.

(2) In order to remove a person from a meeting, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

§ 72. Prohibition of meeting

(1) A prefect may prohibit the holding of a meeting if:

1) the organiser of the meeting does not agree to a restriction imposed on them on the basis of § 69 of this Act or fails to comply with it; or

2) there is reason to believe that holding of the meeting causes a serious immediate threat and it is not possible to counter the threat by using a less infringing measure.

(2) If a meeting is intended to be held in the jurisdiction of several prefectures, the right specified in subsection 1 of this section is vested in the Director General of the Police and Border Guard Board.

(3) If it is prohibited to hold a meeting specified in subsection 1 of § 67 of this Act, the prefecture is required to immediately forward the decision on prohibiting the holding of the meeting to the city or rural municipality government of the place of holding of the meeting, to the person providing emergency services at the place of holding of the meeting, and to the local rescue service agency.

§ 73. Ending and disbanding of meeting

(1) The police give an organiser of a meeting an order to end the meeting if holding of the meeting is prohibited on the basis of § 62 or § 72 of this Act or if the meeting is held at a place specified in § 63 of this Act.

(2) The police may give an organiser of a meeting an order to end the meeting if:

1) the organiser of the meeting fails to comply with a restriction imposed on them on the basis of § 69 or § 70 of this Act;

2) holding of the meeting causes an immediate serious threat and it is not possible to counter the threat by using a less infringing measure; or

3) the life or physical inviolability of the participants in the meeting is threatened by an immediate threat which cannot be countered by using a less infringing measure.

(3) If an order specified in subsection 1 or 2 of this section cannot be given to an organiser of a meeting or if it is to no avail, the police give an order to end the meeting to the persons taking part in the meeting.

(4) In the cases provided in subsections 1–3 of this section the police may hinder persons in gathering at the place of holding of a meeting.

(5) If a person taking part in a meeting fails to comply with an order to end the meeting, direct coercion may be used with regard to them insofar as it is unavoidable for disbanding the meeting.

§ 74. Direct coercion

(1) Direct coercion means affecting of a natural person (hereinafter person), an animal or a thing by physical force, special equipment, a weapon or munition.

(2) Special equipment means an animal or a thing which is intended for physically affecting a person, an animal or a thing and which is not a weapon.

(3) A weapon means a firearm or another weapon for the purposes of the Weapons Act.

(4) Munition means munition for the purposes of subsection 2 of § 83³ of the Weapons Act.

§ 75. Authority to apply direct coercion

(1) Physical force, special equipment or a weapon may be used by the police. Other law enforcement agencies may use physical force, special equipment or a weapon only in the cases provided by law.

(1¹) A military weapon, a weapons system and munition may be used by the Police and Border Guard Board, the Estonian Internal Security Service and the Defence Forces. The Defence forces may use a weapon of Armed Forces.

(2) The types of weapons (service weapons) and special equipment allowed for the police and other competent law enforcement agencies are provided by law.

§ 76. Admissibility of application of direct coercion

(1) The police or, in the cases provided by law, another law enforcement agency may only apply direct coercion if ensuring the fulfilment of the obligation to ascertain or counter a threat or eliminate a disturbance imposed on a person by an administrative act is not possible by another administrative coercive measure or is not possible in a timely manner. If by a caution specified in subsection 1 of § 78 of this Act a deadline for complying with an administrative act is determined for a person, direct coercion may be applied if the person fails to comply with the administrative act in a timely manner.

(2) Direct coercion is permitted to be applied without a prior binding administrative act if the issue of the administrative act is not possible due to the urgent need to counter an immediate serious threat or eliminate a disturbance.

(3) Direct coercion is not permitted to be applied in order to obtain a statement, opinion or explanation.

§ 77. Aid to injured person

If by the application of direct coercion a bodily injury is caused to a person, a law enforcement agency is required to guarantee first aid to the person at the first opportunity and, if necessary, call an ambulance.

§ 78. Caution against direct coercion

(1) Before the application of direct coercion a law enforcement agency is required to caution the person with regard to whom or with regard to an animal or thing in the person’s ownership or possession the law enforcement agency is planning to apply direct coercion. If possible, the caution must set out a deadline for complying with the administrative act specified in subsection 1 of § 76 of this Act, enabling the addressee of the administrative act to fulfil the obligation.

(2) If a caution has been prepared in writing, the official of a law enforcement agency repeats the caution orally before they start to apply direct coercion.

(3) If possible, people are cautioned beforehand about the application of direct coercion against a crowd with the consideration that those who wish would have the possibility to retreat voluntarily. In applying direct coercion against a crowd, it is not required to caution people against the use of a technical barrier with regard to them.

(4) Cautioning may only be neglected if cautioning is not possible due to the urgent need to counter an immediate serious threat or eliminate a disturbance. Cautioning against the use of a firearm against a crowd may not be neglected.

§ 78¹. Special equipment

The special equipment of police officers or, in the cases provided by law, officials of another law enforcement agency are:

1) handcuffs;

2) shackles;

3) binding means;

4) a restraint jacket or a restraint chair;

5) a service animal;

6) a technical barrier;

7) a means to force a vehicle to stop;

7¹) equipment for forcing a landing;

7²) equipment for taking control;

8) a water cannon;

10) an explosive device for special purposes which is not used against a person;

11) a lighting and audio device for special purposes;

12) a colouring and marking device for special purposes;

13) equipment restricting radiocommunication.

§ 78². Service weapons

The service weapons of police officers or, in the cases provided by law, officials of another law enforcement agency are:

1) a firearm;

2) a gas weapon;

3) a pneumatic weapon;

4) a cut-and-thrust weapon;

5) an electric shock weapon.

§ 78³. Self-defence equipment

(1) The self-defence equipment is objects used upon the application of direct coercion for ensuring the physical safety of a police officer, an official of another law enforcement agency or a service animal.

(2) A list of the self-defence equipment of police officers and the requirements for the self-defence equipment are established by a regulation of the minister in charge of the policy sector.

§ 78⁴. Munition

(1) Munition of the police, the Defence Forces and, in cases provided by law, another law enforcement agency is:

1) a fragmentation grenade and high explosive grenade up to 40 mm in diameter;

2) a hand grenade;

3) a grenade evoking tears, or smoke, sonic, light or other effect, or a sensation of pain.

(2) In the event provided in subsection 1¹ of § 3¹ of the Estonian Defence Forces Organisation Act, the Defence Forces may also use other munition in addition to that provided in subsection 1 of this section.

§ 79. Use of handcuffs, shackles, binding means, restraint jacket, restraint chair and restraint bed

(1) The police or, in the cases provided by law, another law enforcement agency may use handcuffs with regard to a person if there is reason to believe that they may:

1) attack another person, offer physical resistance to an official of a law enforcement agency or damage a proprietary benefit of great value;

2) escape or they may be released unlawfully if they have been deprived of liberty pursuant to law; or

3) injure or kill themselves.

(2) Shackles may be used on the bases provided in subsection 1 of this section with regard to a suspect, accused or convicted offender who may be deprived of liberty pursuant to law or who has been deprived of it in relation to:

1) the commission of a violent criminal offence in the first degree;

2) the commission of a criminal offence for which they may be sentenced to life imprisonment as a punishment; or

3) the commission of another criminal offence if the use of handcuffs is not sufficient for the achievement of the objective.

(3) If the use of handcuffs or shackles is not possible, the police or, in the cases provided by law, another law enforcement agency may use a binding means, restraint jacket, restraint chair or restraint bed on the bases provided in subsections 1 and 2 of this section if this does not jeopardise the person’s life, and does not cause them bodily injury or great physical pain. The use of a binding means, restraint jacket, restraint chair or restraint bed may not last for more than one hour at a time.

§ 79¹. Use of water cannon

(1) For countering a serious threat, the police or, in the cases provided by law, another law enforcement agency may use a water cannon against a crowd if countering the threat by another measure of direct coercion, except for a firearm, is not possible or is not possible in a timely manner, and with the consideration that in using a water cannon, every effort is made in order not to jeopardise another significant benefit.

(2) The procedure for the use of a water cannon is established by a regulation of the minister in charge of the policy sector.

§ 80. Use of electric shock weapon

(1) The police or, in the cases provided by law, another law enforcement agency may use an electric shock weapon for countering a serious threat if countering the threat by another measure of direct coercion, except for a firearm, is not possible or is not possible in a timely manner, and with the consideration that in using an electric shock weapon every effort is made in order not to jeopardise another significant benefit.

(2) The police or another law enforcement agency may only use an electric shock weapon with regard to a person to make them incapable of attacking, offering resistance or escaping if it is not possible to achieve this objective by using an electric shock weapon against an animal or a thing or by another measure of direct coercion, except for a firearm, and if it is also necessary in order to:

1) counter an immediate threat to life or physical inviolability;

2) obstruct the commission of an imminent or already on-going criminal offence in the first degree;

3) detain a person suspected or accused of a criminal offence in the first degree or hinder their escape if they may be deprived of liberty pursuant to law or if they have been deprived of it pursuant to law; or

4) detain a person or hinder their escape if they may be deprived of liberty on the basis of a court decision or if they have been deprived of it on the basis of a court decision.

§ 80¹. Use of equipment restricting radiocommunication

Equipment restricting radiocommunication may be used to cause radio interference only in the cases and in accordance with the rules provided in § 115 of the Electronic Communications Act.

§ 81. Use of firearm

(1) The police or, in the cases provided by law, another law enforcement agency may use a firearm for countering a serious threat if countering the threat by another measure of direct coercion is not possible or is not possible in a timely manner, and with the consideration that in using a firearm every effort is made in order not to jeopardise another significant benefit.

(2) The police or another law enforcement agency may only use a firearm with regard to a person as a last resort to make them incapable of attacking, offering resistance or escaping if it is not possible to achieve this objective by using a firearm against an animal or a thing or by another measure of direct coercion and if it is also necessary in order to:

1) counter an immediate threat to life or physical inviolability;

2) obstruct the commission of an imminent or already on-going violent criminal offence in the first degree or such a criminal offence for which life imprisonment may be sentenced as a punishment;

3) detain a suspect, accused or convicted offender or to hinder their escape if they may be deprived of liberty pursuant to law or if they have been deprived of it pursuant to law in relation to the commission of a violent criminal offence in the first degree or such a criminal offence for which they may be sentenced to life imprisonment as a punishment.

§ 81¹. Use of munition

(1) The Police and Border Guard Board, the Estonian Internal Security Service or the Defence Forces may use munition for countering a serious threat where countering the threat by another measure of direct coercion is not possible or is not possible in a timely manner, and with the consideration that in using munition every effort is made in order not to jeopardise another significant benefit.

(2) The Police and Border Guard Board, the Estonian Internal Security Service or the Defence Forces may only use munition with regard to a person as a last resort to make them incapable of attacking or offering resistance if it is not possible to achieve this objective by using munition against an animal or a thing or by another measure of direct coercion and if it is also necessary in order to:

1) counter an immediate threat to life;

2) counter the person’s actions in the event of an immediate threat endangering the security or constitutional order of the state.

(3) Munition may not be used against a crowd at a peaceful public gathering.

(4) The structural units and positions of the Police and Border Guard Board and the Estonian Internal Security Service with the right to apply a measure specified in subsections 1 and 2 of this subsection are designated by a directive of the minister in charge of the policy sector.

(5) The provisions of this section do not apply to clause 3 of § 78⁴ of this Act.

§ 81². Handling of explosive and requirements for blast site

(1) A structural unit designated by the Director General of the Police and Border Guard Board may handle an explosive in order to make an explosive device specified in clause 10 of § 78¹ of this Act.

(2) The procedure for handling an explosive by a structural unit designated by the Director General of the Police and Border Guard Board and the requirements for a blast site are established by a regulation of the minister in charge of the policy sector.

§ 82. Involvement of person other than person liable for public order in performance of state’s law enforcement duty under law enforcement contract

On the proposal of the Director General of the Police and Border Guard Board and on the ground and in accordance with the rules specified in a specific law, the minister in charge of the policy sector may decide to involve a security company, a non-profit association the objective of which under its articles of association is to participate in the protection of public order, and a local government within which a law enforcement official has been appointed to office or a law enforcement unit formed, to take part in performing the functions of the police under a law enforcement contract.

§ 83. Costs of State Supervision Measure

(1) The costs of substitutional performance which has taken place upon the application of a state supervision measure are claimed by the law enforcement agency which applied the substitutional performance from a person liable for public order on the basis of and pursuant to the procedure provided in the Substitutional Performance and Non-Compliance Levies Act.

(2) If a movable examined under § 49 of this Act cannot be used as usual after the examination, the law enforcement agency which examined the movable compensates the possessor of the movable for the cost of the movable or the costs of restoring the movable for use as usual, and pay for the costs of the samples and measurements taken and expert assessments given or commissioned, as well as pay for the costs related to destroying or returning the movable. If the samples, measuring results or expert assessments reveal that the movable or the use thereof does not comply with the requirements provided by law or legislation established on the basis thereof and the possessor was aware of it or should have been aware of it, the law enforcement agency may decide not to compensate the possessor of the movable for the costs thereof and claim from the possessor the compensation for the justified and certified costs related to the taking of samples and measurements and giving of expert assessments as well as to destroying or returning the movable.

(3) The law enforcement agency which has examined premises according to § 51 of this Act pays for the costs of the samples and measurements taken and expert assessments given or commissioned. If the samples, measuring results or expert assessments reveal that the premises or the use thereof do not comply with the requirements provided by law or legislation established on the basis thereof and the possessor was aware of it or should have been aware of it, the law enforcement agency may claim from the possessor the compensation for the justified and certified costs of the taking of samples and measurements and giving of expert assessments.

(4) The costs arising from the application of compelled attendance are compensated for by the law enforcement agency which requested the compelled attendance.

(5) The costs arising from the application of direct coercion are compensated for by the law enforcement agency which requested the application of direct coercion.

(6) The procedure for the extent and calculation of and the compensation for the costs arising from compelled attendance and the application of direct coercion may be established by a regulation of the Government of the Republic.

§ 84. Entry into force and implementation of Act

(1) The time of entry into force and the procedure for the application of this Act are established by a separate Act.

(2) Legislation, issued by local governments, applicable under clause 5 of § 55 of this Act prior to the entry into force of this subsection is deemed invalid.