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CRIMINAL CODE

Passed 6 June 2001

(RT¹I 2001, 61, 364; cosolidated text RT I 2002, 86, 504),

entered into force 1 September 2002,

lastly amended in 2004

§ 121. Physical abuse

Causing damage to the health of another person, or beating, battery or other physical abuse which causes pain, is punishable by a pecuniary punishment or up to 3 years' imprisonment.

§ 122. Torture

Continuous physical abuse or abuse which causes great pain is punishable by a pecuniary punishment or up to 5 years' imprisonment.

Illegal Termination of Pregnancy

§ 125. Malicious termination of pregnancy

Termination of a pregnancy against the will of the pregnant woman is punishable by 3 to 12 years' imprisonment.

§ 126. Unauthorised termination of pregnancy

(1) Termination of a pregnancy at the request of the pregnant woman by a person without the right arising from law to terminate pregnancy is punishable by a pecuniary punishment or up to 3 years' imprisonment.

(2) The same act is punishable by up to 5 years' imprisonment if the pregnancy has lasted for more than twenty-one weeks.

§ 127. Termination of pregnancy later than permitted by law

A person with the right to terminate pregnancy who terminates the pregnancy of a woman at the request of the pregnant woman later than permitted by law shall be punished by a pecuniary punishment or up to one year of imprisonment.

§ 128. Consent to termination of pregnancy

A woman who consents to termination of her pregnancy by a person without the right arising from law to terminate pregnancy or termination of pregnancy later than permitted by law shall be punished by a pecuniary punishment.

(12.06.2002 entered into force 01.09.2002 - RT I 2002, 56, 350)

Division 5

Illegal Treatment of Embryo or Foetus

§ 129. Damaging of embryo or foetus

Damaging an embryo or foetus by injuring, administering a substance to or performing any other act with regard to the embryo or foetus while it is in the uterus of a woman if such act results in miscarriage or the death of the embryo or foetus is punishable by a pecuniary punishment or up to 5 years' imprisonment.

(12.06.2002 entered into force 01.09.2002 - RT I 2002, 56, 350)

§ 130. Prohibited acts with embryo

Human cloning or creating a human hybrid or human chimera is punishable by a pecuniary punishment or up to 3 years' imprisonment.

§ 131. Abuse of human embryo or foetus

A person who creates a human embryo or foetus in vitro without the intention to transfer the embryo of foetus to a woman, or outside an institution duly authorised by law or without the corresponding lawful right, or preserves a human embryo or foetus in vitro in an unfrozen form for longer than the term provided by law or performs unauthorised transactions with an embryo or foetus, shall be punished by a pecuniary punishment.

§ 132. Illegal surrogate motherhood

Transfer of a foreign ovum, or an embryo or foetus created therefrom to a woman whose intention to give away the child after birth is known is punishable by a pecuniary punishment.

Division 7

Offences Against Sexual Self-determination

§ 141. Rape

(1) Sexual intercourse with a person against his or her will by using force or taking advantage of a situation in which the person is not capable of initiating resistance or comprehending the situation is punishable by 1 to 5 years' imprisonment.

(2) The same act, if:

1) committed against a person of less than 18 years of age;

2) committed by two or more persons;

3) serious damage is thereby caused to the health of the victim;

4) it causes the death of the victim;

5) it leads the victim to suicide or a suicide attempt, or

6) committed by a person who has previously committed rape,

is punishable by 6 to 15 years' imprisonment.

§ 142. Satisfaction of sexual desire by violence

(1) Involving a person against his or her will in satisfaction of sexual desire in a manner other than sexual intercourse by using force or taking advantage of a situation in which the person is not capable of initiating resistance or comprehending the situation is punishable by up to 3 years' imprisonment.

(2) The same act, if committed against a person of less than 18 years of age, is punishable by up to 5 years' imprisonment.

§ 145. Sexual intercourse with child

An adult person who engages in sexual intercourse with a person of less than 14 years of age shall be punished by up to 3 years' imprisonment.

§ 146. Satisfaction of sexual desire with child

An adult person who involves a person of less than 14 years of age in satisfaction of sexual desire in a manner other than sexual intercourse shall be punished by up to 2 years' imprisonment.