Summary

Unfortunately, the history of the Estonian State has not favoured the development of unique criminal law traditions in the jurisprudence and legal practice of Estonia. Therefore, the author believes that there is no reason to state that the bill for the General Part of the Penal Code drafted by the Government of the Republic of Estonia fails to observe Estonian legal traditions.
Arguments that the bill closely follows the example of the German Criminal Code do not hold water since the German Criminal Code lacks provisions that form the general part. Rather, the German Criminal Code is an expression of criminal law in continental Europe. The Estonian bill differs from the German Criminal Code in two aspects. First, in some cases, the Estonian bill makes use of solutions offered by some other criminal codes. Second, the bill is drafted in a legislative drafting style characteristic of Estonian law which is unique in the world and likely to set an example to other countries in the future.
A detailed style of regulation specific to the Estonian bill has great advantages in the determination of the composition of the special part of the Penal Code. Further, the use of such a style allows to apply the principle of definitiveness of law that is essential from the perspective of the rule of law. This is particularly important in the Estonian context where long-term legal traditions present in Germany and France are absent.