Summary

The harm or danger of individual minor offences at first may not seem significant, and thus they do not inspire a reaction from the state. But if a large amount of minor offences are committed, together they cause a great amount of harm, and impose great danger that neither legislators nor criminal authorities can ignore.

Minor offences are often characterized by their great numbers or mass nature. When such offences are widespread, lawmakers must decide what steps should be taken to best impede the mass proliferation of offences. To make these choices, one must first analyse court practice to date, currently applicable material and procedural rules, and the state’s actual ability to impose punishment. If a penal measure that is clearly hard to impose is chosen or if an offender can evade punishment, both the effect of penal law and abiding by the law are diminished and the number of offences remains unchanged. The number of offences, including misdemeanours, can only be reduced through legal norms that are effective in practice.

The article introduces the “Broken Window” theory developed by criminologists James Q. Wilson and George Kelling. In addition, the author looks at the importance of the ability to lead in criminal policy, and provides examples of significant minor offences and efforts to combat them in Estonia.