Summary

Countries with Romano-Germanic legal traditions characteristically have a finalistic three-tier structure of delict that is built on the following levels: presence of necessary elements, unlawfulness and fault. If an act lacks the elements described in the disposition of the necessary elements of fault or if there are other circumstances that preclude unlawfulness or fault, there cannot be a conviction.

Pursuant to §27 of the Penal Code (PC), justifying circumstances may derive from the PC itself, other acts, international conventions or international practices.

This article suggests bases to define §27 of the PC in the part concerning international law. For this purpose, the first part of the article analyses the sources covered by international conventions and international common law referred to in §27 of the PC and how they are transposed to the national law of Estonia. The second part focuses on justifying circumstances that derive from international conventions and international practices, with an emphasis on the question of whether international sources include justifying circumstances not found in national law in Estonia.