Criminal law by suchenfz



Situation in the World

The number of crimes has risen up to 400 mln in 1980, it is more than one million
crimes a day. In 1975 the number of registered crimes was 330 mln. The jump was
especially recognizable in developed countries, where most mostly grew the
number of registered crimes and offences against the person. Mere the number of
assault has risen from the 150 crimes registered per 100 000 citizen in 1970 to 400
crimes per 1000 000 citizen in 1990. The number of theft tripled. All in all in 1990
there has been registered half a billion i.e. 500 000 000 crimes already. Imagining
the victims of these crimes, each of whom have their own lives, relatives and
friends, their plans and dreams, into which the crime unexpectedly and violently
crashes, robbing their money and the feeling of security, causing distrust, fear and
sufferings, we could understand why controlling, impeding and preventing is the
priority of every government. UN and EC have in their activities begun more to
consider with the organizations and people, which speak about the crisis of justice
and penal system, suggesting alternative models to the traditional retributive and
distributive justice.
        Based on the research (Third United Nations Survey of Crime Trends) the
developed countries have spent from their budgets 2-3 % on keeping crime under
control. Developing countries must pay even higher price: their expenditures reach
up to 14 %. Differences in the tactics for keeping order become obvious also in the
numbers of peace officers and convicts. On the average there are 225 police officers
and 20 prison officers per 100 000 citizen in developed countries. In developing
countries these numbers are accordingly 500 and 50. About the number of prisoners
we can use the data of European Committee. When in the Scandinavian countries
that culturally are more similar to us the number of prisoners balances between 60
to 90 per 100 000 citizen, then Russia and USA which as if compete with one
another, allow ca 600 detainees per 100 000 citizen.
       The survey of crime victims (National Crime Victims Survey) started in the
current decade and which first stage has taken place in more than 50 countries,
informs us that more than half of the citizens of the towns of the world have fallen
victim to crimes in the period from 1988 to 1994. Welfare state Sweden informs us
that based on the latest surveys 6 % of the questioned admitted that they have
experienced violence or they have been threatened with violence. That makes about
400 000 Swedes each year. Usually these are not severe crimes, but at least in case
of 2 % of the persons questioned violence had severe consequences. The total
number of the crimes reported to the police, depending on severity of crime and the
relations of the victim and offender presumably makes 5-20 %. Quite often women,
who have been sexually abused or assaulted, live together with the offender. Most
of the violence against women has been committed in their home (Our common
responsibility). Many researchers in Europe and USA have come to the same
conclusion too. 20-25 % of the persons questioned in Sweden have lately suffered
through at least one criminal offence against property.
       It has been studied as well how big is the chance that a person becomes the
victim of crime. It depends on person’s age and gender and to some degree of the
person’s lifestyle, also on the type of crime. 99 % of the Americans at least once in
their life become victims of crime, 87 % of people have suffered by theft three or
more times, 83 % of people fall victim to violent crime at least once. Canadian
researches claim, that in case of men the degree to falling victim to violent crime
and to offences against person was three times bigger than in case of women. At the
age of 15 to 24 the amount of victims compared to the age groups of 25 to 44 and
45 to 64, is accordingly 2 and 7 times bigger. The degree of falling victim was 3
times higher in case of singles, in case of those who lived separately or were
divorced, compared to the married ones. Students, the persons who participated in
outdoor activities more than 30 times a month and the persons who drank alcohol
more than twice a week, were at higher risk to fall victim to crime. Hence men,
young, single and students are at higher risk to fall victim; also those who are active
in the evenings outside their homes or use alcohol regularly. The preceding does not
mean that an older, married, alcohol non-using woman with homely lifestyle
wouldn’t fall victim to crime, the results of many researches just evaluate the risk
lower in that case. Many researches claim that people, who have not fallen victim to
crime or any other accident, tend to underestimate the chance of negative incidents
happening in their lives and are impatient, when victims attempt to cope with their
negative experience. People have an illusion of being untouched (“it will not
happen to me”) and therefore they tend to believe that victim is to be blamed for his
misfortune (Arendi, 1996).

Faith in action

As an interesting document and example of the autonomous cooperation of the
church and the state I present you as an excursus the report “Faith in Action”
developed by Texas Governors Advisory Task Force on Faith-Based Community
Service Groups to be presented to Governor George Bush. The committee is
founded by the governor’s resolution from 2nd May 1996 in order to analyze the
role and possibilities of religious   programmes, to estimate the laws, rules and
procedures and if necessary, to make amendments. I suggest both the Estonian
Council of Churches and churchly centres and followers, to get introduced with the
whole text; and we go to the fourth subdivision where are given the motions and
examples of work with drug addictions and the damages of the crime.
       It has been found, that the two most effective factors of preventing alcohol
addiction are certainty about the future and regular congregation’s communion. 89
% of addicts say that they have lost interest in religion already in school years.
Richard Freemann from Harvard University tells that the boys who are regularly
occupied in the church tend to criminality half less. They become drug addicts 54 %
less and falling out of school occurs 47 % less. In the report are indicated the
programmes based on faith Victory Fellowship and Teen Challenge and to the need
to support them by the state. The philosophy of both programmes is that addiction is
not of substance but of sin – hence the problem is not medical but religious. The
efficiency of both programmes is around 70 % and the cost dozens of times lower
than that of medical programmes. Effective treatment in case of addictions reduces
considerably crime levels.
       Follows the suggestion based on the analysis of correction programmes, to
use more frequently the services and help of religious organizations. The efficiency
of religious rehabilitation programmes has been measured in case of hundreds of
people in 20 prisons of 12 states. It has been found, that religious prisoners did
better in solving their problems, learnt to cope with the problems of guilt, admitted
their personal responsibility for the crimes committed and could set an example for
the others prisoners.
       On the initiative of the former Watergate affair ideologist, present Honorary
Chairman of Christian prison welfare services organization Prison Fellowship
International, Charles Colson, the department working with prisons studied
recidivity of the released prisoners and came to the conclusion that in case of
religious prisoners, recidivity is remarkably lower. In rehabilitation in the key
position stand the part of religious guidance and teaching. Byron Johnson,
criminologist of Lamar University admits that religion is an important but forgotten
in reducing crime. Religion fulfils the empty vacuum in person’s life, giving him
hope and trust with the answers to the big questions of life.
       Former Pentagon official, political analyst Robert Maginnis refers to thirteen
surveys that all evidence of the importance of religion and church in reducing
behavioural deviations.
       The people who have committed crimes whether living in prisons or in
freedom need material support, clear role models, moral guidance, communication
teaching, family and sexual education and caring environment. Negligence
experienced in early childhood to which later on reasonable account add hatred and
despise, cannot generate anything else but progressive degeneration and criminal
relation. The task of the Christians is to hate the sin and to love sinful people. We
can create new pro-social and balanced environments, based on positive relations.
Environments, that do not reproduce sin and as its fruits the lives damaged by evil.
Small environments in the face of local congregations, Christian organizations,
agencies and programmes accumulate and radiate positive energy, heal the society
from inside through their existence, through the activities aimed at community and
through prayer.

About the Situation in Estonia

The roots of crime are hidden in sin. Therefore it is not in our power to eliminate it.
Yet while living in that sinful world, we should give up feeding and growing sin
and to restrict the proliferation of its forms of expression. It is the question of
common life and responsibility of us all. At the same time it is short-sighted and
unwise to claim, that criminality could be regulated by investing in penal system.
Until penal system is considered inevitable and prison its natural part, high
expenses in this area are natural as well: but on quite different reasons of which we
could note here the security of both the prisoners and prison officers but first of all
in order to retain the humanity of correctors. There we cannot speak about genuine
dignity of someone who harms someone else’s dignity, the more if one damages the
dignity of a person in his power. To oblige a person to damage the other’s dignity,
to detain a person in humiliating or inhuman conditions is the state’s ultimate
immorality both as a controller as well as an employer. Therefore the growth of the
costs of penal system is coded to the idea of punishment like a fee that we pay for
our or state violence being allowed. Actually the regulation of crime is something
quite different than that and it takes place somewhere outside the prison, where
reach only a trivial percent of people who have commit crimes and these convicts
should as if through substitutional sufferings to bear the guilt of the others as well.
To what scale criminality is part of public economy, and how great a part of
turnover comprises dirty or washed money and in what amount it is considered as a
state in its action - the ignorance about it all is shameful. How strongly does state
actually depend on criminality and how largely does state support it?
       In the chapter introducing criminology I presented the approaches to the acts
called bad. Gentry criminality that designates selling and buying hotels with the
prostitution and drug trafficking is obviously something quite different from the
acts of a tramp stealing bread in the market or of a youngster who in a fight causes
injuries to a boy from the neighborhood. By creating special economic zones and
allowing acting exempt from tax due to the preference agreements, gun trade and
horse theft or car theft, beating wife and privatization of a market to a person who
has started with his business from protection racket and come to moving big money,
killing somebody by causing car accident and cruelty to animals: is there anyone
who really believes that it is possible to solve that complicated bunch of conflicts
by lifting salaries of the employees of human court and penal system or the police?
We have either to change or to live with what we are and to what we have changed
the world to trusted us. The intertwined garland of relations and matter on the tomb
of our lost God likeliness. In the cure for souls for both the prisoners and the rulers
applies the way of truth. If we want to recover we have to choose changing. For that
we have to stop lying to ourselves.
       The seedbed of the Neo-Leftism appearing in Estonia is poverty and
stratification. The church cannot view left-right scale absolutely preferring one to
another. The church’s attitude is specified by its mission in the society, yet from the
church I see left-right movements as indisputably dynamic handles, the tension –
dialectics, if you wish - between them creates the reality in which we live. The
same seedbed produces crime also. Main makers here are Russians, Ukrainians and
Byelorussians, who mostly have lost their national identity.
       In his foreword to Daniel Van Ness book “Crime and its Victim” that has
been widely introduced before, the chief specialist on programs of the Center of
Social Rehabilitation, rehabilitation workers and prison chaplains training provider,
Master of environmental science James W. Hilborn asks if the model of restorative
justice in a so deeply secular world is possible at all. Is it real in that varied world
that is multicultural, multiracial and multifaith? What is meant by Community? The
model of Van Ness relies greatly on the members of religious community, fellow
Christians. Is there any space for the other religions, humanists, atheists and non-
believers? (Hilborn, 1998, p 3).
       In contemporary East-Europe we should first look at the renewal of church
and religious communities as the precondition of survival. But tomorrow Europe is
so close already, that we cannot leave it without attention. Hilborn’s background is
Canadian multicultural environment with its oral religious diversity and his
question seems to proceed just from that background. In our context the same
question is primarily of preventive character and is looking in the future. By its
idea, heritage and history European cultural space is Christian, in reality it is Post-
Christian. More and more colored refugees bring along the implications of East and
Islam, the neo-immigrants from post-communist countries bring religious
indifference and nihilism; from Africa come religious Christians but also the
bearers of absolutely pagan beliefs. When about a thousand or two thousands of
years ago European diversity was geographically structured, then in the third
millennium it has intermixed due to both - physical and spiritual migration and
migration forced by computers. Standing in its space and on its heritage, and even
more while entering the cyberspace the church social work meets on every level
alternation and mixing and direct challenges.
       Living and working in Estonian language and justice space we have to
consider the continuous variability of that space. How to preserve paradigmatic
identity in Christ    at the same time renewing in the form? Who integrates the
Albanians, The English- and Finnish-speaking? And the largest part of our society
outside the church in the face of Russians, Byelorussians and Ukrainians? These are
both the church and socio-political questions, in order to answer them there must be
clear understanding in us. And the importance of criminal work as the model for the
whole social work is not irrelevant here. These processes, changes and groups have
been noticed and taken into account, while working with most endangered groups
and of high criminal risk groups. Criminal activity of non-Estonians is about one-
fourth higher than in case of natives. It is possible to block it with protection factors
and thus to prevent both, strictly criminal and social conflicts also. Religiosity and
integration into a congregation are undeniably effective preventive factors besides
offering social guarantees (Faith in Action).
       I have already pointed out noted the fact, that unlike the widespread false
opinion the object of the church criminal work is not only welfare of the convicts.
Yes, the church does not leave the needs of these people out of the circles of its
attention, but these circles are concentric. In the centre there is sin. Sin lays in
unbelieving. Observing Luther’s approach of faith Tillich stresses, that belief does
not mean the prerequisite for grace or believing in impossible things, but being
reached by divine reality, by reunion with it. Faith, says Luther, is God’s gift. Faith
is the dynamic shock of soul, who receives that what is absolute and ultimate, and
who unites with God’s will (Tillich). Faith itself is revelation of grace. Unbelieving
is not accepting the grace. Lack of faith leads to disunion with God and people. And
that disunion reveals itself in all the other spheres of injured humanity, mankind and
human activities. Sin reveals itself in immoral legislation, immoral applied norms
and in ordinary everyday choices. Some of these choices are criminalized, some are
not. Criminalized and non-criminalized, but the choices equally infected with sin,
traumatize people in the form of social conflicts. Prevention and solving of these
conflicts is one of the tasks of the church in the field of society work, and that
understanding has grown out of the practical experience of church criminal work.
       Criminal activity coefficient among foreigners is about one fourth higher.
55, 4 % of persons who have committed crimes are Estonians (make 64 % of
population) and their percentage is falling. Chaos in the world of values of the
foreigners, rapid change in social position and material situation makes them the
most help-needy and not a small group in our society. In that small territory we can
not allow the appearance of two societies or two states. Integration is the key-word
for both the church and the state. Not self-preservation but self-exceeding of
guarantees us in new millennium the life centred round common values.
       Ownership relations and power relations (also access to information will
transform into ownership and power) regulate stratification. How to add them moral
joins the question how we can use the knowledge of the Church - its historical and
scientific experience. If we hold necessary to direct thinking with activating the
appropriate discussions, we could prevent or at least solve the social conflicts
emerging in the future. Computer studies for orphans would mean to offer at least a
small chance and hence it would be a better crime regulator than a new juvenile
          When in Germany the relatively poor comprise 10 % of the population, in
France and Great Britain that number is 20 %, in Greece and Portugal even 25 %.
Welfare improvement during previous years has been incomparable, yet
unprecedented is also the great difference between those who profit and who do not.
Capitalism has its losers and winners; it divides and separates the European society.
Yet in spite of that, it seems after the collapse of really existed socialism, there is no
alternative for Western capitalism (Friedhelm Hengsbach, 1994, p 220).
          The surveys of Saar-Poll and Conjunctural Institute claim that latent or
hidden crime is 2, 5 times higher than registered crime (Human Activity Report,
1996). I claim it is about 3, 5 to 4 times higher. In case of domestic violence, sexual
crimes and white-collar crimes, but also in case of drug trafficking and money
laundering about 10 and more times higher. Not speaking about the lifestyle crime
of decayed districts. Also the researcher of USA Tony Platt claims, that in poor
districts criminality is 4 times higher than registered (Üprus, 1998).
          In one of his texts Ivar Aimre, Professor of the Estonian Public Service
Academy points the outdated but still expressive data about the number of victims
of mugging per 100 000 citizens in different social stratums. The survey has been
carried through in USA. 172 people from 100 000 belonging to lower stratum and
whose yearly income was 3000 $ fell victim to crime. Of medium stratum (yearly
income 3 000 – 6 000 $) fell victim to crime 121 people and of high stratum (annual
income over 10 000 $) only 34 people (Broom, Selzniek, 1977).
          Is it the much-spoken equality before the law? Anatole France has written
somewhere that in its majestic righteousness the legislation forbid stealing bread,
begging and sleeping under the bridges for both the rich and the poor. It expresses
also in guaranteeing greater security. The rich can buy security for themselves from
private security companies and also from companies that deal with all kind of
protective equipment. The bounds of protection and business are hazy. Both one
and the other get their income from growing criminality. It cannot be prohibited. It
can be acknowledged and thus create clarity in haziness. The way to clarity runs
through changing the values and testifying to the truth. And only.
         On the basis of adaptation with changes Iris Pettai divides the population of
Estonia into three larger layers. Successfully adapted elitary stratum and higher
medium stratum – 23 %. Lower medium stratum adjusted to efforts – 33 %. Lower
stratum adapted to great efforts – 44 %. To the first belong mostly young people (39
% are under thirty years old); 80 % of them are Estonians. Dwelling place – Tallinn
and other big towns. In the second stratum there are 65 % of Estonians and to that
group belong 30 % of the benefit of the population. Only 1/5 of the income remains
for the third stratum where to belong 52 % of foreigners (Human Activity Report,
         Last year median family income in Estonia was 1416 USD per month. It
sounds well and is higher than that of Latvians and Lithuanians. Yet the reality is
quite different – economical inequality deepens quickly and economical average
rises due to the rich of the first deciles. When in the first calendar quarter of 1997
the income of the first and tenth decile differed 9, 6 times, then by the end of the
year difference was 15, 7. It wouldn’t matter that much (in Great Britain the gap is
twenty times), if many people were not made to live under poverty rate. At the same
time the determined subsistence level (500 EEK) does not guarantee actual coping
and hence there is no point in discussing it as that. When in the 1st of June there
were 43 000 persons seeking work and 29 000 beneficiaries of aid, it does not give
the true picture of actual unemployment or poverty either, yet comparing the cost of
food basket (517 EEK 1.11.1997. EMOR) and the actual subsistence benefit does.
         Human Activity Report speaks of the reproducing character of poverty. That
means a lot of poor people fall to still greater poverty. As the children from poor
families don’t get enough education, breeding and care, develops a certain
characteristic life-style that is difficult to abandon. It is obvious in connection with
our subject that ill breeding and negligence reproduce indifference. Indifference and
ignorance together manifest in robust violence. In large amount the reasons of crime
stand in social processes of which poverty and social exclusion connected with it
are the most important.
       Negative attitude to the state and polity is a no less important factor. It is
absolutely understandable, that the excluded ones will sour. Human Activity Report
says that in words both Estonians and Russians express loyalty to the state and
proves it with the survey of R. Rose New Baltic Barometer, 1997), that has
examined the attitudes of the Estonians and Russians about honoring the state flag,
paying income tax, the laws and obligation to serve in the Defence Forces. As the
same report says also something else, it is not possible draw of Rose’s research far
fetching univalent conclusions. Namely one fifth of the Estonian aliens don’t have
residence permit and they are not going to get it (some other sources speak about
Ruutsoo’s estimation that 10 % of the Estonian population does not have residence
permits, but even that means cà 50 000 live people). Population register does not
include a large amount of Estonian inhabitants. For these people do not extend
medical or social services and help. I deeply doubt in goodwill of the state that has
left them in such complicated situation. Unfortunately that doubt has been deepened
by practical contacts in everyday criminal work. The emerging slums live their dark
life in the shadow that protects them from the surveys and researches as well. How
would it be possible to get any idea of the illegals of Kopli or Lasnamäe?
       In order to handle the kind of social processes the Crime Prevention Council
recommended establishing a research centre. On the ground of that recommendation
the Government of Republic has issued the according order nr 919-k that would
have been executed by the 1st of September 1997. That order has not been executed
until today.
Crime Review
Structure and tendencies

       Yet the statistics of the Police Board that we can operate with includes only
registered crime, discuss that statistics here as well. Using my report to Episcopal
Council and the materials of Crime Prevention Council I compare the year 1998 to
1997, and find that the growth is remarkable. We could prognosticate exceeding the
limit of 50 000 next year, but it is not excluded that on psychological reasons they
do not want to show it this way. Thus last year were registered 45 721 (40 958)
crimes. 8598 people were prosecuted, 8 267 (9 053) of them were convicted. 42 %
of them were unemployed, earlier legally punished 27, 5 %. The material damage
caused by crimes (on the ground of statement of claim) had grown 23, 8 % and
made 1, 654 (1, 336) billion kroons in 1998. Percentage of crime detection remains
below 30 %.
       The number of imprisonments has dropped from Soviet period 50 – 60
percent to 25 – 28 percent that is in accordance with the general tendency of finding
alternatives to imprisonment. At the same time 217 detainees per 100 000 citizens is
still quite a heavy burden (elsewhere in Europe mostly under one hundred, in
Northern countries 60 – 80). Even at tense budget 282 millions was found for
prisons. One prison place costs 64 000 kroons a year, on probationer is spent 5 400
and in the field of church criminal work with the persons released from a penal
institution they have to manage with 3 500 kroons a year. We will not dwell here on
the comparison of educational and preventive effects of using these three strategies.
       With conditionally sentenced persons and those released on parole work at
the courts 108 probation officers, this year that number rises to two hundred and
remains constant then. In the institutions and projects of Estonian Evangelical
Lutheran Church Centre of Pastoral Care of Offender and Social Rehabilitation
Centre would be obligatory to speak about a hundred workers, but we can speak
about fifty staff employees. The situation is settled with the help of volunteers, but
it no good solution in Estonian situation and in growing poverty. “In state budget of
1997 buying of rehabilitation services from Social Rehabilitation Centre reflected in
special table row with 1 255 900 kroons, but in 1998 only as total sum for buying
rehabilitation services (5 851 100 EEK). The funds for buying hearing
rehabilitation, visually impaired rehabilitation and social rehabilitation services had
been brought together. Neither was determined from whom the service would be
bought. That allowed the state to delay with allocation of the sums designated for
the activities of Social Rehabilitation Centre (SRC) that painfully, that SRC had
great difficulties in running the shelters and paying the salaries to the employees.
By late autumn the problem was solved” (Sarv & Kaasik, 1998). In order to solve
the problem they had to turn to the Minister of Justice who was then Acting Prime
Minister. For 1999 the state has for rehabilitation services allocated in the state
budget nearly 5 million EEK, in public invitation for tender SRC has got 2,2 of
these funds for offering rehabilitation services. The actual need is, of course, twice
as big, the existing shelters allow increasing the capacity of the services also. The
state has limited the accommodation services bought to three month that expresses
the ignorance of the officials. The deep emotional damages of the clients and
cognitive deficiencies require systematic and purposeful long-term treatment.
Unfortunately the officials of social Ministry do not orientate in fundamental
concepts of rehabilitation and correction and the techniques used, therefore they do
not order expert assessments about the activities purposefulness and duration (yet
funds have been designated for that). The officials should at least orientate in the
laws of Estonian Republic and in the procedure of getting residence and work
permits. Unfortunately it is not possible to resocialize and integrate a person, who
has no passport, residence or work permit. Most of the clients who are released
from a prison are in the situation where they haven’t any of these documents. In the
Prison Board development concept we can read: “Here might be added, that as at
May 1st 1998 in penal institutions were about 1 033 people who had the Estonian
passport, 97 detainees with alien passport and about 3 000 detainees who have no
passport at all (due to the constant moving of the prisoners, it is not possible to get
the exact number). The importance of having the documents shows also the fact,
that the existence of them is a precondition in case of release on parole.” (Israel,
1998). Proveing the citizenship of an Estonian citizen, filling the necessary forms,
receiving answers and passport – it is possible to perform in a certain limit of time.
But in case we deal with a non-citizen or a person about whom there are no data in
the archives at all it simply is not possible. The curiosity of the situation stresses the
understanding that more than fifty percent of the convicted offenders are non-
Estonians without any documents. The situation is deeply inhumane and irrational.
If the client leaves probation without documents and not knowing where to, the
expenses on his probation from the point of view of the state are meaningless. From
the point of view of rehabilitation workers we have but managed to postpone not to
prevent new crime or the person perishing in the streets. And that on its turn makes
the work hopeless and weakens the system.
       Since May 1st 1998 in Estonia has been implemented probation supervision
system, that brings along the growth of the number of persons released on parole.
The need for temporary shelters for the released, for the specialists supporting their
re-adaptation into the society and for the services grows. The missions of state
probation supervision and SRC are essentially not quite the same at first, and it
shows the need for ongoing and development of both. SRC can offer effective
shelters, that in a year offer services to 1 500 clients; and qualified workers ten year
experience. The state cannot offer Christian pastoral work that is and will be the
natural and important component of SRC grown out of Estonian Christian
Association (Sarv & Kaasik, 1999).
       In addition to that in the shelters of the other confessions work with people
belonging to criminogenous risk group about twenty workers. In addition to Tallinn
City Mission and the projects of Tallinn for organizing staying overnight for street
children and homeless people, the Day Centre of Estonian Society for
Rehabilitation of Addicts and children home and day care centre in Bethel Church.
       The necessity of compiling crime prevention program has been stressed to
Tallinn several times, for the crime in Tallinn made up 51 % of registered crime;
Ida-Virumaa and Narva together give 11, 6 %. The number of offences against the
person in the state on the whole has reduced, but grown in Tallinn 10, 8 %. The
number of manslaughter in Tallinn rose 44 % that means more 22 murders
compared to the previous year. During both years concerned has notably grown also
the number of unconcealed thefts: 16, 8 % (32, 8 %). The security in the streets
decreased even more, for in the streets of Estonia were committed 24 % more
crimes than in the year before. Of course concerns it mainly Tallinn and Ida-
Virumaa again. The situation with the permanent and Estonian population in Ida-
Virumaa is not that bad. But when in 1997 in Tallinn the crime rate was 503 crimes
per 10 000 citizens, the same numbers were in 253 in Narva, in Ida Viru on the
whole 252 and in Lääne-Virumaa 179. We should mention, that the average crime
rate of the state was 280 crimes per 10 000 citizens.
         During last year crime rate in Tallinn has grown to 562, 2 % per 10 000
citizens. There were 290 missing persons. I don’t know who works with the
families of missing persons and victims of offence. Maybe the church also has a
possibility to prove needful. 90, 5 % of those who have committed crimes and have
been identified are men. The percentage of women has grown notably; besides, in
Tallinn and especially in Nõmme, that one would have expected least. The
percentage of minors of the detected was 17, 8 % and 23 % of them had committed
crimes before as well. Every fourth rapist and every fourteenth killer was under-
aged. How many do these early grownup and young dieing people have descendants
and victims? How solves their mutual proportion and who inherits the Earth, is
difficult to prognose.

Estonia         314, 4 crimes per 10 000 citizens
Latvia          147, 9 crimes per 10 000 citizens
Lithuania       210, 9 crimes per 10 000 citizens

         According to the data of the poll in 1998 every seventh citizen has suffered
through crime and 57 % of the questioned fears falling victim to crime. The number
of drug crimes has grown about one third. 1 595 traffic accidents took place. Crime
has extended to abroad. Last year in Finland only were apprehended 58 Estonians
suspected in drug crimes. Estonians do their time in Denmark, Norway, Finland,
Sweden, USA, Thailand and other countries. The Criminal Work Centre could
mediate here the contacts and aid of the families.
       The problem of economic crimes and its prevention becomes actual. Omit
survey of the movement of big cash-flows and usage of state assets. As keywords I
note here forest theft, tax evasion and money laundering. They claim the sums of
money moving in illegal forest business are bigger than in drug trafficking.
       Like in the report to Episcopal Council I finish here my sad account stating,
that the number of abortions surpasses the number of births and it is prognosed that
by 2050 there will be only 950 000 inhabitants in Estonia. The birth rate of
Russians is higher than that of Estonians. In what language will people here sing
chorals then and will anybody sing here at all, that is the question.
       All the data we can use speak clearly about the need for reforms. Even the
state officials do not deny it for some time already. Quite often they make a
problem of whether to reform the administration of justice, penal system or penal
policy. Estonia is no exception here.
       Actually we need to reform them altogether. We could but discuss what we
have to do for that. No matter, do we speak about human being, justice system or
society, it is obvious, that the components of the whole are associated to each other
and influence each other. Biblical holistic approach to human being holds for the
human society as well. The penal system inherited to the Estonian republic is dead
and rotten. There is no need to paint the nails of the dead one, it is important to
attend the living soul. First of all one has to find it. There is no use to think that
Euro-prison would solve any problems of crime; it will not. Punishment in itself
will not solve anything at all. It is necessary to deal with the reasons of crime. There
is no use in hardening the punishments: it is necessary to think about the victims of
crime and compensating the damages of crime, and thus create a flexible system of
alternatives for crime. Stress should be pointed from reactive and punishing
activities to preventive and compensative ones. The Council of Crime Prevention
considered it the state program of victim support very important already on 12 th of
June 1997, but until now it is not implemented.
       It is time to recognize – the crisis of criminal law is the ultimate aspect of
social crisis. We have to deal with social crisis: growing homelessness, poverty and
unemployment. When economic-political methods prove to be unsuccessful in
solving the problems of unemployment, we have to use community placements.
Welfare of homeless and criminogenous people is a humane and rational solution of
lumpen crime. There must be created the possibilities of law-abiding spending of
one’s spare time: it helps to find psychic and social balance and to withdraw from
self-destructive and other damaging activities. As very serious offences are
committed already by the primary school children, of whom many (possible 15 000)
of course don’t attend to school at all, it is necessary to elaborate and implement at
once the program of early intervention for saving the children at risk at once.
       For seeing not that the discussed subject is connected with moral, one must
be blind or a liar. If the state thinks that it is possible to change the moral without
the church or school, we deal with stupidity. On certain level stupidity turns into
evil and that in its turn into crime. Therefore it is important to invest purposely and
continuously into the school and church and to value nationally the activities of the
named institutions. It is not the interest of the church and the school it is the interest
of the society. The duty of the state is to guarantee the providing of public interests.
       As the church our duty is to reform our understanding of the Estonian
Evangelical Lutheran Church and our mission. When during the occupation period
the number of Estonians in the population reduced from the 88 % before the war to
the current 63 % then it is a very considerable change. The other important change
that not all the colleagues have discovered is the fact that actually belong to the
church less than 60 000. That is a lot and a few at the same time. Yet our church is
not a big people’s church any more, we may become people’s church if we make
the right decisions and ask for blessing for them. The most important of these
decisions were to develop into an integrator preventing the conflicts of the Estonian
society. The other at least as important decision would be drawing attention to the
problems of non-Estonians. Criminal work has taught me that you might not like
the partner or ward, yet you just have to love and help him/her. That is the most
important from the point of view of the responsibility of a Christian, of crime
prevention and any kind of conflict prevention.

Criminal work as any other activities is practical to approach as a process. That
process might be defined differently: from the point of view of target group, form or
other factors. I do it here proceeding from the subject, object and goals. It is
important to stress, that changing the angle of vision we might get another picture:
the visual angle here is insistently orientated on building up a whole and it is the
standpoint of the leader criminal work of the Estonian Evangelical Lutheran Church
member who is also a member of Estonian Council of Churches criminal prevention
working party. EELC lacks the need and wish to differ from or contrast to the
whole of churchly criminal work, EELC has rather the honorable chance by serving
and supporting to direct into whole the good that the confessions possess. The
visual angle of the Estonian Christian Pentecost Church prison service or Samarian
Mission is most probably different.
       Church criminal work proceeds from the church, its members and
organizations, developing and healing process containing the whole society to
prevent and minimize crime and the damages and harm of it.
       Church criminal work sees itself as an initiator and part of general church
community work that acts and develops in accordance with the aims and socio-
political mission of the Estonian Evangelical Lutheran Church. Community work is
the mental and social healing process that could be called social work in the widest
       The goal and task of EELC is proclaiming God’s Word and giving
sacraments and hence developing live faith and love of the congregations, doing
religious, moral, educational and pedagogical work, organizing diaconal, mission
and Diaspora work and leading, homogenizing, supporting and supervising the
work of separate congregations and their officials.
       The basis of the doctrine of EELC is Old and New Testament, Nicaea
confession of faith, Apostolic confession of faith and Athanasius creed, unchanged
Augsburg confession of faith and other creeds that are gathered into Liber
       According to the work organization act of EELC Consistory the consistory
has six fields of work: inner life; economy; foreign relations; training and culture;
children and youth work; diaconal and mission work. As we can not yet find
community work here, then community work in the form of criminal work as
common field of diaconal and mission work is the administrative field of the
corresponding assessor.
       Diaconie and mission assessor coordinates the activities in the field of EELC
mission and Christian mercy work, helping materially the destitute and pastoral
care, also pastoral care and spiritual and welfare services for legal and social
deviants in close cooperation with EELC Diaconical Association, EELC Diaconical
Centre, EELC Criminal Work Centre, EELC Mission Centre, Estonian Seamen’s
Mission, Estonian Christian Railroader’s Association, EELC Centre of Pastoral
Care to Hospitals and the leaders of the other corresponding organizations.
       Program council discusses and accepts annual activity plan. We need a
seven-year plan at least that would be adjusted and improved every year; also a
social commission to regulate social strategies and relations.
       Objective of the Centre of Pastoral Care of Offender specified in the articles
of association is pastoral and welfare services for (§ 1). Among the objects belong
also prevention of legal and social deviations (§ 2.3). In the articles of association
are also shown the need to solve non-spiritual problems and development of the
personnel of the institutions working with the target group. As we can see, the field
of activity for 1991 is determined quite narrowly.
       While establishing the Mission Centre in 1996 the need for community work
has been viewed more clearly. The delegates of the Centre of Pastoral Care of
Offender made in the first mission conference (1996) several proposals determining
community work. The application about establishing the mission and community
work centre was principled as well. After long debates in the statutes of Mission
Centre remained of these proposals clause 1.6 – Mission Centre helps to solve
social problems on the basis of Christian faith and clause 1.14 – in social work it
develops cooperation with the corresponding state agencies. From here we should
now go further to programmatic building up and reformation of the whole social
work. The model presented in the current diploma thesis could be a sketch for
beginning with these activities.
       The transient overview of criminal law and criminology designed in
introduction shows that in connection with criminalized acts (provided by law as
criminal offence), in reacting to these acts or preventing them, the state uses the
prefix criminal. Criminal law, criminal court, criminal surveillance, criminal
prevention (yet in case of it the principle of criminalization is not followed that
strictly and the activity widens to prevention of offences). There appear variations
by regions. The kind of literal approach would, of course, ease the systematization,
but on the other hand it would leave out of observation part of current criminal
work practice. Widening of the terms of criminal work in the church practice
proceeds from three conditions:

    1. Weakness of churchly social work, not saying the absence of it.
    2. Subjectivity of criminalization. Not always and everywhere can the same
        kind of acts be criminalized.
    3. Practical needs in the society.

    Therefore the church criminal work in Estonia identifies itself primarily
through the task and that is prevention and minimizing of the damage and harm
caused to people by people. In the definition crime is understood more widely than
in Criminal Code and not as a criminalized act but as a destructive conflict caused
in human relations and personalities. We could speak also about the disturbance of
relations and personalities due to violence, it has also been called breaking the
shalom (Zher; Van Ness; Townsed etc). Hence not through the precondition of
declaring the act evil (criminalization), but rather through the predictable
consequence (harm and damages). I consider worth pointing out the opinion
according to what every crime is a form of human violence. Here we can see some
discrepancy with legal terminology that usually does not handle that aspect.
       The subject of church criminal work is the Church through its members and
their organizations. Usage of the concept Christian criminal work is disputable and
leads us to an old question, if Christian could be separate from the church. Radical
standpoint is that the values, attitudes and principles can be Christian as originating
from the Christ, and there do not exist anything Christian that does not come of the
Christ. If the church is the flesh of Christ then Christian and churchly are
synonyms. At the same time the Flesh of Christ is sick and crushed, and they could
also proceed from the Spirit. I proceed here from the unity of the Trinity and of the
principles, which have been presented in the 2nd and 3rd part of the Porvoo
Declaration, especially the clauses concerning communion and unity; the examples
here could be points 21 and 22: Holy Scripture describes the unity of the Church as
joyful fellowship with the Father and His Son Jesus Christ (1 John 1:1-10), also as
the fellowship with all its members. Jesus prays that the disciples could become one
like Father is in him and he is in Father, that the world could believe (John 17:21).
As the unity of the church relies on the mysterious relations of the persons of
Trinity, that unity inevitably belongs into the essence of the church as well. About
the unity of the Flesh of Christ it is spoken in connection with the existence of “one
body and one Spirit … (to one hope) …, one Lord, one faith, one baptism; one God
and Father of all” (Eph 4; 4-6). The fellowship of the Christians and the church
should not be viewed as the effort of people. It has been in the Christ already as the
gift offered us, and “like a good gift the fellowship comes also from the Father
through the Son in Holy Spirit”. “In the light of that, separation seems an abnormal
situation. Despite our sins and schisms the unity we have been called to has begun
to express itself in the church already. It demands a more complete visible
structured form, so that it would be obvious through the Holy Spirit, that the church
is the Flesh of Christ and the mark of the kingdom of God, the means and the
foretaste. In that perspective all the existing confessional traditions are but
temporary” (EELC Consistory. Tallinn, 1996). That fellowship-belief and feeling
has effectuated the whole criminal and social work.
       EELC criminal work performs practically through the criminal work of the
member churches of Estonian Council of Churches (ECC) and cooperating
confessions and organizations, implicating thus the criminal work of the other
confessions and their organizations. Let us agree here with reservations, to the
condition, that certain values, attitudes and principles may be characterized through
the term Christian and there will be no discussions about their separativity.
Therefore in Estonian context we use the notion Church criminal work speaking
about the activities of EELC or ECC or the activities supported by them, not
excluding usage of the notion Christian for example when thinking of Quakers.
       The other important agreement is that criminal work of the Estonian church
differs radically from the criminal work that holds first of all his task in welfare of
fellow Christians who are in prison or fellow Christians who have fallen victim to
crime. It is understandable if thus defined is the criminal work of Finns or Germans
(yet the political changes that brought along the reunion of Germany will make
correctives by Germans too), where most of the population are the members of the
church. The situation in Estonia is quite different (chapter About the Situation in
Estonia) and hence in the target groups belong mostly non-Christians. But the
research of Harri Heino showed the hope and trust in church of these unbelievers
(Heino, 1994).
         Speaking about the object of the criminal work of Christian Church I have
been asked, if the church deals with the crime. The church deals with the people and
relations damaged through the crime and with environments as well. Working with
the environments might be aimed at healing the environment for general preventive
purposes or at creating special environments for special prevention. In the function
of personal pastoral care of criminal work on the social level is possible to
reconstruct the chain of events and reasons, but not for the act or punishment, but
for the person. The church has always been engaged in thinking, and is also
engaged in thinking in its criminal work; the church is dealing with cognitive
distortions and fantasies that hinder repentance and penitence or create sickly, non-
objective feeling of guilt refusing grace.
       Using the terms of general and personal pastoral care and analogy with
public health concept and criminal-preventive models, we can speak of general
criminal work aimed at the whole society and about the secondary and tertiary
criminal work aimed at risk groups and individuals; about its structure, dynamics
and tendencies, methods and forms, capacity and efficiency.

The Basis

Holy Script. Confessions. The statutes and programmatic documents. The
documents concerning human rights. The documents important from the position of
EELC: Porvoo Declaration and Socio-Political Mission of the Church and the
contracts concluded with cooperative partners.

The Objects

The main object is man’s reconciliation with God, himself, fellowmen and society.
In that reconciliation restores the lost fellowship that we witness as the object of the
church in general (Eph 1; 2 Kr 5). I have always understood that lost fellowship,
both in my activities as well as in the current writing, through the ideas of shalom
and the health of relations.

Intermediate targets phrased actively are:
      Healing of the society and its spirit, cooperation of confessions and
       developing social health. Development of the church criminal and social
      Prevention and minimizing of the damages (harm and sufferings) related to
       crimes and destructive violence.
      Defending the rights and needs of the people damaged in legal protection
       system and by that system and aid for them.
      Spiritual, social and psychological rehabilitation.

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