Assistant Police Officer Act


Published: 2012-01-01

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Assistant Police Officer Act

Passed 24.11.2010
RT I, 20.12.2010, 1
Entry into force 01.01.2011
Amended by the following legal instruments (show)

Passed
Published
Entry into force

08.12.2011
RT I, 29.12.2011, 1
01.01.2012

Chapter 1 General Provisions 

§ 1.  Scope of application of Act

(1) This Act provides the rights, obligations and area of activity of an assistant police officer with the aim of involving persons in the activity of the police for the protection of public order and for ensuring a safe society.
(2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account of the specifications of this Act.

§ 2.  Assistant police officer

(1) An assistant police officer is a person who, on a voluntary basis, participates in his or her own spare time in the activity of the police on the bases of and pursuant to the procedure provided by law. An assistant police officer is not a member of the police.
(2) For the purposes of this Act, participation in the activity of the police means fulfilment of a duty within the competence of an assistant police officer by an assistant police officer together with a police officer, or fulfilment of the duty provided for in subsection 3(2) of this Act independently on the assignment of the police.
(3) While participating in the activity of the police, an assistant police officer is a representative of state powers whose lawful orders have obligatory force.
(4) An assistant police officer shall follow the principles provided for in the public service code of ethics in the Annex to the Public Service Act.

§ 3.  Competence of assistant police officer

(1) An assistant police officer is competent to assist the police in preventing, ascertaining and countering a threat endangering public order and in eliminating a breach of public order as well as to assist the police in ensuring road safety and exercising traffic supervision.
(2) On the assignment of the police an assistant police officer may independently exercise supervision over the requirements for conduct in a public place and on the assignment of the police independently perform a duty for countering an immediate serious threat endangering public order.

Chapter 2 Applying for Assistant Police Officer  

§ 4.  Requirements set for assistant police officer

(1) An Estonian citizen who has attained 18 years of age, has at least secondary education, is proficient in Estonian at the level of language proficiency prescribed for police officers, and meets the requirements for professional qualification of an assistant police officer may be appointed an assistant police officer.
(2) A judge and a prosecutor may not be appointed an assistant police officer.
(3) The requirements for the professional qualification of an assistant police officer shall be established by the Minister of the Interior by a regulation.

§ 5.  Persons who are accepted as assistant police officer

The following shall be accepted as a candidate for assistant police officer and as an assistant police officer:
1) a person who has active legal capacity;
2) a person who has not been punished for an intentionally committed criminal offence in the first degree;
3) a person who has not been punished for an intentionally committed criminal offence;
4) a person who is not a suspect or accused in criminal proceedings;
5) a person who has not been deprived of the right to be employed as a police officer by a court judgment which has entered into force;
6) a person who is not addicted to alcohol, narcotic drugs or psychotropic substances, or who does not have a mental disorder or a severe personality or behaviour disorder;
7) a person who does not have such a health disorder which prevents him or her from performing the duties of an assistant police officer;
8) a person who, by his or her behaviour, is suitable for performing the duties of an assistant police officer and whose behaviour or way of life does not endanger the safety of himself or herself or that of another person.

§ 6.  Medical examination of assistant police officer and of person wishing to become assistant police officer

(1) An assistant police officer shall, at regular intervals, pass a medical examination and a person wishing to become an assistant police officer shall, before applying for an assistant police officer, pass a prior medical examination during which it is determined that he or she does not have medical disorders specified in clauses 5 6) and 7) of this Act or a physical disability which precludes carrying a firearm in the performance of a duty of an assistant police officer.
(2) A medical examination is arranged and a medical certificate is issued by a family doctor, involving medical specialists.
(3) A medical examination shall be performed at the expense of the assistant police officer and the person wishing to become an assistant police officer.
(4) The requirements and procedure for a medical examination of an assistant police officer and a person wishing to become an assistant police officer, the list of medical disorders which preclude becoming an assistant police officer and of physical disabilities which preclude carrying a firearm in the performance of a duty of an assistant police officer, and the requirements of the content and form of the medical certificate shall be established by the Government of the Republic by a regulation.

§ 7.  Applying for assistant police officer

(1) A person wishing to become an assistant police officer shall present to the Police and Border Guard Board:
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1) a written application in which he or she undertakes to comply with the requirements arising from the Assistant Police Officer Act;
2) a copy of his or her identity document;
3) a copy of a document certifying education;
4) a medical certificate;
5) a form concerning assistant police officer;
6) two photos with the dimensions of 4 × 5 cm;
7) a character reference from his or her employer or educational institution, or a reference from a police officer;
8) a copy of a certificate in proof of proficiency in Estonian if the education has not been acquired in Estonian.
(2) The form concerning assistant police officer requires data which enables the assessment of the person’s suitability for participating in the activity of the police as an assistant police officer. In addition, the form shall set out data concerning the relatives and relatives by marriage (parents, sister, brother, children, spouse) of the person applying for an assistant police officer, and also the given name and surname, personal identification code (in the absence of a personal identification code, date and place of birth) and contact information of a permanent partner. The format of the form concerning assistant police officer shall be established by the Minister of the Interior by a regulation.
(3) For the verification of the data presented in the form, the Director General of the Police and Border Guard Board or an official authorised thereby shall have the right to talk to the person specified in the form to determine the moral character and other personal characteristics of the person wishing to become an assistant police officer and, if necessary and with the consent of the person being questioned, take his or her statement in writing.
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(4) An application shall be reviewed within 30 days as of the receipt thereof. During this time it is verified whether the documents required in subsection (1) of this section have been submitted and whether the person wishing to become an assistant police officer meets the requirements set for an assistant police officer.
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(5) Satisfaction or non-satisfaction of an application shall be decided by the Director General of the Police and Border Guard Board or an official authorised thereby. The decision shall be delivered to the applicant in the manner specified in his or her application.
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(6) In case of satisfaction of an application, the person wishing to become an assistant police officer shall be accepted as a candidate for assistant police officer by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby.
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Chapter 3 Appointment as Assistant Police Officer, Training and Work Organisation of Assistant Police Officer  

§ 8.  Training of assistant police officer and candidate for assistant police officer

(1) A candidate for assistant police officer shall complete first stage training. Basic knowledge and skills necessary for the work of an assistant police officer are acquired in the course of first stage training. First stage training lasts for at least 40 hours and ends with an evaluation. An assistant police officer who has completed first stage training may participate in the activity of the police together with a police officer.
(2) The duty provided for in subsection 3(2) of this Act may be performed independently by an assistant police officer who has completed second stage training. A precondition for second stage training is successful completion of first stage training and participation in the activity of the police to the extent of at least 100 hours. Second stage training lasts for at least 40 hours and knowledge and skills necessary for independently performing a duty are acquired in the course of the training. Second stage training ends with an evaluation.
(3) The requirement provided for in subsections (1) and (2) of this section for the duration of first and second stage training does not extend to a person who has been employed as a police officer or a border guard official, to an employee of a security authority and a person with the qualification of a security guard who has completed the basic training of a security guard. First stage training of the said persons lasts for at least 20 hours and second stage training for at least 10 hours and both end with an evaluation.
(4) For ensuring qualification, an assistant police officer shall complete in-service training and pass an evaluation at least once per calendar year.
(5) An assistant police officer who needs to carry a firearm in the performance of a duty of an assistant police officer shall complete training in firearms in addition to primary training. Training in firearms lasts for at least 40 hours and ends with an evaluation. In the evaluation, an examination on knowledge of weapons and legislation governing the use of weapons and a practical test on handling a weapon shall be passed.
(6) An assistant police officer who needs to carry a firearm in the performance of a duty of an assistant police officer shall, in addition to the in-service training and evaluation specified in subsection (4) of this section, pass a shooting test at least once per calendar year.
(7) The training of a candidate for assistant police officer and of an assistant police officer shall be organised by the Police and Border Guard Board. The training may be carried out by a person holding a permit to that effect, by the Police and Border Guard Board or an institution of professional higher education for public defence.
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(8) The requirements for training of a candidate for assistant police officer and of an assistant police officer and the procedure for passing of evaluations shall be established by the Minister of the Interior by a regulation.

§ 9.  Appointment as assistant police officer

A candidate for assistant police officer who meets the requirements set for an assistant police officer and who has successfully completed primary training shall be appointed as an assistant police officer by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby.
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§ 10.  Awarding assistant police officer competence to independently perform duty

(1) Awarding an assistant police officer who has successfully completed the training provided for in subsection 8(2) of this Act the competence to independently perform the duty specified in subsection 3(2) of this Act shall be decided by the Director General of the Police and Border Guard Board or an official authorised thereby by a decree.
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(2) Upon awarding an assistant police officer the competence to independently perform a duty, the territory where the assistant police officer shall independently perform the duty shall be determined.
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§ 11.  Involvement of non-profit association in activity of the police

(1) On the proposal of the Director General of the Police and Border Guard Board the Minister of the Interior may conclude with a non-profit association a civil law contract (hereinafter law enforcement contract) for organising the activity of an assistant police officer who is participating in the activity of the police and who is competent to independently perform a duty.
(2) A law enforcement contract concluded with a non-profit association together with Annexes thereto shall be published on the website of the Police and Border Guard Board.

§ 12.  Grant, suspension and revocation of right of assistant police officer to carry firearm

(1) An assistant police officer is granted permission to carry a firearm specified in clause 32(3)3) of this Act in the performance of a duty of an assistant police officer by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby if:
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1) the assistant police officer does not have a physical disability which precludes the right to carry a firearm;
2) the assistant police officer has successfully completed the training in firearms specified in subsection 8(5) of this Act.
(2) The right of an assistant police officer to carry a firearm in the performance of a duty of an assistant police officer shall be suspended by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby if:
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1) during a medical examination it is discovered that the assistant police officer has a temporary physical disability which precludes the right to carry a firearm;
2) the assistant police officer fails the shooting test specified in subsection 8(6) of this Act; or
3) use of a firearm by the assistant police officer has caused the death of a person or health damage to a person or proprietary damage or a violation of the requirements for handling a firearm.
(3) The right of an assistant police officer to carry a firearm in the performance of a duty of an assistant police officer shall be suspended until the circumstance which served as the basis for the suspension has ceased to exist or until the lawful use or handling of a firearm has been established.
(4) The right of an assistant police officer to carry a firearm in the performance of the duties of an assistant police officer shall be revoked by a decision of the Director General of the Police and Border Guard Board or an official authorised thereby if:
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1) during a medical examination it is discovered that the assistant police officer has a physical disability which precludes the right to carry a firearm, or
2) the unjustified use of a firearm or a significant violation of the requirements for handling a firearm by the assistant police officer has been established.

§ 13.  Work organisation of assistant police officer

(1) An assistant police officer shall be involved in the activity of the police in the territorial jurisdiction of that prefecture where he or she was approved as an assistant police officer. With the consent of the assistant police officer he or she may be involved in the activity of the police also in another jurisdiction.
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(2) For better organising the activity of assistant police officers, a prefect may form by a decree an assistant police officers unit and establish its work organisation.
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§ 14.  Independent performance of duty of assistant police officer

(1) An assistant police officer may commence the performance of the duty provided for in subsection 3(2) of this Act only on the basis of a written assignment issued by the head of a police authority or a police officer designated thereby.
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(2) An assignment necessary for countering an immediate serious threat may be issued orally by a person specified in subsection (1) of this section or by the police control centre.
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(3) The police shall give to an assistant police officer information necessary for performing a duty, inform the assistant police officer of the procedure for performing the duty and of ways of communication, and caution against possible threats.

§ 15.  Overview of activity of assistant police officers

The Director General of the Police and Border Guard Board shall submit twice per calendar year to the Minister of the Interior an overview of the activity of assistant police officers.

Chapter 4 Measures Implemented by Assistant Police Officer and Direct Coercion  

Division 1 Measures Implemented by Assistant Police Officer 

§ 16.  Implementation of measures in participation in activity of the police

(1) An assistant police officer may implement the measures provided for in sections 18–24 and 26 of this Act if he or she has been involved in the application of the measure on the order of a police officer or if his or her authority for implementing the measure arises from a specific law.
(2) An assistant police officer may implement the measures provided for in sections 18–20, 22, 23, 25 and 26 of this Act if he or she, on the assignment of the police, independently exercises supervision over the requirements for conduct in a public place or performs a duty for countering an immediate serious threat endangering public order.

§ 17.  Documenting application of supervisory measure in independent performance of duty of assistant police officer

(1) Application of a supervisory measure shall be recorded in the minutes on the basis of and pursuant to the procedure provided for in section 18 of the Administrative Procedure Act, taking account of the specifications provided for in this Act. If a measure is recorded in the minutes, the person with regard to whom the measure has been applied shall be given, on his or her demand, a copy of the minutes at the first opportunity.
(2) If direct coercion is used in application of a supervisory measure, the record of the application of the measure shall set out, in addition to the information provided for in the Administrative Procedure Act, the direct coercive measure applied, the assistant police officer who applied the coercive measure, and the person, animal or thing with regard to whom or which the direct coercion has been applied. In application of direct coercion against a crowd, the names of the persons with regard to whom the direct coercion has been applied shall be set out, if possible. The use of direct coercion with regard to a crowd shall be video recorded, if possible, and the recording shall be preserved on the same bases as the record of the application of the measure.
(3) If a weapon or special equipment is used in application of a supervisory measure, it is mandatory to record the measure.

§ 18.  Questioning and requiring of documents

(1) An assistant police officer may stop a person and question him or her if there is reason to believe that the person has information necessary for ascertainment or countering of a threat or for elimination of a disturbance, and ascertainment and countering of that threat or elimination of that disturbance is in the competence of the police.
(2) Questioning shall be recorded in a report if the person questioned requests it or if it is deemed necessary by the police officer. If the police officer deems it necessary, the person questioned may give explanations in writing autographically.
(3) An assistant police officer may require a person to present his or her documents if there is reason to believe that the person has information necessary for ascertainment or countering of a threat or for elimination of a disturbance, and ascertainment and countering of that threat or elimination of that disturbance is in the competence of the police.

§ 19.  Establishment of identity

(1) An assistant police officer may, with the knowledge of the person, establish identity on the basis of a valid identity document, that means ascertain the person’s name and age, examine the document, compare the photograph and other biometric data in the document with the person, and verify the authenticity of the document, or if this is not possible, establish identity in another legal manner if it is necessary for ascertainment or countering of a threat or for elimination of a disturbance.
(2) For the establishment of identity, an assistant police officer shall have the right to stop a person and require him or her to present a document specified in subsection (1) of this section, and to obtain statements and biometric data enabling the establishment of identity.
(3) Upon the establishment of identity, an assistant police officer may require from a person presentation of a document in proof of a special right if pursuant to a legislation the person is required to carry with him or her such a document.

§ 20.  Checking of intoxication by alcohol at site

(1) An assistant police officer may check by means of an indicator device the alcohol content in the breath exhaled by a person. The following may be subjected to the procedure for checking of state of intoxication:
1) a driver of a vehicle or another person if there is reason to suspect that the person has committed an offence, the necessary elements of which include a state of intoxication or exceeding of the prescribed maximum limit of alcohol;
2) a person who exhibits clear signs of a state of intoxication if he or she may pose a threat to himself or herself or others; or
3) a minor who exhibits clear signs of consumption of alcohol.
(2) Before the checking of intoxication by alcohol by means of an indicator device, the person’s following rights shall be explained to him or her:
1) the right to know the reason for and objective of the operation;
2) the right to refuse the checking by means of an indicator device;
3) the right to examine the report of the supervisory measure and to make statements, which shall be recorded, regarding the conditions, course and results of the measure;
4) the right to challenge the reading of the indicator device and to demand establishment of intoxication by alcohol by means of an evidential breathalyser or an analysis of a blood sample;
5) the right to file a challenge with the Police and Border Guard Board or an action with the administrative court.
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(3) An assistant police officer shall immediately hand the person over to the police:
1) if the reading of the indicator device is positive or
2) if the person refuses the checking of intoxication by alcohol by means of an indicator device.

§ 21.  Stopping of vehicle

(1) An assistant police officer may signal a driver of a vehicle or of an off-road vehicle by hand, a traffic baton or a reflector disc pursuant to the procedure provided for in the Traffic Act to stop the vehicle or off-road vehicle (hereinafter vehicle) if it is necessary for countering a threat or eliminating a disturbance or ascertaining a serious threat.
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(2) The assistant police officer stopping a vehicle shall wear a badge and a police safety jacket with the word “ ABIPOLITSEINIK “ (assistant police officer).

§ 22.  Security check

(1) An assistant police officer may check a person or his or her clothing by way of observation or feeling or by means of a technical device in order to ensure that the person does not possess items or substances by which he or she may endanger himself or herself or other persons:
1) if it is necessary for countering an immediate serious threat or
2) if the person may be deprived of liberty pursuant to law.
(2) The security check shall be performed by way of feeling by an assistant police officer of the same sex as the person. If it is necessary for countering an immediate threat, the security check may be performed by an assistant police officer not of the same sex as the person.
(3) Upon the application of a security check, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.

§ 23.  Taking into storage of movable

(1) An assistant police officer shall have the right to take into storage a movable detected in the course of a security check by which a person may endanger himself or herself or another person or the possession of which is prohibited by law for the person.
(2) An assistant police officer shall immediately hand a thing taken into storage over to the police.
(3) An assistant police officer shall immediately issue to the person from whom the thing is taken into storage a copy of the report on the taking into storage of the thing, specifying the given name and surname of the assistant police officer applying the taking into storage, the time of and the reason for the taking into storage and the description of the thing taken into storage.
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(4) For the taking into storage of a movable, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.
(5) It is mandatory to record in a report the measure provided for in this section.

§ 24.  Entry into premises and examination of premises

(1) An assistant police officer may enter without the consent of the possessor a fenced or marked immovable, building, dwelling or room in his or her possession, including open doors and gates or eliminate other obstacles if it is necessary for the ascertainment or countering of a serious threat.
(2) An assistant police officer may without the consent of the possessor examine a fenced or marked immovable, building or room in the possession of the person, including examine a thing therein and open doors and gates or eliminate other obstacles if there is reason to believe that a person who may be deprived of liberty pursuant to law or whose life, health or physical inviolability is in danger due to his or her need of assistance has entered the fenced or marked immovable, building or room.

§ 25.  Precept

(1) In case of a threat or disturbance, an assistant police officer shall have the right to assign by a precept to a person liable for public order an obligation to counter the threat or eliminate the disturbance, and to caution him or her against application of the administrative coercive measures specified in section 713 of the Police and Border Guard Act if the person fails to fulfil the obligation within the term specified in the caution.
(2) If the enforcement of a precept specified in subsection (1) of this section by the means provided for in the Substitutive Enforcement and Penalty Payment Act is impossible or ineffective, and the compliance with the precept can be achieved by direct coercion, direct coercion may be applied to the enforcement of the precept on the bases of and pursuant to the procedure provided by law.

§ 26.  Detention of person

(1) An assistant police officer may detain a person by locking him or her to a room or a vehicle or by restricting in another manner to a significant extent his or her physical liberty if it is unavoidable:
1) for the prevention of the commission of an imminent criminal offence or
2) for the countering of an immediate threat endangering a person’s life or physical inviolability.
(2) An assistant police officer may detain a person in the manner specified in subsection (1) of this section if the person has caused a disturbance in a public place and his or her identity has not been established or direct coercion has been applied for eliminating the disturbance and there is sufficient reason to presume that when the application of direct coercion is ceased, the person will continue to cause a disturbance.
(3) A person detained shall be immediately notified in a language he or she understands and in a clear manner of the reason for his or her detention and of his or her rights, and given the opportunity to notify a person close to him or her of his or her detention. If a person detained is in a state due to which he or she is not able to notify a person close to him or her of his or her detention, an assistant police officer shall immediately notify the police who shall immediately notify a person close to him or her, if possible. If a person detained is a minor or another person with restricted active legal capacity, the police shall notify his or her legal representative of the detention of the person at the first opportunity, if possible. On the demand of the person detained, he or she shall be given an opportunity to notify a representative of the detention.
(4) The following rights of a person detained shall be explained to him or her:
1) the right to know the reason for the detention;
2) the right not be detained for more than 48 hours without the permission of the court;
3) the right to notify a person close to him or her and a representative of the detention;
4) the right to be heard;
5) the right to file a challenge with the Police and Border Guard Board or an action with the administrative court;
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6) the right to examine the detention report and to make statements, which shall be recorded, regarding the conditions, course and results of the measure and the report.
(5) A person detained shall be immediately handed over to the police.
(6) Upon detention, direct coercion may be used insofar as it is unavoidable for the achievement of the objective.
(7) An assistant police officer shall document the detention of a person pursuant to the procedure for documenting the detention of a person established by a regulation of the Minister of the Interior.

Division 2 Direct Coercion  

§ 27.  Direct coercion

(1) Direct coercion shall mean affecting of a natural person (hereinafter person), an animal or a thing by physical force, special equipment or a weapon.
(2) Special equipment is a thing which is intended for physically affecting a person, an animal or a thing and which is not a weapon.

§ 28.  Authority to apply direct coercion

An assistant police officer may use physical force, special equipment or a weapon on the bases of and pursuant to the procedure provided for in sections 29–36 of this Act.

§ 29.  Admissibility of application of direct coercion

(1) An assistant police officer may apply direct coercion only if ensuring the fulfilment of the obligation to counter a threat or eliminate a disturbance imposed on a person by an administrative act is not possible by another administrative coercive measure or is not possible in a timely manner. If by a caution a deadline for complying with an administrative act is determined for a person, direct coercion may be applied if the person fails to comply with the administrative act in a timely manner.
(2) Direct coercion is permitted to be applied without a prior binding administrative act if the issue of the administrative act is not possible due to the urgent need to counter an immediate serious threat or eliminate a disturbance.

§ 30.  Caution against direct coercion

(1) Before the application of direct coercion an assistant police officer shall be required to caution the person with regard to whom or with regard to an animal or thing in the person’s ownership or possession the assistant police officer is planning to apply direct coercion. If possible, the caution shall set out a deadline for complying with the administrative act, enabling the addressee of the administrative act to fulfil the obligation.
(2) If the caution has been prepared in writing, the assistant police officer shall repeat the caution orally before he or she starts to apply direct coercion.
(3) If possible, people shall be cautioned beforehand about the application of direct coercion against a crowd with the consideration that those who wish would have the possibility to retreat voluntarily. In applying direct coercion against a crowd, it is not required to caution people against the use of a technical barrier with regard to them.
(4) Cautioning may be neglected only if cautioning is not possible due to the urgent need to counter an immediate serious threat or eliminate a disturbance. Cautioning against the use of a firearm against a crowd may not be neglected.

§ 31.  Aid to injured person

If by the application of direct coercion a bodily injury is caused to a person, an assistant police officer shall be required to guarantee first aid to the person at the first opportunity and, if necessary, call for emergency medical care.

§ 32.  Weapons and special equipment allowed for assistant police officer

(1) Special equipment allowed for an assistant police officer is handcuffs and binding means issued by the Police and Border Guard Board.
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(2) Weapons allowed for an assistant police officer are a gas weapon, a cut-and-thrust weapon and a firearm issued by the Police and Border Guard Board.
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(3) The following subtypes of gas weapon, cut-and-thrust weapon and firearm are allowed for an assistant police officer:
1) gas weapon – gas spray;
2) cut-and-thrust weapon – truncheon, telescope truncheon;
3) firearm – pistol, revolver.
(4) Special equipment or a weapon specified in subsections (1) through (3) of this section is issued to an assistant police officer only for the duration of the performance of a duty imposed on him or her.
(5) The procedure for issuing and returning special equipment and weapons issued to an assistant police officer and for carrying a weapon shall be established by the Minister of the Interior by a regulation.
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§ 33.  Use of handcuffs and binding means

(1) An assistant police officer may use handcuffs with regard to a person if there is reason to believe that he or she may:
1) attack another person, offer physical resistance to an official of a law enforcement agency or damage a proprietary benefit of great value;
2) escape or he or she may be released unlawfully if he or she has been deprived of liberty pursuant to law; or
3) injure or kill himself or herself.
(2) If use of handcuffs is not possible, an assistant police officer may use a binding means on the bases specified in subsection (1) of this section if this does not jeopardise the person’s life, does not cause him or her bodily injury or constant physical pain. Use of a binding means shall not last for more than one hour at a time.

§ 34.  Use of gas spray, truncheon, telescope truncheon

An assistant police officer may use a gas spray, truncheon or telescope truncheon with regard to a person only to make him or her incapable of attacking, offering resistance or escaping if it is not possible to achieve this objective by another measure of direct coercion, except for a firearm, and if it is also necessary in order to:
1) counter an immediate threat to life or physical inviolability or
2) obstruct the commission of an imminent or already on-going violent criminal offence in the first degree.

§ 35.  Use of firearm

Upon the performance of a duty of an assistant police officer, an assistant police officer may use a firearm only for self-defence; whereas, without exceeding the limits of self-defence.

§ 36.  Notifying of use of firearm

An assistant police officer shall be required to immediately notify the police control centre of use of a firearm upon the performance of a duty of an assistant police officer.
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Chapter 5 Benefits and Guarantees of Assistant Police Officer  

§ 37.  Certificate, special signs and uniform of assistant police officer

(1) An assistant police officer shall be given a certificate and special signs of assistant police officer. The special signs of assistant police officer are a symbol worn on the sleeve, a badge and the word ” ABIPOLITSEINIK ” (assistant police officer). The description of the certificate and special signs shall be established by the Minister of the Interior by a regulation.
(2) Upon the performance of a duty of an assistant police officer, an assistant police officer shall wear a badge and a police safety jacket with the word ” ABIPOLITSEINIK ” (assistant police officer). With the authorisation of the Director General of the Police and Border Guard Board or an official authorised thereby and under exceptional circumstances if it arises from the nature of the duty, a badge and safety jacket need not be worn upon the performance of a duty of an assistant police officer. An assistant police officer shall present to a person on the person’s demand his or her certificate of assistant police officer.
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(3) An assistant police officer may wear a uniform of a police officer with the special signs of assistant police officer.
(4) An assistant police officer shall wear a uniform of a police officer with the special signs of assistant police officer if he or she:
1) is carrying a firearm upon the performance of a duty of an assistant police officer or
2) is independently performing the duty provided for in subsection 3(2) of this Act on the assignment of the police.
(5) An assistant police officer is prohibited from wearing during the performance of a duty of an assistant police officer:
1) a uniform of an official, except for a uniform of a police officer;
2) a uniform of a security guard;
3) clothing with the distinguishing marks of the Defence Forces or the Defence League.
(6) Special signs and a uniform issued to an assistant police officer shall be returned upon release from the status of an assistant police officer.
(7) The procedure for giving and wearing special signs and a uniform issued to an assistant police officer shall be established by the Director General of the Police and Border Guard Board.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

§ 38.  Compensation in case assistant police officer is killed or incapacitated for work in connection with performance of duty of assistant police officer

(1) If an assistant police officer is killed as a result of an accident or use of violence with regard to him or her in connection with the performance of a duty of an assistant police officer, the state shall pay his or her children, parents, widow or widower and other persons who were maintained by him or her pursuant to the Family Law Act a lump-sum compensation in a total amount equal to 120 times the salary rate corresponding to the lowest salary grade of a police officer.
(2) If an assistant police officer is declared permanently incapacitated for work on the basis of the State Pension Insurance Act due to an injury or illness as a result of an accident or use of violence with regard to him or her in connection with the performance of a duty of an assistant police officer, the state shall pay a benefit to him or her. A benefit shall be paid, based on the extent of incapacity for work established by a first expert analysis of permanent incapacity for work carried out by the Social Insurance Board as follows (hereinafter maximum benefit):
1) in case of partial loss of capacity for work – to the extent of 12 times the salary rate corresponding to the lowest salary grade of a police officer;
2) in case of total loss of capacity for work – to the extent of 60 times the salary rate corresponding to the lowest salary grade of a police officer.
(3) The benefit laid down in subsection (2) of this section shall be paid in parts. The amount of a part depends on the period of permanent loss of capacity for work determined in the decision of the first or repeated expert analysis.
(4) The total benefit shall not exceed the maximum benefit corresponding to the extent of the first permanent loss of capacity for work.
(5) If the extent of a person’s loss of capacity for work changes, the further payment of the benefit shall be based on the benefit laid down in subsection (2) of this section corresponding to the permanent loss of capacity for work determined by a repeated expert analysis, taking account of the already paid benefit.
(6) If as a result of a repeated expert analysis a person is entitled to a benefit in a lesser amount than has been paid to him or her, the overpaid sum shall not be reclaimed from the person.
(7) If a person was no longer paid a benefit in connection with decrease in the permanent loss of capacity for work but his or her permanent loss of capacity for work has increased based on the decision of a repeated expert analysis, the period of payment of the benefit together with the period for which the benefit was not paid shall not be in total longer than the period which serves as the basis for the calculation of his or her maximum benefit.
(8) If the period of permanent loss of capacity for work determined by a repeated expert analysis begins in the calendar year following the first expert analysis, the amount which serves as the basis for the calculation of the benefit shall be adjusted by the consumer price index of the year when the loss of capacity for work was first determined. If the period of loss of capacity for work determined by a repeated expert analysis begins later, the amount which serves as the basis for the calculation of the benefit shall be adjusted by the consumer price indexes as of the year when the permanent loss of capacity for work was first determined until the year preceding the last expert analysis.
(9) An assistant police officer who has suffered a bodily injury, which is accompanied by temporary loss of capacity for work, as a result of an accident or use of violence with regard to him or her in connection with the performance of a duty of an assistant police officer shall be paid by the state a lump-sum benefit in the amount of the salary rate corresponding to the lowest salary grade of a police officer.
(10) If an assistant police officer has been injured or become ill as a result of an accident or use of violence with regard to him or her in connection with the performance of a duty of an assistant police officer, his or her medical treatment expenses and costs of medicinal products shall be borne by the state.
(11) The expenses specified in this section shall be covered by the state budget through the budget of the Ministry of the Interior.
(12) The procedure for the calculation and payment of the benefits and expenses provided for in this section and the extent thereof shall be established by the Government of the Republic by a regulation.
(13) The provisions of this section shall not be applied if an assistant police officer, upon becoming injured in connection with an accident or use of violence with regard to him or her in the performance of a duty of an assistant police officer:
1) has committed an offence which is in a cause-and-effect relationship with the accident or use of violence with regard to the assistant police officer;
2) has committed suicide or attempted suicide;
3) has caused bodily harm to himself or herself which is not in a cause-and-effect relationship with the medical condition and does not result from unlawful behaviour of other persons;
4) is intoxicated by alcohol, a narcotic drug or a psychotropic substance.
(14) After the payment of benefit under this section, the state shall have the right of recourse in the amount paid as benefit with regard to the person at fault. In matters of recourse actions the state shall be represented by the Minister of the Interior or a person authorised by him or her.

§ 39.  Compensation for proprietary damage

(1) Direct proprietary damage caused to an assistant police officer or his or her family members due to the performance of a duty of an assistant police officer shall be compensated for by the state. The damages shall be claimed from the person at fault by way of recourse.
(2) The terms and conditions of and the procedure for compensating for proprietary damage shall be established by the Government of the Republic by a regulation.
(3) The provisions of this section shall not be applied if an assistant police officer, upon suffering direct proprietary damage specified in subsection (1) of this section in the performance of a duty of an assistant police officer:
1) has committed an offence which is in a cause-and-effect relationship with suffering the direct proprietary damage;
2) has committed suicide or attempted suicide;
3) has caused bodily harm to himself or herself which is not in a cause-and-effect relationship with the medical condition and did not result from unlawful behaviour of other persons;
4) is intoxicated by alcohol, a narcotic drug or a psychotropic substance.

§ 40.  Compensation for expenses

(1) An assistant police officer’s transport and communication expenses and other expenses prescribed by the Police and Border Guard Board and necessary for him or her to perform a duty shall be compensated by the Police and Border Guard Board.
(2) The Police and Border Guard Board shall have the right to compensate for the expenses of an assistant police officer’s medical examination.
(3) The maximum limit of and the procedure for compensation for expenses specified in subsection (1) of this section shall be established by the Director General of the Police and Border Guard Board by a decree.
(4) In agreement with the Police and Border Guard Board the expenses specified in subsection (1) of this section may be compensated by the local government.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

§ 41.  Incitement of assistant police officer

For outstanding services an assistant police officer may be incited pursuant to the procedure provided for in Division 8 of Chapter 5 of the Police and Border Guard Act.

Chapter 6 Release from Status of Assistant Police Officer  

§ 42.  Release from status of assistant police officer

An assistant police officer shall be released from the status of an assistant police officer by a decision of the Director General of the Police and Border Guard Board or of an official authorised thereby:
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1) on the initiative of the assistant police officer;
2) in case the assistant police officer does not meet the requirements provided for in sections 4 and 5 and in subsection 8(4) of this Act or
3) in connection with behaviour inappropriate for an assistant police officer, including if the assistant police officer violates the requirements for conduct in a public place or behaves otherwise unlawfully.

Chapter 7 Liability  

§ 43.  Illegal use of certificate and special sign of assistant police officer

(1) Illegal use of certificate or special sign of assistant police officer –
is punishable by a fine of up to three hundred fine units or detention.
(2) A court or a body conducting extra-judicial proceedings may apply confiscation of the object which was the direct object of the commission of an offence provided for in this section pursuant to section 83 of the Penal Code.

§ 44.  Proceedings

(1) The misdemeanour provided for in section 43 of this Act is subject to the provisions of the General Part of the Penal Code and the Code of Misdemeanour Procedure.
(2) The body conducting extra-judicial proceedings pertaining to the misdemeanour provided for in section 43 of this Act is the Police and Border Guard Board.
[RT I, 29.12.2011, 1 - entry into force 01.01.2012]

Chapter 8 Implementing Provisions  

§ 45.  Transitional provisions

(1) Persons who have been counted as an assistant police officer before the entry into force of this Act and who wish to continue participation in the activity of the police as an assistant police officer but who do not meet the requirements provided for in section 4 of this Act are obligated to bring their:
1) level of language proficiency into conformity with the requirements of this Act by no later than 1 July 2012;
2) level of education into conformity with the requirements of this Act by no later than 1 July 2014.
(2) Persons who have been counted as an assistant police officer before the entry into force of this Act and who wish to continue participation in the activity of the police as an assistant police officer are obligated to pass a due medical examination and fulfil the requirements for professional qualification by no later than 1 January 2012.
(3) The requirement for training in firearms does not extend to persons who have been counted as an assistant police officer before the entry into force of this Act and who have been granted, before the entry into force of this Act, by a police authority the right to carry a firearm of the police and who wish to continue participation in the activity of the police as an assistant police officer and who need to carry a firearm in the performance of a duty of an assistant police officer if the person passes an examination on knowledge of legislation governing the use of firearms and a practical test on handling a weapon by no later than 1 July 2011.

§ 46.  Amendment of the Defence League Act

[Omitted from this text]

§ 47.  Amendment of the Courts Act

[Omitted from this text]

§ 48.  Amendment of theFiscal Marking of Liquid Fuel Act

[Omitted from this text]

§ 49.  Repeal of the Assistant Police Officer Act

[Omitted from this text].

§ 50.  Entry into force of Act

This Act shall enter into force on 1 January 2011.