Estonia's criminal code includes an incitement to violence provision. The Ministry of Justice is responsible for collecting hate crime data. Data on hate crime are regularly published as part of the ministry's annual report on crime in Estonia.
A non-binding instruction for police and prosecutors on hate crime investigations was issued by the Ministry of Justice.
In its report, the Working Group on the Universal Periodic Review (UPR) of Estonia recommended the strengthening of hate crime provisions to make sure that bias motivation is considered an aggravating factor in any crime.
In its report, the Working Group on the Universal Periodic Review (UPR) of Estonia recommended that sexual orientation and gender identity be treated as aggravating circumstances in crimes.
ODIHR observes that Estonia has not reported to ODIHR the numbers of prosecuted hate crime cases and information on sentenced hate crime cases.