Ministry wants to bar those with serious criminal convictions from changing name
The Ministry of the Interior is preparing to amend current law to prevent convicted murderers, rapists, traitors, drug traffickers, and other perpetrators of serious crimes from changing their name.
As of May 2020, there were about 6,000 people with serious criminal convictions registered in Estonia.
The Ministry of the Interior noted in the draft bill's explanatory memorandum: "If people convicted of a serious crime are permitted to change their personal name, they will be able to hide their identity and the crimes they committed."
"After a name change, others may not know that they are dealing with a dangerous criminal, and therefore may not be able to foresee the possible threat," the memorandum went on.
Under current law, anyone, regardless of background, may apply to change their first or second name, or both names. The bill would bar this in the case of individuals who have a valid conviction as listed under paragraph 28 of the Punishment Register Act.
Serious convictions in this understanding include murder, rape and other sex crimes including relating to pedophilia, kidnapping, human trafficking and hostage taking, major drug-related crimes, terrorism and money laundering crimes, and activities detrimental to the national security of the Estonian state.
Under the bill, those convicted of such crimes would be banned from changing their first or last name until their conviction is deleted from the punishment register – which happens after five years for sentences less than five years, and after 10 years for sentences of five-20 years.
The Ministry of Justice and Digital Affairs has also recommended including crimes against property, such as fraud and document forgery, within the name change ban, to hinder convicted fraudsters from re-offending.
The name change restriction would apply only to crimes committed as an adult. Those convicted as minors would still be able to change their name even if convicted. Adults taking a new surname when getting married, or reverting to a previous surname on getting divorced, would also still be able to do so.
The national association of cities and municipalities has noted that additional legal powers would be needed for officials handling name changes, in order to enforce the law if it were to pass.
The interior ministry says that the amendments to the Name Act would enter force at the end of this year.
The amendments would need to pass a Riigikogu vote.
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Editor: Andrew Whyte, Johanna Alvin
Source: "Aktuaalne kaamera"
