Mari‑Liis Sööt: When changing penal policy, we must keep a cool head

A punishment for a crime does not need to be light or harsh — it needs to be effective. Estonia's past success does not mean we can continue with an unchanged penal policy, writes Mari‑Liis Sööt.
A criminal sentence must achieve several goals at once: respond to the wrongdoing, compensate the victim, make the offender understand the consequences of their act, and serve as a warning to others. A survey among Estonian residents shows that all these goals matter. It also revealed that Estonians are not as punitive as media coverage sometimes suggests.
Would crime decrease if punishments were longer? No — longer sentences do not reduce crime. They mostly reflect political choices: what has been criminalized and whether alternatives to prison exist.
Countries with mandatory minimum sentences struggle with overcrowded prisons. The United States is a prime example: minimum‑sentence policies introduced in the 1970s–1980s led to mass incarceration without reducing crime.
In the European Union, Hungary and Poland have the highest imprisonment rates — about 200 prisoners per 100,000 residents — and people in those countries also report relatively high concern about crime.
Estonians worry about crime less than Europeans on average. Two percent of Estonians worry about crime, compared with eight percent of Europeans. Greater fear of crime increases the desire for harsher punishments, but harsher punishments do not reduce crime.
No matter how civilized or well‑run a prison is, it remains a place where people with deeply layered problems are concentrated — problems that isolation does not solve. The longer a person is behind bars, the more likely they are to struggle after release and commit a new crime. Speed of law‑enforcement response and the certainty of punishment are more effective than severity.
Prison is sometimes the only possible punishment, but there are effective alternatives: community service, fines, electronic monitoring, treatment, social programs. Their impact can be measured through recidivism. Those who serve full prison sentences have the highest recidivism — a quarter commit a new crime within two years. Among those released early, recidivism is 16 percent; the overall average is 10 percent.
When Estonia introduced electronic monitoring in 2007, critics feared it would compromise safety. Over time, trust grew — rightly so, as recidivism among monitored offenders is around ten percent.
In summary, judges examine individual cases and impose the most appropriate punishment for the specific act and person. The state, however, must look at the broader picture when making penal‑policy decisions, relying on data and what works. Horrific crimes must not trigger impulsive changes to punishments. This does not mean the state stands idle — penal policy must be adjusted, but thoughtfully.
What brought us here?
Twenty years ago, Estonian politicians defined the goals of criminal policy in the Riigikogu. Major reforms in the late 2000s reduced the use of prison sentences, improved the prison system, and expanded probation.
Data shows these choices were correct. Twenty years ago, Estonia registered twice as many crimes as today: 55,586 crimes in 2005 compared with 28,033 last year.
Law changes, reporting practices and notification behavior all played a role. Criminal‑procedure and penal‑law reforms introduced electronic monitoring, mediation and new procedural types. Estonia's decline in crime mirrored Western Europe's, but Estonia stands out for maintaining a stable low level — perhaps reaching a point below which further decline is difficult.
Homicide numbers are one of the few internationally comparable crime indicators. In countries like France, Spain, Germany, Denmark and the Netherlands, homicide numbers have recently risen or at least not fallen.
Estonia has made a remarkable leap in the opposite direction. Twenty years ago, Estonia saw about 150 homicides per year; last year, 28. Most homicides in Estonia stem from alcohol‑related disputes. Preventing them depends on how well the social system can support those involved.
Juvenile crime has decreased even though the number of 14–17‑year‑olds has grown by 20,000. For a time, Estonia had no juveniles in prison; now there are eight — too many.
Reforms in the juvenile‑justice system prioritized quick intervention, warnings instead of fines, conversations, training specialists, mediation, restitution, social programs and family work. These reduced the number of juveniles punished under criminal law. But society is changing, and criminal policy must adapt and prevent.
What choices must be made now?
Estonia's past success does not mean penal policy can remain unchanged.
Criminal networks increasingly recruit younger people through social media, encrypted messaging apps and gaming platforms, offering money, status or belonging. Preventing radicalization and criminal recruitment must begin before the first offense. Schools, child protection, mental‑health specialists and police need joint work, fast information‑sharing and reliable interventions. Criminal law must remain a last resort, but in cases of violent‑act preparation or clear danger, intervention must be swift and unavoidable.
Europe's internal‑security landscape is changing rapidly. Organized crime moves online, uses AI to expand fraud and cyberattacks, recruits youth digitally, and may act as an extension of hostile states.
Hybrid threats blur the line between crime and state‑directed hostile activity. Critical infrastructure, public services, sensitive data, companies and trust in the state may become targets. The key question is whether the state can detect threats early, uncover crimes quickly and prevent harm.
Estonia's choice is to link criminal policy more closely with security. Cutting fiber‑optic cables is both a crime and a hybrid attack. Damaging critical infrastructure or launching a cyberattack can cause more harm than a typical individual crime. These areas require effective punishments and readiness to quickly seize and confiscate assets.
Digital evidence often lies across multiple countries and private companies, so Estonia must maintain strong technical capability and fast cross‑border cooperation. We must quickly find balance between crime detection and fundamental‑rights protection. Weak investigative capacity leaves people unprotected; unlimited data use undermines trust in the rule of law.
Finally, Estonia must continue expanding measures that combine control and support: electronic monitoring, conditional release with substantive supervision, treatment and addiction programs, restitution, and post‑prison support.
Resources must go where risk and potential harm are greatest — not toward filling prisons with people for whom cheaper and more effective alternatives reduce reoffending better. The measure of future penal policy remains whether people refrain from new crimes, victims receive protection and society is genuinely safer.
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Editor: Kaupo Meiel, Argo Ideon











