Second Reading of the Draft Act on the Amendment of the Penal Code and Related Acts (Increase of the Fine Unit) (Bill 415 SE)

Session: 15th Riigikogu, 3rd session, plenary sitting

Date: 2024-06-06 06:11

Total Speeches: 53

Membership: 15

Agenda Duration: 1h 9m

AI Summaries: 53/53 Speeches (100.0%)

Analysis: Structured Analysis

Politicians Speaking Time

Politicians

Analysis

Summary

The Board discussed the second reading of Draft Bill 415, initiated by the Government of the Republic, concerning the amendment of the Penal Code and related amendments to other acts (increase of the fine unit). The rapporteur presenting the matter was Vilja Toomast, a member of the Legal Affairs Committee of the Riigikogu. The Committee reviewed four opinions and discussed four amendments proposed by the Center Party faction; the Committee itself made one amendment, and following deliberations, it was stated whether or not the draft bill would be merged with the proposed amendments to other acts. The general objective of the discussion was to assess the size and criteria of the fine unit, and whether or not additional amendments and restrictions are necessary.

Decisions Made 3
Collective Decision

Proposal to include the draft bill on the plenary session agenda for June 5, 2024; the management board decided to approve this plan and move forward with it.

Collective Decision

The second decision is to conclude the debate during the second reading and advance the draft bill to the plenary session agenda for the final vote (the final vote is scheduled for June 12, 2024).

Collective Decision

Thirdly, it is resolved that when the second reading is concluded, the proceedings shall continue on the plenary agenda, and the final vote shall take precedence.

Most Active Speaker
Vilja Toomast
Vilja Toomast

Eesti Reformierakonna fraktsioon

Vilja Toomast – Member of the Riigikogu Legal Affairs Committee; Representative of the Centre Party faction. The most active speaker and leading interlocutor, classified under the criterion of "other" political position (is neither directly left-wing nor right-wing).

Aseesimees Toomas Kivimägi
06:11:00
AI Summary

In the course of the fourth agenda item, the second reading of the draft act on amendments to the Penal Code and related acts, initiated by the government, will be considered. The report will be presented by Vilja Toomast, a member of the Riigikogu Legal Affairs Committee.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:11:19
AI Summary

The Legal Affairs Committee debated Bill 415 concerning amendments to the Penal Code, rejecting three of the four amendments submitted by the Center Party faction while adopting one committee proposal. The committee subsequently resolved to conclude the second reading and forward the bill to the plenary session for a final vote on June 12. During the plenary vote, the Center Party proposals failed, receiving 2 votes in favor and 5 against, while the committee's proposal passed with 6 votes in favor. Additionally, the Board moved the agenda from June 4th to June 5th.

Aseesimees Toomas Kivimägi
06:19:07
AI Summary

Deputy Chairman Toomas Kivimägi expressed his thanks and stated that there were a few questions, inviting Anastassia Kovalenko-Kõlvart to answer them.

06:19:09
AI Summary

Anastassia Kovalenko-Kõlvart expressed regret that the Center Party faction failed to support any of her proposed amendments. She offered a compromise concerning speeding, but emphasized that the increase in influence, warning, and parking fines is disproportionate. She further noted that an 80-euro parking fine and a 160-euro influence fine are onerous, as the underlying analysis focuses solely on state budget revenues rather than on people's capacity to afford these payments.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:20:17
AI Summary

The matter was discussed in the committee, and the ministry representative highlighted the principle that if the law is passed, those who cannot afford to pay the fine all at once will be able to pay it in installments.

Aseesimees Toomas Kivimägi
06:20:46
AI Summary

This is a short prayer directed to Aleksei Yevgrafov.

Aleksei Jevgrafov
Aleksei Jevgrafov
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
06:20:47
AI Summary

It is regrettable to note that the opposition's sound and reasonable proposals were simply discarded, and specific questions are being raised regarding the doubling of the fine for fare evasion on public transport, asking how many fines were collected last year, what the plans are for the coming year, and what the actual purpose of this regulation is.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:21:39
AI Summary

Vilja Toomast stated that she does not intend to disclose her future plans, and although the precise figures for fines related to riding without a ticket have not been presented, these fines go into the local municipality's budget, and it is unclear who collects them in various cities. Furthermore, the objective is not merely to collect money, but rather to make people's behavior more law-abiding.

Aseesimees Toomas Kivimägi
06:23:01
AI Summary

Deputy Speaker Toomas Kivimägi called upon Lauri Laats to speak.

Lauri Laats
Lauri Laats
Profiling Eesti Keskerakonna fraktsioon
06:23:03
AI Summary

Lauri Laats criticizes the Reform Party's policy, where prices and fines are rising and the Tax Board's oversight is insufficient, and points out that linking traffic fines to income is not suitable for Estonia and may cause people to hide their income.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:24:12
AI Summary

Vilja Toomast stated that she did not claim anything categorically and merely provided an explanation as to why it had not been included in the draft bill—namely, because there is insufficient analysis and the Ministry of Justice is continuing to work on the matter. The explanatory memorandum details the number of various warnings, short procedures, expedited procedures, and general procedures, along with the total sum of fines collected from them, but the precise figures for fines related to riding without a ticket were not included.

Aseesimees Toomas Kivimägi
06:25:10
AI Summary

Deputy Speaker Toomas Kivimägi invited Aleksei Yevgrafov to speak.

Aleksei Jevgrafov
Aleksei Jevgrafov
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
06:25:12
AI Summary

Aleksei Yevgrafov asks whether the ministry presented justifications for raising the fine for traveling without a ticket on public transport and whether an analysis has been conducted, as well as why the draft bill stipulates increasing the fine from 80 euros to 160 euros for driving a vehicle that does not comply with technical requirements, and who controls this and how.

Aseesimees Toomas Kivimägi
06:26:13
AI Summary

Deputy Chairman Toomas Kivimägi's speech was nothing more than a word of thanks.

Aleksei Jevgrafov
Aleksei Jevgrafov
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
06:26:15
AI Summary

According to Aleksei Jevgrafov, we lack both the technical and financial resources required to inspect every single car.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:26:19
AI Summary

Vilja Toomast explains that the police check compliance with traffic regulations and the completion of technical inspections using the same mechanism as they use for other inspections. And although spot checks are performed, all fines—including warning fines, parking fines, and fines for riding without a ticket—have been uniformly doubled due to the rationale employed by the government and the Ministry of Justice.

Aseesimees Toomas Kivimägi
06:27:56
AI Summary

Deputy Chairman Toomas Kivimägi called Anastassia Kovalenko-Kõlvart to the stage.

06:27:57
AI Summary

Anastassia Kovalenko-Kõlvart believes that the doubling of fines across the board was carried out without the necessary analyses. She notes that it might become harder for people to pay, leading to a decrease in revenue collection, and suggests that a situation could arise where people end up in detention cells. She is asking for an explanation of what the Legal Affairs Committee had in mind at the time.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:28:58
AI Summary

He emphasizes that even minor infractions and fines resulting from carelessness are remembered and can ultimately lead people to become more law-abiding, and ignorance of the law does not absolve one of responsibility.

Aseesimees Toomas Kivimägi
06:30:18
AI Summary

Vice-Chairman Toomas Kivimägi invites Lauri Laats to speak.

Lauri Laats
Lauri Laats
Profiling Eesti Keskerakonna fraktsioon
06:30:24
AI Summary

Lauri Laats emphasized that the role of local governments regarding fines is important, and that the bill's raising of fine rates primarily serves to fill the state treasury. He then asked whether the ministry’s plan to increase the fine for riding public transport without a ticket had been consulted with local governments and what their attitude towards the matter was.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:31:29
AI Summary

Vilja Toomast said that the Estonian Association of Cities and Municipalities has submitted proposals, and these have been partially taken into account. And, in short, there is no need to break the law, and consequently, there is no need to pay a fine either.

Aseesimees Toomas Kivimägi
06:32:44
AI Summary

Toomas Kivimägi addressed Vadim Belobrovtsev and asked him to come forward.

Vadim Belobrovtsev
Vadim Belobrovtsev
Profiling Eesti Keskerakonna fraktsioon
06:32:45
AI Summary

Belobrovtsev asks what the main objective of the bill is, why it was submitted to the committee, and why it has now been taken up for discussion in the chamber—whether the goal is for the state to obtain additional funds and plug the budget hole, or something else.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:33:30
AI Summary

The primary goal of this draft law is, naturally, to increase people's compliance with the law, and if that results in additional revenue for the state budget, it is ultimately no harm done.

Aseesimees Toomas Kivimägi
06:33:49
AI Summary

Toomas Kivimägi concluded his speech with words of thanks and announced that there were no further questions.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:33:50
AI Summary

He expresses thanks.

Aseesimees Toomas Kivimägi
06:33:53
AI Summary

Deputy Speaker Toomas Kivimägi opens the debate and grants Anastassia Kovalenko-Kõlvart the eight minutes of additional time she requested.

06:34:08
AI Summary

Anastassia Kovalenko-Kõlvart is criticizing the government’s plan to double parking fines and hike the rate of all other penalties, noting that the move is inhumane and essentially a tax on the populace for the failure of their economic policy. She proposes a compromise: either keep the fines at their current level or restrict the increases only to speeding violations, emphasizing that penalties should always be a last resort, and the real priority should be ensuring people’s ability to cope financially and improving overall behavior.

Vilja Toomast
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioon
06:42:15
AI Summary

I have not said that people should spend more time in detention; the alternative to a custodial sentence is a monetary fine or some other type of penalty, which law enforcement agencies have also pointed out.

Aseesimees Toomas Kivimägi
06:42:15
AI Summary

Vilja Toomast is asked to deliver an impromptu speech.

Aseesimees Toomas Kivimägi
06:42:52
AI Summary

Toomas Kivimägi concluded the negotiations and proceeded to the review of the amendments, where the first amendment proposal submitted by the Estonian Centre Party faction, along with the position of the lead committee, is to reject it.

Lauri Laats
Lauri Laats
Profiling Eesti Keskerakonna fraktsioon
06:43:02
AI Summary

Lauri Laats thanked the presiding officer and stated that the amendment was highly pertinent. He requested that it be put to a vote, and prior to the vote, asked for a ten-minute recess on behalf of the Centre Party faction.

Aseesimees Toomas Kivimägi
06:43:15
AI Summary

Deputy Speaker Toomas Kivimägi announces a ten-minute recess.

Aseesimees Toomas Kivimägi
06:53:27
AI Summary

Toomas Kivimägi submitted Amendment Proposal No. 1 on behalf of the Estonian Centre Party Faction, and the leading committee recommends that it be disregarded; he requested that a position be taken and a vote be held.

Aseesimees Toomas Kivimägi
06:53:41
AI Summary

The proposal failed to gain support (4 in favour, 32 against, 0 abstentions); Amendment Proposal No. 2 was submitted by the Estonian Centre Party Faction, and the lead committee recommends that it not be taken into account.

Lauri Laats
Lauri Laats
Profiling Eesti Keskerakonna fraktsioon
06:54:16
AI Summary

Lauri Laats stresses the importance of Amendment No. 2 and requests a three-minute recess before the vote, even though his desk mate, Andrei Korobeinik, would prefer at least five minutes.

Aseesimees Toomas Kivimägi
06:54:45
AI Summary

Deputy Chairman Toomas Kivimägi said that he appreciates the audience and is pleased that they currently do not have a seatmate next to them, and he announces a three-minute recess.

Aseesimees Toomas Kivimägi
06:57:56
AI Summary

Toomas Kivimägi announced that Amendment Proposal No. 2, submitted by the Estonian Centre Party faction, will be put to a vote, and the lead committee's position is to recommend that it be disregarded.

Aseesimees Toomas Kivimägi
06:58:43
AI Summary

The Riigikogu voted 4 in favor, 31 against, and 0 abstentions; the proposal did not find support. Amendment No. 3 was submitted by the Legal Affairs Committee, and the lead committee wishes to fully take it into account, while Amendment No. 4 was submitted by the Estonian Centre Party faction, and the lead committee recommends rejecting it. Lauri Laats, please!

Lauri Laats
Lauri Laats
Profiling Eesti Keskerakonna fraktsioon
06:59:13
AI Summary

Lauri Laats said that he naturally wants to vote on the amendment, and suggested we take a ten-minute break before the vote.

Aseesimees Toomas Kivimägi
06:59:23
AI Summary

The main message of the address is the issue of the loss of compassion, along with a proposal to take a ten-minute break.

Aseesimees Toomas Kivimägi
07:09:35
AI Summary

Toomas Kivimägi announces the end of the recess, puts to a vote amendment proposal No. 4 submitted by the Estonian Centre Party faction, which the responsible committee recommends rejecting, and calls upon his colleagues to state their position and cast their vote.

Aseesimees Toomas Kivimägi
07:10:16
AI Summary

The voting result was 4 in favor, 30 against, and 0 abstentions, thus the proposal failed to gain support; amendment proposal No. 5 was submitted by the Estonian Centre Party faction, and the lead committee recommends rejecting it.

Lauri Laats
Lauri Laats
Profiling Eesti Keskerakonna fraktsioon
07:10:28
AI Summary

Thank you, Chair; we wish to vote on the amendment and urge all colleagues to consider it favorably.

Aseesimees Toomas Kivimägi
07:10:50
AI Summary

Toomas Kivimägi opened the preparations for the vote, presented Amendment Proposal No. 5 from the Estonian Centre Party Faction, and noted that the lead committee intends to reject it, asking his colleagues to take a position and cast their votes.

Aseesimees Toomas Kivimägi
07:11:44
AI Summary

The proposal did not receive support (4 in favor, 30 against, 0 abstentions), and the Board must now vote on the Estonian Centre Party faction's motion to suspend the second reading of Draft Bill 415.

Lauri Laats
Lauri Laats
Profiling Eesti Keskerakonna fraktsioon
07:12:08
AI Summary

The Estonian Centre Party faction requests a seven-minute recess before the vote.

Aseesimees Toomas Kivimägi
07:12:22
AI Summary

This is a brief question asking if you also wish to vote.

Lauri Laats
Lauri Laats
Profiling Eesti Keskerakonna fraktsioon
07:12:24
AI Summary

Of course, we want to vote on it.

Aseesimees Toomas Kivimägi
07:12:27
AI Summary

Deputy Speaker Toomas Kivimägi thanks everyone and declares a seven-minute recess.

Aseesimees Toomas Kivimägi
07:19:36
AI Summary

Deputy Speaker Toomas Kivimägi concluded the recess requested by the parliamentary group and put to a vote the Estonian Centre Party faction's proposal to suspend the second reading of Draft Bill 415, requesting members to state their position and cast their votes.

Aseesimees Toomas Kivimägi
07:20:17
AI Summary

The result of the vote was: 4 in favor, 31 against, 0 abstentions; the proposal failed to gain support and the second reading of Bill 415 is concluded.