Draft Law Amending the Penal Code (490 SE) – First Reading
Session: 15th Estonian Parliament, 4th session, plenary session
Date: 2024-11-14 12:14
Participating Politicians:
Total Speeches: 21
Membership: 15
Agenda Duration: 40m
AI Summaries: 21/21 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The second agenda item concerns the draft Act amending the Penal Code, initiated by Member of the Riigikogu Kalle Grünthal, and its first reading procedure. The aim of the draft is to declare paragraph 1511 invalid, which deals with supporting and justifying international crimes, and to prohibit the public display of symbols associated with acts of genocide, crimes against humanity, war crimes, or acts of aggression, in such a manner. The presenter was Grünthal, and his presentation focused on why the provision being discussed in the session needs to be amended, because the police have been applying the norm maliciously and incorrectly. He highlighted three cases: the action that took place in Tallinn involving Jaak Valge and Andres Aule; the events that occurred at the Blue Mountains memorial event; and the operation to confiscate the Lihula pillar. He also noted that the use of the norm has affected the state’s reputation and may lead to the humiliation of national sentiments. Representatives and participants from the Reino group pointed out that the draft establishes restrictions whose application has been both complicated and difficult, and that previous cases have generated debate about legality and proportionality. In conclusion, the discussions reached the finding that the draft cannot be accepted and that there is no desire to move forward in its current form.
Decisions Made 1
Bill 490 is rejected on its first reading. The bill is dropped from consideration, with 39 votes in favor, 2 against, and 0 abstentions.
Most Active Speaker
Most active representative: Andre Hanimägi, Chairman of the Legal Affairs Committee (position: other).
Aseesimees Arvo Aller
AI Summary
This agenda item concerns the first reading of the Penal Code amendment bill No. 490 initiated by Riigikogu member Kalle Grünthal.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal submitted to the Riigikogu a bill seeking to declare §1511 invalid, because the police have repeatedly abused this provision, which is illustrated by Jaak Valge and Andres Aule in Tallinn, the memorial event for the battles of the Sinimäed Hills, and the confiscation of the Lihula column, and he believes that such a practice wounds national feelings and threatens Estonia's rule of law.
Aseesimees Arvo Aller
AI Summary
The presenter is thanked, and Andre Hanimägi is invited to ask a question.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
The speaker, Andre Hanimägi, said that criticism of nationalism does not mean that those who do not support it are not pro-Estonian, reminded of the link between § 1511 of the law and Russia's aggression against Ukraine, and asked what would happen if that provision disappeared and how, in such a case, the issue of symbols associated with the Z sign and the hammer and sickle would be resolved.
Aseesimees Arvo Aller
AI Summary
The speech urges the listeners to take action, for now is their time.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
In the paragraph, Andre Hanimägi poses a question about the nature of the fight against all sorts of other stars.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal scolds Andre Hanimägi's question as a question of nationalism, emphasizes that symbolism and public display of war crimes in a way that justifies them is legally clear, and that a question that would demean the memory of the soldiers who defended the Sinimäed Hills is shameful.
Aseesimees Arvo Aller
AI Summary
This is vice-chairman Arvo Alleri's appeal to Lauri Laats: "Lauri Laats, please!"
Lauri Laats
Profiling Eesti Keskerakonna fraktsioonAI Summary
Lauri Laats emphasizes the bill's aim to put an end to the abuse of the norm by security forces and asks what the reasons for this abuse are.
Aseesimees Arvo Aller
AI Summary
The speech's message is clear: now is your time to act.
Lauri Laats
Profiling Eesti Keskerakonna fraktsioonAI Summary
Lauri Laats discusses how to actually apply the norm and whether it is a matter of oversight.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal contends that this norm is being abused, because police conduct and investigative actions do not conform to the principles of criminal law, and there is no such norm in the Penal Code, which makes the proceedings more of a source of tension than a defender of rights.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Andre Hanimägi pointed out that the interpretation of the norm and its application raise doubts, and asked whether the problem lies in the wording of the norm or in police practice, and whether the aforementioned cases fall within the scope of this norm.
Aseesimees Arvo Aller
AI Summary
Arvo Aller addresses Andre Hanimägi and asks him to take the floor.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal emphasizes that the norm must reflect both the display of symbolism and the manner in which actions are supported or justified; the police have left out the most important component, which can lead to absurdly dangerous accusations, and he stresses the need to adhere to the principles of the rule of law, rather than acting merely because of equipment.
Aseesimees Arvo Aller
AI Summary
Vice Chairman Arvo Aller said that there are no more questions.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal expresses surprise at how little there was.
Aseesimees Arvo Aller
AI Summary
Vilja Toomast, a member of the Legal Committee, gives an overview of the discussion that took place in the Steering Committee.
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioonAI Summary
Vilja Toomast said that the government did not support the adoption of the draft amendment to the Penal Code, and the discussion focused mainly on its implementation and on the issue of police disciplinary violations, and the commission unanimously adopted three proposals: to put the draft on the agenda for November 14, to reject the draft, and to appoint Vilja Toomast as the representative in the lead committee.
Aseesimees Arvo Aller
AI Summary
They announced that the negotiations have ended and submitted a proposal to shelve Bill 490 at its first reading, beginning preparations for a vote.
Aseesimees Arvo Aller
AI Summary
The Riigikogu decided that Bill 490 has been rejected and is no longer under consideration; 39 members supported it, 2 were against and there were no abstentions, and the session ended.