First Reading of the Draft Act on Amendments to the Penal Code and the Code of Criminal Procedure (Criminal Jurisdiction and Destruction of Submarine Infrastructure) Bill (656 SE)
Session: The 15th Riigikogu, 6th Session, Plenary Sitting
Date: 2025-10-09 00:31
Participating Politicians:
Total Speeches: 28
Membership: 15
Agenda Duration: 28m
AI Summaries: 28/28 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The Riigikogu held the first reading of Draft Bill 656, initiated by the Government of the Republic, concerning the amendment of the Penal Code and the Code of Criminal Procedure (criminal jurisdiction and the destruction of subsea infrastructure). Minister of Justice and Digital Affairs Liisa-Ly Pakosta introduced the draft bill, which addresses legal gaps resulting from several recent events. The draft bill extends the applicability of Estonian criminal law to offenses committed within the premises of foreign representations (in response to a Supreme Court decision regarding the annulment of a diplomat’s fine) and expands jurisdiction over damage to critical infrastructure located in Estonia’s exclusive economic zone and continental shelf. Penalties for the destruction of subsea infrastructure are significantly increased, providing for up to ten years of imprisonment and fines of up to 4 billion euros for legal persons. Furthermore, the possibility of using surveillance activities is added to § 203 of the Penal Code (damage to property) to investigate acts of vandalism commissioned by the special services of states hostile to Estonia, even if the resulting property damage is not extensive.
During the discussion, questions were raised regarding the recent decision by a Finnish court concerning the destruction of the Estlink 2 cable, where the Finnish court found that it lacked jurisdiction. Minister Pakosta criticized the Finnish court decision, finding that it relied on incorrect provisions of international maritime law, and confirmed that Estonia is considering prosecuting the case, as the economic damage occurred in Estonia. The scope of the Penal Code expansion and the deterrent effect of the 4 billion euro fine were also discussed. The Legal Affairs Committee proposed concluding the first reading.
Decisions Made 4
The leading committee (the Legal Affairs Committee) unanimously proposed adding the draft bill to the agenda on October 8th.
The leading committee made a consensus proposal to conclude the first reading.
The Steering Committee appointed Madis Timpson as the committee's representative.
The first reading of Bill 656 was concluded. The deadline for submitting amendments was set for October 22nd at 5:15 PM.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi introduced to the Riigikogu, as the tenth item on the agenda, the first reading of Draft Act 656, initiated by the Government of the Republic, concerning amendments to the Penal Code and the Code of Criminal Procedure, which addresses criminal jurisdiction and the destruction of underwater infrastructure. Following this, he gave the floor to Liisa-Ly Pakosta, the Minister of Justice and Digital Affairs.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta presented an overview of the draft amendment to the Penal Code. The proposal is motivated by several events, including the damage inflicted upon critical underwater infrastructure (such as Balticconnector and Estlink 2) and the actions of hostile states' special services. The amendment expands the jurisdiction of Estonian criminal law to include foreign representations and the exclusive economic zone, and it establishes substantially harsher, deterrent penalties for infrastructure damage, with fines for legal entities reaching up to 4 billion euros.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta is introducing amendments to the Penal Code, which are necessitated by several recent events, including the Supreme Court’s ruling on the jurisdiction of embassies and attacks by hostile states against critical infrastructure. These changes expand the applicability of Estonian criminal law, permit surveillance measures in cases involving property damage, and establish significantly harsher penalties for damaging underwater infrastructure—up to 10 years imprisonment and a deterrent fine of 4 billion euros—all aimed at ensuring the security of the Estonian people and property as a coastal state.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi concluded his segment, thanked the attendees, and invited Madis Timpson to the podium to begin the Q&A session.
Madis Timpson
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Madis Timpson raised a question concerning the damage inflicted upon the Estlink 2 electric cable by the vessel Eagle S. He specifically referenced the Finnish court's ruling, which declared itself lacking jurisdiction in the matter because the incident took place outside Finland's territorial waters. He requested clarification from the minister as to whether the Estonian government has analyzed this ruling and whether the Estonian Prosecutor's Office intends to initiate proceedings in the case, considering that the Estonian Penal Code might permit jurisdiction since the injured party (Elering) is a legal entity registered in Estonia.
Madis Timpson
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Madis Timpson raises a question regarding the Estlink 2 electricity cable severed by the vessel Eagle S, a case where the Finnish court relinquished jurisdiction. He asks the minister whether Estonia has analyzed the Finnish decision and whether the Estonian Prosecutor's Office should take over the handling of the case, given that the cable partially belongs to Elering, a legal entity registered in Estonia.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta emphasizes that although the Finnish court ruling, which has garnered international attention, has not yet entered into force, she considers it completely incomprehensible because the court relies on provisions of international maritime law (UNCLOS) that apply only on the high seas, disregarding the specific characteristics of the exclusive economic zone and the sovereign rights of states. She therefore believes that if Finland's decision regarding the lack of jurisdiction were to take effect, Estonia, where the actual economic damage occurred, should consider handling the case.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta considers the Finnish court decision regarding the internationally noted case to be utterly incomprehensible, as it relies on Article 97 of the international law of the sea (UNCLOS), which is intended for the high seas, while failing to consider the sovereign rights applicable in the exclusive economic zone. She further believes that if Finnish jurisdiction is not established, Estonia should take over the processing of the case, since the court itself indicated that the economic damage primarily occurred in Estonia.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi gave the floor to Rain Epler, asking him to proceed with his address.
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Rain Epler raises the question regarding the overly broad wording of the amendment to Section 203, Subsection 1 of the Penal Code, which adds "the aim of personal gain" as a basis for criminal liability for causing proprietary damage, even when the amount of damage is not significant (currently 4,000 euros). He cites the example of slashing a political competitor's tire, warning that such a broad mandate could be disproportionate, even if the amendment's purpose is to address specific cases of intimidation.
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Rain Epler expresses concern regarding the proposed amendment to subsection 1 of § 203 of the Penal Code, which adds the criterion "for the purpose of self-gain" to the act of causing proprietary damage. He fears that this wording is too broad and grants excessive discretion within the legal framework, as it renders the magnitude of the damage irrelevant and could potentially encompass acts such as, for instance, slashing a political competitor's tire.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Justice and Digital Affairs Minister Liisa-Ly Pakosta stresses that actions impeding the democratic order and the free expression of the popular will—such as organized vandalism or the sabotage of political rivals—constitute far more serious attacks against the rule of law than common, random vandalism. This is because their moral culpability is substantially higher due to the threat they pose to a free societal order, necessitating a wider debate on appropriate sentencing.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta stresses that while obstructing a competitor's activities—for example, by slashing tires—might appear to be petty vandalism on the surface, it is actually an attack against the democratic social order. This is because it hinders the free expression and realization of the people's will, meaning that the moral culpability of such actions, in the defense of the rule of law, is significantly greater than vandalism based on random fits of anger.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi and Peeter Ernits were called to the rostrum.
Peeter Ernits
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Peeter Ernits cautions against commenting on court decisions that have not yet taken effect, but sharply criticizes the draft legislation being handled, calling it the "pig and cuckoo bill" because it connects Ambassador Clyde Kull's transgression at the Paris embassy with the damage caused to subsea cables by large tankers, urgently demanding the separation of these topics and clearer wording.
Peeter Ernits
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Peeter Ernits warns against commenting on court rulings that have not yet entered into force and sharply criticizes the submitted draft bill, calling it a "pig and cuckoo bill," arguing that it artificially combines two entirely different topics—the case of Ambassador Clyde Kull and violations concerning underwater infrastructure—and demanding a clearer and more straightforward articulation of the draft bill's content and purpose.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta believes that although the social significance and complexity of the topics being addressed (territorial waters, embassies) vary, their consolidation is justified. This is because they are linked by a common legal question concerning the territorial scope of Estonian law. She added that issues concerning state secrets can have fatal consequences.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta stated that although the topics under discussion—concerning the scope of Estonian law both in maritime areas and in embassies—vary in complexity and societal importance, they are legally unified by the question of Estonian jurisdiction. She simultaneously emphasized that matters concerning state secrets can have fatal consequences.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi invited the next speaker, Jüri Jaanson, to the podium.
Jüri Jaanson
Profiling Eesti Reformierakonna fraktsioonAI Summary
Jüri Jaanson is expressing concern regarding the probing of the limits of Estonian legal jurisdiction on the high seas, stemming from a peculiar Finnish court ruling. He is demanding a clear vision from the Ministry of Justice or the government detailing how the state intends to protect its assets located on the seabed, such as communication cables, in the future.
Jüri Jaanson
Profiling Eesti Reformierakonna fraktsioonAI Summary
Jüri Jaanson found the Finnish court's decision peculiar and asked the Ministry of Justice what the government's vision and strategy are for protecting Estonian assets, particularly communication cables, on the seabed, in a situation where the state is probing the limits of its legal jurisdiction on the high seas.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, emphasizes the role of the Ministry of Justice and Digital Affairs in developing legal solutions aimed at deterring acts harmful to Estonia—especially the destruction of submarine cables—through the imposition of strict penalties. She notes that while the Ministry of Justice focuses on criminal deterrence, other ministries are continually enhancing protective measures, acknowledging that the vulnerability of submarine cables has been a persistent international security concern since the 19th century.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta emphasizes the role of the Ministry of Justice and Digital Affairs in introducing legal solutions against the damaging of undersea cables, the primary goal of which is to achieve a deterrent effect through strict penalties. She added that the government is constantly refining protective measures and noted that the vulnerability of cables has been an international issue since the 19th century, when the Paris Convention for the Protection of Submarine Telegraph Cables was concluded.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi concluded the round of questions and announced that the next item on the agenda is the report by Madis Timpson, Chairman of the Legal Affairs Committee, concerning the decisions made and discussions held in the leading committee.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi concluded the questioning round and yielded the floor to Madis Timpson, Chairman of the Legal Affairs Committee, who will present a report on the discussion held and the decisions reached in the lead committee.
Madis Timpson
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Madis Timpson provided an overview of the committee meeting, where a draft bill was discussed focusing on the protection of critical infrastructure, including the possibility of establishing an international agreement similar to the Estonia grave peace agreement, as well as the necessity of expanding surveillance activities and ensuring a point of balance through the courts. Additionally, the discussion covered harsher penalties for politically motivated vandalism and justified exceeding the 4 billion euro financial penalty threshold to ensure a sufficient deterrent effect, for example, in the event of damage to an electric cable. The committee unanimously decided to conclude the first reading of the draft bill and place it on the agenda.
Madis Timpson
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Madis Timpson provided an overview of the committee session where the draft legislation was discussed, focusing on the protection of critical infrastructure objects through international agreements (referencing the model used for the Estonia wreck peace agreement), the balance between expanding surveillance activities and citizens' rights, and harsher penalties for politically motivated vandalism. Particular attention was paid to the necessity of raising the maximum financial penalty (exceeding 4 billion euros) for significant infrastructure damage, such as the cutting of an electric cable, in order to ensure a sufficient deterrent effect. The committee decided to conclude the first reading of the draft bill and proposed that it be placed on the agenda for October 8th.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller announced that since no questions or requests for debate were submitted, the first reading of Draft Bill 656 was immediately concluded, and the deadline for submitting amendments was set for October 22 of the current year at 5:15 PM.