First reading of the Draft Act on Amendments to the Penal Code and the Code of Criminal Procedure (695 SE)
Session: The 15th Riigikogu, 6th Session, Plenary Sitting
Date: 2025-10-09 01:00
Participating Politicians:
Total Speeches: 19
Membership: 15
Agenda Duration: 14m
AI Summaries: 19/19 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The Riigikogu (Estonian Parliament) began debating the first reading of Draft Act 695, initiated by the Government of the Republic, concerning amendments to the Penal Code and the Code of Criminal Procedure. Minister of Justice and Digital Affairs Liisa-Ly Pakosta introduced the draft, emphasizing its technical nature. The purpose of the draft is to bring Estonian domestic law into conformity with four different European Union legal acts, in respect of which the European Commission, during subsequent review, found that Estonian law requires further specification. The amendments concern making the preparation of computer crimes punishable (Section 137 of the Penal Code), harmonizing the grounds for the surrender of third-country nationals within the framework of the European Arrest Warrant, regulating the right to counsel and notification of detention, and clarifying the procedural safeguards for juvenile suspects, including more frequent review of decisions on detention. Member of Parliament Peeter Ernits posed questions regarding the technical complexity of the amendments and the continuous control process for the transposition of European Union law. The Minister explained that this is an ongoing harmonization process where legal acts are compared line by line, and that such specifications are necessary to ensure uniform applicability across Europe. Anti Haugas, a member of the leading committee (the Legal Affairs Committee), confirmed that the committee had discussed the draft and found that although infringement proceedings have been initiated, they will be terminated upon the rectification of the deficiencies. The committee proposed concluding the first reading.
Decisions Made 2
The first reading of Bill 695 was concluded.
The deadline for submitting amendments was set as October 22nd at 5:15 PM.
Aseesimees Arvo Aller
AI Summary
Deputy Speaker Arvo Aller introduced the 11th item on the agenda, which was the first reading of Draft Act 695 on amendments to the Penal Code and the Code of Criminal Procedure, initiated by the Government of the Republic, and invited Minister of Justice and Digital Affairs Liisa-Ly Pakosta to present the report.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, introduced a technical bill to the Riigikogu (Estonian Parliament), the aim of which is to bring the Penal Code into full compliance with four European Union legal acts. Although Estonia initially held the position that compliance was already achieved, the European Commission is demanding clarifying amendments. These amendments primarily concern the punishability of preparing cybercrimes, procedures related to the European Arrest Warrant (including the surrender of third-country nationals and the right to notify of detention), and the more frequent review of procedural safeguards for minor suspects and decisions concerning their pre-trial detention.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta is introducing the bill amending the Penal Code to the Riigikogu [Parliament]. The bill is technical in nature and aims to bring Estonian domestic law into full compliance with four European Union legal acts. This necessity arises because the European Commission has requested clarifications concerning cybercrimes (specifically, the preparation for the interception of computer data), the grounds for surrender related to the European Arrest Warrant, the right of detainees to be informed, and the procedural safeguards applicable to juvenile suspects.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller gave the floor to Peeter Ernits, who was required to ask at least one question.
Peeter Ernits
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Peeter Ernits expressed his bewilderment and asked why they needed to submit several highly technical and complex draft bills—which are difficult to grasp—right at this moment, referring to the process as "jewelry work."
Peeter Ernits
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Peeter Ernits expressed his confusion regarding the timing of the proposal, asking why it is necessary right now to deal with several complex and difficult-to-grasp technical amendments—changes requiring so-called 'jeweler's precision'—the substance of which is hard to comprehend at first glance.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta emphasizes the necessity of the uniform application of European Union legal acts across member states, and since Estonia has failed to ensure pan-European standardization in four minor, yet crime-related aspects, she deems the corresponding harmonization necessary and offers her support.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta emphasizes that the purpose of the European Union's uniform legal acts is to ensure consistent regulation across all member states. Since Estonia has failed to apply this legislation in four minor aspects related to crime, it is now imperative that this harmonization be carried out.
Aseesimees Arvo Aller
AI Summary
Deputy Chairman Arvo Aller and Peeter Ernits were called to the rostrum to begin their addresses.
Peeter Ernits
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Peeter Ernits acknowledges the European Commission’s observation that Estonian legal acts require line-by-line clarification, but he critically questions whether such detailed scrutiny extends to all laws, which would lead to an enormous number of amendments. He also draws attention to the shortcomings in Estonia’s own lawmaking process, where several sections—for instance, those concerning restrictions on proceedings—have been left insufficiently defined, thus allowing for broad interpretation.
Peeter Ernits
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Peeter Ernits acknowledges the European Commission's analysis, which calls for the clarification of Estonian law, but critically questions whether such a line-by-line review extends to all legislation. Furthermore, he criticizes the Estonian lawmaker, arguing that many sections—for instance, those concerning restrictions on official actions—have been left without sufficient substance, thereby enabling the flexible interpretation of the laws.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller signaled with a brief but clear phrase that the next speaker's time had begun and they could start their presentation.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, provided a detailed explanation of the procedure for transposing European Union law into Estonian legislation, citing the cybersecurity directive as an example. She emphasized a transparent, table-based methodology where colour codes (green, blue, red) help members of the Riigikogu (Estonian Parliament) assess whether the transposition is minimal, deficient, or excessive (referred to as 'gold-plating'). Furthermore, she advocated for the broad application of this best practice across all relevant draft legislation, while simultaneously confirming that members of the Riigikogu always have the opportunity to propose clarifications to other laws as well.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, provided a comprehensive overview of the standard process for transposing European Union law, explaining that comparison tables utilizing colored markings (such as green, blue, and red) are submitted to the Riigikogu to ensure that EU regulations are not transposed into Estonian law either insufficiently or excessively—the latter being known as "gold-plating." She stressed that this transparent practice is ongoing and additionally confirmed that other legal clarifications, such as the issue of restrictions on proceedings (or conflict of interest), are already being processed by the Riigikogu.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller concluded the preceding round of questions and subsequently gave the floor to Anti Haugas, a member of the Legal Affairs Committee, so that he could provide an overview of the discussion that took place in the lead committee.
Anti Haugas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Anti Haugas announced that on September 22nd, the commission discussed a draft bill presented by the Minister of Justice and Digital Affairs that amends minor details. During the discussion, it became clear that while infringement proceedings concerning Estonia have indeed been initiated, they will be terminated once the deficiencies are rectified. Consequently, it was decided to add the draft bill to the agenda for October 8th, conclude the first reading, and appoint Anti Haugas as the rapporteur.
Anti Haugas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Anti Haugas provided an overview of the committee session, during which they discussed a draft act amending minor details. It was clarified that infringement proceedings initiated against Estonia would be terminated upon the rectification of deficiencies, and it was decided to conclude the first reading of the draft act and appoint Anti Haugas as the rapporteur.
Aseesimees Arvo Aller
AI Summary
Deputy Speaker Arvo Aller quickly introduced and concluded the first reading of draft bill 695, confirming the lead committee's proposal and setting the deadline for submitting amendments as October 22nd at 5:15 p.m., while also noting that there was no request for debate.
Aseesimees Arvo Aller
AI Summary
Deputy Speaker Arvo Aller announced that, as no questions were raised and there was no request for debate, the first reading of Bill 695 SE was concluded upon the motion of the lead committee, setting the deadline for the submission of amendments as 17:15 on October 22 of the current year.