Draft law amending the Penal Code and other laws in connection therewith (sanctions violations) (441 SE) – second reading
Session: 15th Riigikogu, 5th session, plenary session
Date: 2025-03-19 16:56
Participating Politicians:
Total Speeches: 25
Membership: 15
Agenda Duration: 27m
AI Summaries: 25/25 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
Within the framework of the third agenda item, the second reading of the draft law amending the Penal Code and other related laws initiated by the Republic's Government (sanctions violations) – bill 441 – was considered. The main objective is to improve the proceedings related to sanctions violations and to make the bureaucracy and burden on investigators more effective, in accordance with the minimum requirements of the European Union and the framework related to restrictions and export bans. A significant aspect is cross-border competence: the Tax and Customs Board (MTA) must deal with sanctions violations at the border, while the Protection Police Board (KAPO) continues to deal with violations related to strategic goods; at the same time, efforts are being made to reduce resources and burden on both law enforcement and the prosecutor's office. A second additional topic was the proposal to expand the means of investigation (e.g., eavesdropping on conversations and using police officers), which the commission discussed in detail, seeking a balance between rights and effective surveillance.
Decisions Made 3
All seven proposed amendments were adopted unanimously, along with technical and substantive improvements aimed at ensuring a clearer and more legally sound procedure for sanction offenses.
Procedural decisions: completion of the second reading scheduled for March 19th on the plenary agenda; completion of the second reading and, following the final vote, referral to the plenary agenda for the final vote (with a result of 6 in favor, 1 abstention).
The investigative powers will not be expanded to grant the Tax and Customs Board broader rights (e.g., to eavesdrop on conversations or use police agents) – we will stick with the original solution, and the question of expanding investigative powers will be separated for a separate discussion, if necessary, at the level of parliamentary groups.
Most Active Speaker
The most active speaker was Andre Hanimägi (speech during the second reading of the bill, Chairman of the Legal Affairs Committee). His speeches constituted a significant portion of the discussion. Position: other (political centrist or role as committee chairman, not clearly defined on the left or right).
Aseesimees Arvo Aller
AI Summary
As the third item on the agenda, the government-initiated draft amendments to the Penal Code and related laws, draft bill No. 441, in its second reading, will be considered, and the presenter is Andre Hanimägi, the chair of the Legal Committee.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
On the second reading, it was decided that sanctions offenses at the border will be prosecuted by the Tax and Customs Board, and the Security Police will continue to deal with strategic goods; an expansion of surveillance powers was not accepted; further amendments will be carried out on the basis of the original idea; for the second reading and the final vote the agenda is scheduled for March 19.
Aseesimees Arvo Aller
AI Summary
The vice-chairman thanks the presenter, states that there are questions, and asks Kert Kingo to take the floor.
Kert Kingo
AI Summary
Kert Kingo emphasizes that the end result must be clearly clarified: whether the draft expands the Tax and Customs Board's investigative powers or everything remains the same, including the right to monitor postal shipments.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Andre Hanimägi confirms that everything remains exactly as it is, and thanks for the question.
Aseesimees Arvo Aller
AI Summary
The speech contains a short prayer to summon Mart Helme.
Mart Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Mart Helme said that the draft has fallen behind the times, because in the Putin–Trump talks there was talk of removing sanctions, and Trump gave the order to review them and gradually remove them.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
I disagree with the draft bill and contend that the investigation of sanctions-related crimes should take place at the border under the jurisdiction of the Tax and Customs Board and the border guard, not the Security Police, and although the draft bill promises to increase surveillance capabilities and has been supported by the Ministry of the Interior, the Security Police, and the Tax and Customs Board, it is deficient in its current form.
Aseesimees Arvo Aller
AI Summary
The vice-chairman Arvo Aller asked Helle-Moonika Helme to take the floor.
Helle-Moonika Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
The presenter cited an example from Stark Logistics and claimed that strategically assembled goods in Russia reached the Ukrainian battlefield, because KAPO and MTA did not investigate or share data, and asked why even make new laws, when there is no investigation into major offenses and small-time offenders end up in the noose, while the big ones keep on going.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Andre Hanimägi said that the draft bill is reasonable and that the competences should be transferred to the agency operating in the border area, and that changes in the situation do not lessen its necessity.
Aseesimees Arvo Aller
AI Summary
Vice-Chairman Arvo Aller invited Kert Kingo to speak.
Kert Kingo
AI Summary
Kert Kingo asks why such a draft bill is even necessary, emphasizing that the subordination of investigations can be used at the level of the agency's leadership and that it is used daily in both the police and the Tax and Customs Board, and that a new law drafted for a single issue is useless, because Estonia has thousands of laws and no one knows their way around them, and the problem can be solved differently, and he does not understand the idea of this law.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Andre Hanimägi emphasizes that transferring the investigation of sanctions violations to the Tax and Customs Board is unnecessary and that they should remain under the purview of the Estonian Internal Security Service, because the Tax and Customs Board is ready to handle them at the borders, and the Internal Security Service could focus on other matters, not the investigation into smuggling cigarette packs across the Russian border.
Aseesimees Arvo Aller
AI Summary
The deputy chairman Arvo Aller asks Mart Helme to take the floor.
Mart Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
They request clarification and emphasize that the sanctions do not apply only to Russia and Belarus, but also extend to other countries, such as North Korea and Iran, and probably Venezuela and Cuba, and they ask whether the draft covers these countries as well.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
According to the draft bill, the directive-derived minimum requirements will be established for the import and export of goods subject to restrictive measures, and for the criminalization of violations relating to strategic goods; and goods under sanctions must not be moved across the border, a matter handled by the Tax and Customs Board regardless of the origin of the goods.
Evelin Poolamets
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
They ask how these penalty units and cash fines were designed and whether they began indexing them, because the maximum fine is 400,000 euros and inflation makes it quickly outdated.
Aseesimees Arvo Aller
AI Summary
The vice-chairman Arvo Aller asks Evelin Poolametsa to perform.
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Andre Hanimägi said that the Legal Committee had not considered indexed penalty rates; to his knowledge they do not exist in Estonia and indexing them would not be reasonable, but these rates have been submitted to the Riigikogu by the Ministry of Justice, and the Legal Committee agreed with them by consensus.
Aseesimees Arvo Aller
AI Summary
Thank you; there are no more questions, we will open negotiations and Kalev Stoicescu will be the first to be invited to the podium.
Kalev Stoicescu
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
In summary, Bill 441 emphasizes the intensified implementation of sanctions against Russia, as well as a more efficient proceeding, the reduction of bureaucracy, and the handling of minor violations as misdemeanors, in order to increase the impact of sanctions, although sanctions alone will not bring peace and going forward new or extended measures are expected.
Aseesimees Arvo Aller
AI Summary
The vice-chairman thanked and invited Kert Kingo to speak next.
Kert Kingo
AI Summary
Kert Kingo notes that the proposal to extend licenses for surveillance operations and mass surveillance would have been impermissible and would infringe constitutional rights, and emphasizes that common sense prevailed and the matters stayed within proper bounds, thanking the Legal Committee and the Tax and Customs Board and the police for their cooperation.
Aseesimees Arvo Aller
AI Summary
Seven amendments proposed by the Legal Affairs committees were reviewed and fully taken into account; the leading committee finished the second reading of Bill 441, and the second reading is finished, the third item on the agenda has been passed, and before the fourth item on the agenda I will clarify for the record that the voting results for the bill amending the Family Benefits Act and other laws, Bill 547, in the first item on the agenda were 84 in favour, 0 against and 1 abstention.