Legal entity liability
Session: 15th Riigikogu, fifth sitting, information briefing.
Date: 2025-05-14 16:39
Participating Politicians:
Total Speeches: 12
Membership: 15
Agenda Duration: 14m
AI Summaries: 12/12 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
This agenda item addressed the expansion of legal entity liability and related legal and practical issues in the care home sector. The discussion began with a question posed by Member of Parliament Arvo Aller, focusing on the amendment to the Penal Code adopted in November 2023 and its impact on the legal entity liability in situations where management omissions have contributed to the commission of crimes (for example, within a care home context). Minister Liisa-Ly Pakoste explained the purpose of the provision, emphasizing that a causal link must be proven; the discussion also covered the nuances and limitations concerning how and to what extent the organization and supervision of care homes might give rise to liability. In addition, the broader debate touched on whether and to what extent technical measures (such as cameras) should ensure safety and what the balance is between consumer rights and privacy protection.
Decisions Made 1
No specific decisions were made within the scope of this session; the discussion focused on describing legal frameworks, case contexts, and potential solutions, as well as future discussions and considerations.
Most Active Speaker
The most active speaker was Minister of Justice and Digital Transformation, Liisa-Ly Pakoste (pid UgFd274QJi4). She represented the government, gave a thorough overview of amendments to the Penal Code and their objectives, and discussed cases and the course of proceedings. Position: other (member of the government/minister; a precise party position used to describe the political direction has not been given).
Esimees Lauri Hussar
AI Summary
MP Arvo Aller submits a question to Liisa-Ly Pakosta, the Minister of Justice and Digital Affairs, concerning the liability of legal entities.
Arvo Aller
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Arvo Aller confirms that incidents have occurred in care homes, and although the liability of a legal entity was expanded in November 2023, the Tabasalu Pihlakodu case was excluded. Furthermore, the prosecutor's office claimed that the victim did not suffer trauma or physical harm from the rape, which is why he is asking the Minister of Justice and Digital Affairs what recommendations are given when laws fail to apply and only individuals connected to the case are held accountable.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
In the presentation, Minister of Justice and Digital Affairs Liisa-Ly Pakosta emphasizes that rape causes harm and must always be reported to law enforcement agencies, explaining the provision of the law that entered into force on November 1, 2023, according to which a legal entity is responsible for deficiencies in work organization or supervision if a crime is committed. She also acknowledges that even if deficiencies in supervision were discovered, this crime unfortunately would not have been prevented, and the balance of public debate and prevention measures are being discussed.
Esimees Lauri Hussar
AI Summary
The message is that your time has come and it’s time to act.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta asks whether this would be the desired equilibrium point.
Esimees Lauri Hussar
AI Summary
The Chairman thanks [the previous speaker] and calls upon Arvo Aller to ask a clarifying question.
Arvo Aller
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Arvo Aller voices criticism against excessive monitoring and accuses the legal entity of poor work organization within care homes. Simultaneously, concerning the 6 million euro theft involving Slava Ukraini, he asks whether the former board member is personally responsible and what stage the proceedings have reached.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Liisa-Ly Pakosta emphasizes that she did not want additional cameras in nursing homes and has not said that everything is correct, but rather has approached the bar association, and only the Court of Honor will decide whether the civil claim was submitted correctly. She points out that the employer made all necessary register inquiries, and the contract did not state that the caregiver must be exclusively female. Furthermore, the investigation into the Lehtme case is in its final stage.
Esimees Lauri Hussar
AI Summary
Colleague Helle-Moonika Helme asked a follow-up question.
Helle-Moonika Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Helme claims that the care reform increased costs for both individuals and local municipalities and channeled money toward the business interests of nursing homes. Furthermore, the service has deteriorated, and incidents such as rape and even fatal beatings have occurred. However, the prosecutor's office and the legal system are not taking these cases seriously, which undermines the public's sense of justice.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
According to Minister of Justice and Digital Affairs Liisa-Ly Pakosta, the co-payment for nursing home services has dropped from 81% to 51%, which has enabled over 1,000 families to place a relative in a nursing home. Data regarding nursing homes is public in the Commercial Register, and supervision is carried out by the Social Insurance Board. Furthermore, although the prosecutor's office has demanded a strict sentence for the rape, the evidence does not prove a causal link between the nursing home's operations and the specific incident. Contractual compensation is possible, but this is based on civil law advice, regarding which I have requested clarification from the Bar Association and asked for an end to the baseless accusations.
Esimees Lauri Hussar
AI Summary
Thank you all very much. I conclude the discussion of today's eighth question, I thank the members of the Government and my colleagues for the information hour, and we will continue with the Riigikogu plenary session starting at two o'clock.