First Reading of the Draft Act on the Amendment of the Penal Code and the Amendment of Other Related Acts (Increasing the Fine Unit) (Bill 415 SE)
Session: Fifteenth Riigikogu, Third Session, Plenary Session.
Date: 2024-04-30 13:06
Total Speeches: 79
Membership: 15
Agenda Duration: 1h 26m
AI Summaries: 79/79 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The focus of the agenda was the first reading of Draft Act 415, the Act on the Amendment of the Penal Code and Related Amendment of Other Acts (Increase of the Fine Unit), initiated by the Government of the Republic. The objective of the Draft Act is to increase the fine units underlying monetary fines—from 4 euros to 8 euros—and accordingly increase the maximum fine for misdemeanor proceedings up to 2,400 euros. In addition, the Draft Act introduces amendments to the Code of Misdemeanor Procedure, the Traffic Act, and the system of warning fines and coercive fines imposed under other legal acts. In its assessment, the Draft Act emphasizes a close link with the state budget objectives: it regulates revenue for the state budget (estimated at approximately 10.4 million euros per year) and predicts a 10% reduction in the number of violations, which in turn would reduce the funding of procedural costs and claims when initiating misdemeanor proceedings. Questions may have arisen regarding the impact assessment and the drafting intention, as some participants felt that the impact analysis and the drafting intention had not been addressed thoroughly enough. The debate also pointed out that increasing fines should not be merely for budget fulfillment, but must also take into account the impact on law enforcement and the prevention of misdemeanors, as well as the burden on the taxpayer.
Decisions Made 2
A decision was made to incorporate the first reading of Bill 415 into the agenda of the current sitting and schedule it for the plenary session agenda on April 30th; Vilja Toomast was appointed as the committee rapporteur.
The decision was made to extend today's sitting, following its scheduled conclusion, until the agenda is exhausted, but no later than 2:00 PM; voting result: 53 in favor, 23 against, 0 abstentions.
Most Active Speaker
The most active speaker: M_I0ti5l7pQ (from the Isamaa faction). Position: far-right/right (right-wing)—that is, a representative of liberal or conservative economic policy—who raised several questions and comments concerning the lack of an impact assessment and the practical consequences of implementing the draft bill.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi announced that the first item on today’s agenda was the first reading of Draft Law 415, concerning the amendment of the Penal Code and related legislation (increasing the fine unit), and invited Minister of Justice Madis Timpson to serve as the rapporteur.
Justiitsminister Madis Timpson
AI Summary
Justice Minister Madis Timpson submitted a draft bill to the Riigikogu, which proposes raising the fine unit from 4 euros to 8 euros, increasing the maximum misdemeanor fine from 1,200 euros to 2,400 euros, abolishing the minimum limit of 12 euros (3 units), creating an exception for minors, and adding mechanisms for warning fines and influence fines. The expected state budget revenue from this is approximately 10.4 million euros per year, and the bill is set to enter into force on January 1, 2025.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi thanks the rapporteur and announces that Jaanus Karilaid will open the round of questions.
Jaanus Karilaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Jaanus Karilaid emphasized that the Ministry of Justice should be the chief guardian of legislative quality, asked why an impact analysis was not being carried out for this draft bill, referred to the thorough evaluation processes and control questionnaires used by the Government Office and the ministry, and pointed out that the 2025 budget request is approximately 10 million, and the final sum could turn out to be either larger or smaller.
Aseesimees Toomas Kivimägi
AI Summary
The speech contained only words of thanks.
Jaanus Karilaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
He asks why the analysis of this draft bill wasn't done.
Justiitsminister Madis Timpson
AI Summary
Forecasts are estimates, and calculating the exact number of law violations is difficult. The Ministry of Internal Affairs' projection was 10.4 million, and even though the impact analysis does not confirm that raising fines influences law-abiding behavior, the decisions are mainly based on the Police Director General's and the PPA's view that increasing the fines would help.
Aseesimees Toomas Kivimägi
AI Summary
He politely asks Vadim Belobrovtsevi to come forward.
Vadim Belobrovtsev
Profiling Eesti Keskerakonna fraktsioonAI Summary
Belobrovtsev notes that although violations of regulations can happen unintentionally, one should consider whether raising the fine rates is appropriate against the backdrop of new taxes and excise duties, and perhaps postpone their implementation for a few years.
Justiitsminister Madis Timpson
AI Summary
Minister of Justice Madis Timpson said that reviewing fines occasionally is reasonable because the cost of living has risen, and although nobody wants to pay fines, the draft bill to raise the fine unit from 4 to 8 is justified, especially since, based on the minimum wage, it could currently be 27, not 8.
Aseesimees Toomas Kivimägi
AI Summary
Please welcome to the stage Anastassia Kovalenko-Kõlvart.
Anastassia Kovalenko-Kõlvart
Profiling Eesti Keskerakonna fraktsioonAI Summary
Anastassia Kovalenko-Kõlvart is criticizing the plan to increase parking and warning fines. She emphasizes that an analysis should first be conducted on how this would affect people's behavior and traffic culture, rather than focusing solely on boosting state budget revenues. She argues that the wording of the draft bill leaves the impression that the state is actually hoping for violations of the law for the sake of increasing cash flow.
Justiitsminister Madis Timpson
AI Summary
The state does not want legal offenses to be committed here; analyses can be conducted, but this time they were not done thoroughly, because the police have been signaling for some time now that the fine unit should be raised.
Aseesimees Toomas Kivimägi
AI Summary
Vice-Speaker Toomas Kivimägi invites Kalle Grünthal to take the floor.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal criticized the minister for fast-tracking the draft bill, arguing that there was no formal intent to develop (or preparatory plan) and that raising fines to such a degree was not legally justified. He also questioned why, given the urgency, this had not been addressed earlier.
Justiitsminister Madis Timpson
AI Summary
Minister of Justice Madis Timpson said that he had been here before, doesn't know why this hasn't been done sooner, emphasizes that things can always be improved, and isn't sure whether it would violate the law, and is rather inclined to disagree.
Aseesimees Toomas Kivimägi
AI Summary
Vice-Speaker Toomas Kivimägi invites Aleksandr Tšaplõgin to the stage.
Aleksandr Tšaplõgin
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
He/She raises concerns that the poor and the rich pay the same fines, arguing that for the wealthy, such a fine does not constitute a punishment, and requests that the size of the fine be linked to the individual's income.
Justiitsminister Madis Timpson
AI Summary
He admitted honestly that he hadn't given it much thought, and he believes the draft bill will result in honest taxpayers paying proportionally more than those who don't declare their income properly.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi invites Lauri Laats onto the stage and mentions Varro Vooglaid.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid posed two main questions: whether an impact assessment is mandatory or if it can only be included in the explanatory memorandum of the draft bill, and how high the administrative costs for traffic fines have been and how much revenue has been generated from them.
Justiitsminister Madis Timpson
AI Summary
Justice Minister Madis Timpson informed the Legal Affairs Committee that, based on data received from the Ministry of the Interior, over 95,000 misdemeanors were registered. Of these, 80,200 were initiated by patrol units and 14,800 by investigation units. He specified that the average time spent on a case by a patrol unit is 50 minutes, costing approximately 23 euros (a total cost of about 1.8 million euros). For an investigator, the average time is 6.7 hours, costing approximately 119 euros (a total cost of about 1.7 million euros). Timpson noted that they might not have separate accounting for every single misdemeanor. He also added that the Ministry of Justice had commissioned a study on shoplifting, which showed that the cost of the expedited procedure is about 92 euros, while the general procedure costs about 160 euros.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi invited Aleksei Jevgrafov to the stage.
Aleksei Jevgrafov
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Jevgrafov claims that the draft bill was ready before the minister was appointed and that you are now being held hostage. He then asks for a personal opinion on whether the bill—which introduces the possibility of partially paying the penalty fine during misdemeanor proceedings—will help people cope with large fines.
Justiitsminister Madis Timpson
AI Summary
Minister of Justice Madis Timpson explains that the draft bill had already been prepared before his appointment, and its objective is to ensure people do not violate the law; during difficult times, partial payment is possible, and he views this more as an accommodation than as forcing something upon people.
Aseesimees Toomas Kivimägi
AI Summary
The Vice-Chairman called Priit Sibul to the rostrum.
Priit Sibul
Profiling Isamaa fraktsioonAI Summary
Priit Sibul discussed the issue of sports manipulation and increasing the associated penalties. He pointed out that the Ministry of Culture must first prepare an intention to draft legislation, and only based on that can the Ministry of Justice develop the topic further. He also asked how the decision is made regarding when an impact analysis is necessary and when it is not, noting that nothing will happen before June 1st of next year.
Justiitsminister Madis Timpson
AI Summary
The Minister of Justice stated that all requirements are laid out in the HÕNTE regulation, and although he neither has it with him nor remembers it, he has no reason to believe that the law is being violated, just as he informed Grünthal.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi called upon Rain Epler to speak.
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Rain Epler raises the question of whether laws must include an impact analysis, and how the governing coalition will approach the adherence to established practices and the use of impact analysis in future lawmaking.
Justiitsminister Madis Timpson
AI Summary
He/She said that impact analysis should become standard practice, and he/she is fundamentally in agreement with that.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi called upon Kalle Grünthal to speak.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal highlighted that both the case handler and the patrol officer receive salaries even if they take no procedural steps, arguing that this makes the procedural costs inaccurate. Consequently, he demanded that the minister conduct a thorough review of the correctness of the preliminary work and inquired whether the draft bill should proceed or if the existing legislative intent document needs to be amended.
Justiitsminister Madis Timpson
AI Summary
He expresses his thanks and confirms that he intends to move forward.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi makes a request of Lauri Laats.
Lauri Laats
Profiling Eesti Keskerakonna fraktsioonAI Summary
Lauri Laats is skeptical about raising fines, pointing out that the money comes directly out of people's pockets and that there has been no analysis showing whether bigger fines would even change driver behavior.
Justiitsminister Madis Timpson
AI Summary
I am definitely not someone who favors the stick, and I am rather a proponent of a rational approach. And regarding the question of whether this will improve traffic and reduce violations, I have no reason to doubt the assessments of the Police Board and the Director General that it will contribute to that goal.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi asks Varro Vooglaid to come forward and speak.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid posed two questions: whether the impact assessment must be included in the explanatory memorandum of every draft bill, in accordance with the requirements of HÕNTE, and why it is absent from the explanatory memorandum of the current draft bill; and on what basis members of the Riigikogu can verify that the costs of processing traffic fines exceed the revenue collected from those fines.
Justiitsminister Madis Timpson
AI Summary
Minister of Justice Madis Timpson announced that the numbers originate with the Ministry of the Interior and that they are not compiled by his office. He noted that the average amounts of the monetary fines are included in the explanatory memorandum, and there should be an impact assessment or analysis available concerning HÕNTE.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi asks for Priit Sibul to be called upon to speak.
Priit Sibul
Profiling Isamaa fraktsioonAI Summary
Priit Sibul questions what the main purpose of increasing fines is, noting that if the procedural costs must be borne by taxpayers, it is hard to see their connection to public sector financing.
Justiitsminister Madis Timpson
AI Summary
Justice Minister Madis Timpson said that although it may not always be clear to the taxpayer how the money is used, he understands that every procedure costs money. Since prices and salaries have been rising for over 20 years, there is nothing here that the average taxpayer wouldn't understand.
Aseesimees Toomas Kivimägi
AI Summary
Rain Epler is requested to report.
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Rain Epler criticized the strictness of the HÕNTE norms. He asked whether the draft bill could be withdrawn and simplified, referencing an example from the Riigikogu Board that it is possible to simplify matters. Finally, he asked whether the word "could" was forward-looking or merely a softening of the language concerning the current term in office.
Justiitsminister Madis Timpson
AI Summary
Minister of Justice Madis Timpson stated that he does not intend to retract his stance, nor will he assess the Riigikogu Board. Furthermore, he does not suspect them of illegal actions, has no intention of canceling HÕNTE, and if the situation persists, he will not bring the constitution into alignment with the laws.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi called Anastassia Kovalenko-Kõlvart to speak.
Anastassia Kovalenko-Kõlvart
Profiling Eesti Keskerakonna fraktsioonAI Summary
The report proposes raising the fine for riding without a ticket on public transport from 20 to 40 euros, and the speaker highlights the pragmatism of the Reform Party in light of the debate outlined in the explanatory memorandum, according to which free public transport was first abolished, and now those who once utilized that opportunity are being penalized, with the monetary fine having been doubled.
Justiitsminister Madis Timpson
AI Summary
I don't blame the Reform Party for getting rid of free public transport, but people who genuinely need it should still be able to travel affordably; I would personally buy a ticket, and I believe the 40-euro fine is justified, and overall, I wouldn't recommend riding without one.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi addressed Anti Poolamets with a request.
Anti Poolamets
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Anti Poolamets emphasizes that every draft law must be accompanied by an impact analysis, assessing the effects on European Union law, the economy, and the financial implications. He calls upon the minister to prepare this analysis and return within a week.
Justiitsminister Madis Timpson
AI Summary
He/She thanks them and informs that they are not taking time off and will not be returning in a week.
Aseesimees Toomas Kivimägi
AI Summary
Arvo Aller is called to the stage.
Arvo Aller
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Arvo Aller points out that the change of minister does not bring a new approach and the same steamroller continues, because draft legislation is submitted to the Riigikogu without impact analyses, and the explanatory memorandum stresses the state’s obligation to reflect both revenues and expenditures in the budget. He then asks what happens if a violation is committed under the old fine rate, but the decision is made in the new year—which year’s budget does that money go into—and whether delaying the proceedings could result in higher fines.
Justiitsminister Madis Timpson
AI Summary
The Minister of Justice, Madis Timpson, stated that if a violation is committed on December 31st of this year, the punishment will be based on the four-euro fine unit, and the proceedings themselves will occur next year, which is logical and will be allocated to next year's budget.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi invited Evelin Poolamets to speak.
Evelin Poolamets
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Evelin Poolamets voiced her concern that the draft bill lacks an impact assessment. She also inquired about the basis for the fine amounts—specifically, whether they are too small or too large—and whether the decision was made based on intuition or some other concrete grounds.
Justiitsminister Madis Timpson
AI Summary
Minister of Justice Madis Timpson stated that based on the fine unit established in 2001, current fines could be around 27 euros, but this would seem too high. In 2015, there was also an attempt to raise them, but the draft legislation failed to pass through the proceedings. Furthermore, a twofold increase would have been the minimum necessary, and traffic experts considered that optimal.
Aseesimees Toomas Kivimägi
AI Summary
Thank you, esteemed Minister; there are no further questions, and Rain Epler is asked whether he wishes to offer an apology for the factual claim made concerning the Riigikogu Board, after which the microphone will be passed on.
Rain Epler
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Rain Epler urged that ministers provide thorough and lengthy answers, and that the session chairs encourage them not to limit themselves to brief replies.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi confirms that he will take this into account, open negotiations, and promises that his colleague Vilja Toomast will present the Legal Affairs Committee’s positions to us.
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioonAI Summary
The Legal Affairs Committee discussed the bill initiated by the Government to amend the Penal Code and related acts, which proposes raising the size of the fine unit, and assessed matters concerning impact analyses and procedural costs; it was decided to place the bill on the plenary session agenda for April 30, to conclude the first reading, and to appoint Vilja Toomast as the committee's rapporteur.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi thanks [the audience/chair] and invites questions, asking Arvo Aller to pose his question.
Arvo Aller
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
I noted that the intention to develop and the coordination table have only been partially considered. Furthermore, the higher the fine amount and the greater the impact on an individual’s financial situation, the stronger the incentive to contest the fine or request a lighter penalty, and this consequently increases the workload on the courts. Was there also any discussion about reducing this burden and handling fine rates more flexibly?
Vilja Toomast
Profiling Eesti Reformierakonna fraktsioonAI Summary
He explains that he does not intend to read the entire protocol aloud and comments on the proposal of the Viru County Court, noting that the impact on changes to types of punishment and methods for overcoming addiction is presumptive, and that impact analyses are available in the explanatory memorandum, which specifies the target groups and potential impact, although financial figures are not included therein.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi thanks the audience, announces that the question period is over and it is time to begin negotiations, and Jaanus Karilaid will now speak on behalf of and with the full mandate of the Isamaa faction.
Jaanus Karilaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Jaanus Karilaid is criticizing the quality of Bill 415 and the deficient impact assessment, stressing that the main objective is simply to fill the state treasury. Consequently, the Isamaa faction plans to reject the bill during the first reading.
Aseesimees Toomas Kivimägi
AI Summary
Varro Vooglaid represents the EKRE faction and makes a request.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid stated that the doubling of fines is unconvincing, and there is a lack of concrete data showing that procedural costs would exceed the sums collected from the fines. He emphasized that the impact analysis and the HÕNTE obligation must be reflected in the explanatory memorandum.
Aseesimees Toomas Kivimägi
AI Summary
Vice-Speaker Toomas Kivimägi requests an additional three minutes.
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Varro Vooglaid is urging the government, and specifically the Minister of Justice, to ensure that all draft legislation includes an impact analysis, and he recommends that the EKRE faction reject the bill during the first reading.
Aseesimees Toomas Kivimägi
AI Summary
Anastassia Kovalenko-Kõlvart, on behalf of the Estonian Centre Party faction, is requesting additional time—three extra minutes.
Anastassia Kovalenko-Kõlvart
Profiling Eesti Keskerakonna fraktsioonAI Summary
The Center Party faction finds that the increase in fines and state fees is a cynical tax imposed by the Reform Party and its partners, which is not supported by an impact analysis and which places people in an onerous situation; therefore, these bills must be rejected.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi announced that one proposal has been submitted by all factions (the Centre Party, EKRE, and Isamaa) to conclude the first reading of Draft Law 415, and that a vote must be taken. Before proceeding to the vote, he invited Helle-Moonika Helme to take the floor.
Helle-Moonika Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
He announced that, on behalf of the faction, he was calling for a ten-minute recess before the vote on the proposal.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi announced that the recess would be ten minutes.
Aseesimees Toomas Kivimägi
AI Summary
The speaker announced that the recess was ending and the plenary session would resume, and subsequently put to a vote the proposal by the Isamaa, EKRE, and Centre Party factions to reject draft bill 415 during the first reading, requesting that members take a stand and vote.
Aseesimees Toomas Kivimägi
AI Summary
The first reading of Draft Bill 415 in the Riigikogu has concluded—23 votes in favor, 53 against, and 0 abstentions. The proposal failed to gain support. The deadline for submitting amendments is May 15th at 5:15 PM, and the Speaker put to a vote the Reform Party faction's motion to extend today's sitting until the agenda is exhausted, but no later than 2:00 PM.
Aseesimees Toomas Kivimägi
AI Summary
Fifty-three members of the Riigikogu voted in favor of this proposal, twenty-three were against, and there were no abstentions; the motion was supported, and today's sitting is extended until the agenda is completed, but no later than 2:00 PM.