Agenda Profile: Kalle Grünthal
First Reading of the Draft Act amending the Penal Code (411 SE)
2024-05-30
15th Riigikogu, 3rd session, plenary session
Political Position
The political focus is centered on protecting the presumption of innocence and an individual’s reputation against premature accusations made by the media. The speaker strongly advocates for amending the Penal Code to criminalize the deliberate and unfounded treatment of a person as guilty before a final court judgment has taken effect. This stance is driven by both personal experiences and a broader concern for securing fundamental rights, emphasizing a value-based approach to justice and law enforcement.
1 Speeches Analyzed
Topic Expertise
The speaker demonstrates legal expertise by thoroughly addressing the presumption of innocence, the principles of criminal procedure, and the inadequacy of civil law remedies. They employ technical terminology (statement of fact, value judgment) and refer to Article 6, paragraph 2 of the European Convention on Human Rights, Supreme Court rulings, and the jurisprudence of the European Court of Human Rights (case 8630/79).
1 Speeches Analyzed
Rhetorical Style
The rhetorical style is serious and explanatory, making extensive use of narration and specific examples (Marti Kuusik, Kajar Lember, Siim Kallas) to illustrate the moral and material damage caused by the media. The appeal is a blend of logical (analysis of legal mechanisms) and emotional (personal tragedies) persuasion, while simultaneously emphasizing the possibilities of using language to provide assessments without infringing upon an individual's honor. The discourse is formal and focuses on making legal texts accessible even to non-specialists.
1 Speeches Analyzed
Activity Patterns
The speaker is the proposer of the draft act amending the Penal Code and has defended the matter before the committee. No other activity patterns (frequency, travel) are noted.
1 Speeches Analyzed
Opposition Stance
The main criticism is aimed at the media and journalists for defamation based on uncontrolled and incorrect factual claims, which damages individuals' careers and health. The stance of the Ministry of Justice and the Government of the Republic—that civil law remedies are sufficient—is also criticized, as these remedies are considered ineffective and too costly in real life. Kersti Kaljulaid's demonstrative behavior regarding the Marti Kuusik case is mentioned separately.
1 Speeches Analyzed
Collaboration Style
The speaker is seeking support from colleagues, emphasizing that the draft bill affects all members of the Riigikogu, including coalition deputies. He/She asks that the bill be supported or sent to the second reading for refinement, which indicates an openness to compromise when improving the substance of the legislation.
1 Speeches Analyzed
Regional Focus
The focus is primarily on national legislation and international human rights standards. One specific case involving a local government near the Peipus coast is mentioned, but it serves an illustrative purpose.
1 Speeches Analyzed
Economic Views
Economic considerations are absent, apart from the concern over the high financial cost of civil proceedings, which necessitates hiring attorneys and may result in the individual being subject to a monetary fine or penalty.
1 Speeches Analyzed
Social Issues
A central social issue is the defense of individual liberties and reputation against media attacks, underscoring the vital importance of the presumption of innocence. The speaker highlights extreme accusations, such as "child molester" and "murderer," as examples that severely damage a person's honor and good name.
1 Speeches Analyzed
Legislative Focus
The primary legislative focus is the amendment of the Penal Code via Bill 411 SE, which the speaker initiated. The objective is to criminalize the violation of the presumption of innocence through knowing and unfounded factual claims, establishing a monetary penalty or up to one year of imprisonment as punishment.
1 Speeches Analyzed