The Riigikogu received an overview of the implementation of the fundamentals of criminal policy

Report by Minister of the Minister of Justice Lea Danilson-Järg on the implementation of “The Fundamentals of Criminal Policy until 2030” outlined the progress made in the enforcement of the fundamentals of criminal policy 2020 in recent years.

Danilson-Järg began by stating that, for obvious reasons, crime and criminal policy had not been among the most topical issues in national terms in 2022, as the main concerns were the rising cost of living and the international security situation. One reason for this is that in criminal policy, the matters in Estonia are largely under control, unlike, for example, our northern neighbours, who are struggling with increasing violence and organised crime.

“Last year, the situation in Estonia was even slightly better than the year before – crime rates fell a little, youth crime decreased, as did the number of prisoners. People’s subjective sense of security did fall slightly, but this probably reflects the impact of the more general uncertain situation. A survey of the population conducted at the end of last year shows that 71% of people felt safe in the dark in their neighbourhood, which is 4% less than a year earlier,” the Minister of Justice said.

In her opinion, the war in Ukraine had an impact on the criminal policy sector. “In March, the Government adopted sanctions in connection with the attack on Ukraine’s sovereignty and territorial integrity and imposed a prohibition on joining or assisting Russian or Belarusian armed forces or armed units,” the Minister explained. She added that we also rapidly prepared a Bill that prohibited public presentation of hostile symbols. “By today, several people have already been convicted for supporting the aggressor’s forces, one of whom tried to buy drones for the Russian army. These drones were confiscated and handed over free of charge to the Ukrainian troops. This would not have been possible without the Bills that had been drafted,” the Minister noted.

According to Danilson-Järg, last year an important step had been taken towards prevention, so that we would have to deal less with the consequences. “Dealing with prevention is more complicated, more indefinite; punishing for consequences seems to be simpler. However, prevention saves lives and in the long run costs less for the state and society,” the Minister explained. She pointed out that to better coordinate the prevention of risky behaviour, three governmental committees that had been working side by side for years had been merged. These were the Child Protection Council, the Offence Prevention Council and the Government Committee on Drug Prevention. Not to mention the fact that these committees were made up of the same ministers, they all aimed to prevent risky behaviour. From 2022, they have bee merged into the Prevention Council. The Council advises the Government in agreeing on prevention priorities, but also plays an important role in finding a common ground for action.

One of the main objectives of criminal policy, in particular prisons and probation, is the re-socialisation of offenders. “Yes, also punishing, but we have to think what will become after punishment,” the Minister of Justice underlined.

Speaking of the IT sector, the Minister of Justice said that last year almost 25% fewer computer crimes had been registered than a year before. This is the first time the number of computer crimes falls in the last decade. First and foremost, computer-related fraud decreased, but there were also fewer other computer crimes. “Hopefully this is a sign that, in addition to the good work of the police and the prosecution, information campaigns have borne fruit and people are more careful and know how to avoid becoming victims of fraud,” Danilson-Järg said.

The Minister said in conclusion that 2022 had been a busy year, when a number of important steps had been taken towards the objectives set out in the Fundamentals of Criminal Policy.

“This year, in 2023, the Ministry of Justice has made it a priority to prevent domestic violence, which often combines physical and psychological violence. Making criminal procedure and the activities supporting it more effective and quicker is also a priority. I will introduce the analysis and proposals for that to the Government in the coming weeks,” the Minister said.

Text of the report of Minister of Justice Lea Danilson-Järg.

Maris Lauri (Reform Party) took the floor during the debate.

One Act was passed at the third reading

The Act on Amendments to the Code of Criminal Procedure (684 SE), initiated by the Government, will bring Estonian law into conformity with three legal acts regulating the cooperation in criminal procedure between European Union Member States. As to two of the legal acts, the shortcomings have been pointed out in infringement proceedings initiated by the European Commission.

The amendments concern mainly the European Arrest Warrant regulation. The Act specifies the provisions on the circumstances precluding or restricting surrender of persons, provides that, upon recognition of European arrest warrants, the rights of Estonian citizens are equal with the rights of citizens of the European Union residing in Estonia on the basis of the permanent right of residence, amends the provisions on the postponement of surrender and temporary transfer and provides the final time limit of 60 days for execution of European arrest warrants and 30 days upon extension of surrender. The Act also specifies how consent regarding surrender and consent regarding an extension of surrender and further surrender is asked and amends the bases for temporary postponement of surrender by adding humanitarian considerations. In current law, only danger to the life of the person has been narrowly set out as the basis.

In addition, an implementing provision will be provided for in the Code of Criminal Procedure in connection with two extradition treaties entered into for the European Union, that is, the agreement on the surrender procedure between the Member States of the EU and Iceland and Norway, and the trade and cooperation agreement between the EU and the United Kingdom of Great Britain and Northern Ireland.

75 members of the Riigikogu supported the passing of the Act and one was against.

Two Acts which had been declared to be a matter of confidence were passed at the second reading

The purpose of the Act on Amendments to the Waste Act, the Packaging Act and the Tobacco Act (665 SE), initiated by the Government, is to reduce the quantity of waste generated, to encourage reuse and to reduce littering as well as to transpose a relevant EU directive.

The amendments arising from the directive concern the restrictions on the placing on the market of single-use plastic products, marking, consumption reduction, extended producer responsibility obligations, consumer awareness raising, product design requirements and separate collection. The objective is to reduce the impact of single-use plastic products on the environment, in particular the aquatic environment, and on human health, as well as to promote the transition to a circular economy with innovative and sustainable business models, products and materials.

According to the Act, it will be prohibited to place on the market both single-use plastic products and oxo-degradable plastic products. The prohibition will cover cotton bud sticks, cutlery, plates, straws, beverage stirrers, sticks for balloons and food and beverage containers and cups made of expanded polystyrene.

The Acts sets out how to reduce the consumption of single-use plastic food containers and cups for beverages by 2026. For example, from 1 January 2024, only reusable containers and cutlery will be allowed to be used to serve food and drink at public events.

The Acts specifies the requirements for separate collection of single-use plastic beverage bottles. By 2029, 90 per cent of such beverage bottles will have to be collected separately. Awareness raising measures will also be provided to incentivise responsible consumer behaviour and to reduce litter from single-use plastic products.

Minister of the Environment Madis Kallas presented a report.

During the debate, Erki Savisaar (Centre Party), Martin Helme (Estonian Conservative People’s Party), Toomas Jürgenstein (Social Democratic Party), Jürgen Ligi (Reform Party), Andres Metsoja (Isamaa), Mihhail Stalnuhhin, Peeter Ernits (Estonian Conservative People’s Party), Kalle Grünthal (Estonian Conservative People’s Party) and Tarmo Kruusimäe (Isamaa) took the floor.

54 members of the Riigikogu supported passing of the Act and 20 were against.

The Act on Amendments to the State Secrets and Classified Information of Foreign States Act and the Public Information Act (410 SE), initiated by the Government, will ensure national security and foreign relations by protecting classified information from disclosure and becoming known to persons without the right to access.

The Act updates the requirements on processing classified information to establish regulation that follows the principles of modern information management and paper-free office and covers modern ways of information processing and information carriers. The requirements on processing of classified information currently in force have been drawn up mainly in regard to paper documents, therefore they cannot be applied to the full extent and reasonably to classified information processed electronically. On the basis of this, the rules on marking and destroying of classified information will be updated, bringing them into conformity with the requirements of the Archives Act. Marking of classified media with classification markings and the issues relating to check of the existing files will be regulated in more detail at the level of a Regulation of the Government of the Republic.

The Act extends the decision-making competence of the originator of information concerning premature declassification and extension of term of classification of information. The Government of the Republic as a collegial body will continue to decide on the extension of the term for the classification of such state secrets that are entered in a medium submitted to the Government of the Republic or government committee for adopting a decision.

Granting natural persons outside the services in the area of government of a ministry the right of access to a state secret classified as ‘restricted’ will also be made more flexible.

Minister of Justice Lea Danilson-Järg made a report.

During the debate, Taavi Aas (Centre Party), Henn Põlluaas (Estonian Conservative People’s Party) and Mihhail Stalnuhhin took the floor.

54 members of the Riigikogu supported passing of the Act and 15 were against.

During the open microphone, Tarmo Kruusimäe took the floor.

The sitting ended at 5.48 p.m.

Verbatim record of the sitting (in Estonian)

Video recordings of the sittings of the Riigikogu can be viewed at https://www.youtube.com/riigikogu.
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Riigikogu Press Service
Gunnar Paal,
+372 631 6351, +372 5190 2837
gunnar.paal@riigikogu.ee
Questions: press@riigikogu.ee

Link uudisele: The Riigikogu received an overview of the implementation of the fundamentals of criminal policy

Source: Parliament of Estonia