Estonia tightening criminal law to protect underwater infrastructure

TALLINN - The Estonian government has approved and forwarded to the parliament a bill that would increase the penalties for damaging underwater infrastructure.

The legislative amendments would also broaden the possibilities for holding accountable those who vandalize other persons' property and those who violate the requirements concerning state secrets and classified information.

The amendments will supplement the Penal Code in a way that allows for holding accountable also those who cause damage to an underwater cable or pipeline out of negligence. The maximum penalty for damaging critical underwater infrastructure will be 10 years of imprisonment. For the sake of legal clarity and stronger deterrence, Estonian criminal law will also apply to offenses committed on the Estonian continental shelf or in the country's exclusive economic zone.

The changes were prompted by recent incidents in the Baltic Sea, where important subsea infrastructure has been damaged.

"A repetition of these incidents cannot be tolerated. Undersea cables and pipelines are critical to our security and security of supply. Clearly, we need greater legal clarity and stronger deterrence against such acts. When the punishment can mean up to 10 years in prison or a fine as high as four billion euros for a legal person, the message is clear -- Estonia is very serious about protecting critical infrastructure," Minister of Justice and Digital Affairs Liisa Pakosta said.

The bill would also introduce provisions allowing surveillance activities in criminal proceedings concerning cases of significant damage to another person's property. This change primarily concerns cases that, upon further scrutiny, are found to be operations commissioned by hostile foreign intelligence services.

Furthermore, the amendments will extend criminal liability to violations of requirements related to state secrets and classified information committed outside Estonian territory.