As a general rule, the Estonian state can prosecute individuals and companies for acts committed within its territory. The law includes certain exceptions, allowing Estonia's Penal Code to apply to crimes committed outside the country's borders if they threaten the lives and health of Estonian residents, the functioning of state authority, national defense or the environment.

This list is exhaustive, meaning it's debatable whether the state can prosecute those who damage important communication cables, gas pipelines or electricity connections located in Estonia's economic waters. The situation becomes even more complicated when it comes to cables such as the communication line running from Hiiumaa to Sweden, parts of which lie outside any country's jurisdiction.

To address this, Minister of Justice Liisa Pakosta (Eesti 200) proposed a legal amendment to the government that would clarify the matter.

"We're saying that no matter where a cable serving Estonia is damaged, we will enforce our jurisdiction and prosecute," Pakosta said.

Defense minister to propose amendments for detaining vessels in economic zone

Under the Ministry of Justice's proposal, the list of exceptions in the Penal Code would be expanded to include external infrastructure connections. However, a separate issue arises regarding how to enforce criminal jurisdiction if the perpetrator chooses not to visit Estonia.

The law does state that, in accordance with international maritime law, a state has the right to detain ships even in its exclusive economic zone. However, the current Exclusive Economic Zone Act includes a closed list of circumstances under which a ship may be pursued, stopped and detained if it refuses to comply with a state official's orders. These circumstances are limited to cases of pollution, illegal fishing and unauthorized research. According to Pakosta, plans are in place to amend this section as well.

"At Thursday's cabinet meeting, it was decided that I will prepare the amendments concerning criminal law and the minister of defense will handle the provisions related to intervention and stopping ships," Pakosta explained. "After that, we will review the complete framework together with the government to see how it all fits together."

Justice minister: No need to prove intent

The minister of justice has several additional proposals to amend the Penal Code. "We want anyone considering disrupting our economy or people's way of life to refrain from doing so due to the high penalties involved," said Liisa Pakosta. "Therefore, we are making the Penal Code more deterrent, so that people will genuinely fear losing something very significant."

Currently, the law allows for up to five years of imprisonment for damaging or destroying critical systems. For legal entities, the Penal Code permits fines of up to €40 million — a penalty cap that applies to most crimes.

Pakosta suggested that those responsible for damaging communication cables could face up to 10 years in prison, along with increased fines.

"We're still assessing the exact figure within the government, but it could be raised by at least half — to around €60 million," she added. The requirement to compensate the state for damages caused would also remain in the law.

The justice minister noted that the law currently allows punishment only for intentional damage to infrastructure that affects Estonia. In her view, this provision should also be revised.

"Marine maps are widely accessible and clearly show the locations of all cables, including buffer zones around them," Pakosta explained. She added that if a ship drops anchor near a cable or gas pipeline, it should immediately stop. "Even incidents caused by negligence or other reasons should be punishable," she said.

In addition, Pakosta believes that attempts to damage critical connections should also be criminalized, referring to the Eagle S vessel, which recently damaged the EstLink 2 power cable and several communication cables.

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