The Ministry of Justice and Digital Affairs has finalized a bill of amendments to the Anti-Corruption Act under which violations of procedural restrictions, or conflict-of-interest rules, would only trigger criminal liability if someone has suffered harm or benefited as a result.  

Pakosta said the reform is needed to clarify legal boundaries and prevent unnecessary prosecutions.

"The bill needs to move quickly," she said, adding that misinformation around the issue has created confusion for professionals and institutions including doctors and universities awaiting legal clarity so they can continue their work.

She said the Riigikogu has already debated the bill extensively, and the current revision focused on one disputed provision rather than removing punishments altogether.

The key question has been whether criminal liability should depend on actual harm or benefit, or whether a formal breach alone is sufficient.

"The dispute was over whether we are talking about contract volume or actual harm, and whether harm should even be taken into account, or whether a transaction alone — no matter how noble — is enough to essentially open the door to prison," Pakosta said, arguing that the latter approach isn't supported by either the public or the courts.

"Courts have increasingly acquitted people under this provision, signaling that it shouldn't be applied this way," she noted.

Under the proposed updates, prosecutors would need to establish that an official acted for personal gain or caused harm for a procedural restriction violation case to proceed.

"I want clearer laws in Estonia, and don't want to subject people to lengthy criminal proceedings in cases where no harm or benefit exists," Pakosta said.

'It's the Riigikogu that decides'

The justice minister also pushed back on criticism that the changes would weaken enforcement, saying investigators already assess harm and benefit under current rules.

"In that sense, the work won't change dramatically," she said.

Pakosta noted that while the Prosecutor's Office has supported clarifying the threshold for launching cases, the Interior Ministry has suggested the issue should instead be handled by a separate Anti-Corruption Act review working group expected to report later this year.

"I'd like to remind everyone of a basic principle of governance: it is the Riigikogu, as the representative of the people, that decides what needs to be changed and when," the justice minister said.

"The Riigikogu is my boss too," she added. "If the Riigikogu has decided to take up this issue, then I fully support that."

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