The legal process - yhteiskuntaorientaatio.fi
The legal process begins with a pre-trial investigation and ends with a sentence
In Finland, the courts evaluate the legal solution to conflict situations or whether a crime has occurred. The courts can also enforce penalties. The Criminal Code (rikoslaki) defines which acts are punishable and what this punishment can be.
Sometimes legal processes can be long. For example, you may have to wait for a trial, because the courts can be overloaded.
The police uses the pre-trial investigation to determine whether a crime has been committed
If the police have reason to suspect that a crime has been committed, the police start a pre-trial investigation. During the investigation, the police find out in more detail what has occurred. If the pre-trial investigation presumes that a crime has been committed, the police transfers the matter to the prosecutor. The police can also impose a fine or propose conciliation or mediation (sovittelu) between the parties.
If the crime is subject to official prosecution (virallisen syytteen alainen rikos), the police investigate the crime even if the victim does not demand this. These crimes include homicide and assault.
If the crime is such that prosecution rests with the plaintiff (asianomistajarikos), the police only investigates the crime if the plaintiff so wishes. These crimes include, for example, defamation or home invasion.
Sometimes the parties can opt for mediation
Mediation means that the matter and, for example, the payment of reimbursements is settled between the parties without taking the case to court. Mediation is always voluntary. Mediation offices (sovittelutoimisto) evaluate whether the matter can be solved through mediation. Mediations always include trained mediators whose task is to make sure that both parties accept the solution of the mediation. The outcome of the mediation is legally binding for the parties.
The persecutor decides whether to press charges
When the police have transferred the matter to the prosecutor, the prosecutor investigates the case and decides whether the matter will proceed to the court. The prosecutor can decide to drop the charges, for example, if the crime is petty or mediation has already occurred. The prosecutor can also enforce fines or suggest mediation.
The persecutor decides whether to press charges
If the prosecutor presses charges, the matter is processed in court. The court solves disputes and decides whether the law has been broken.
The primary instance is the district court, which gives a decision on the matter. The district court proceedings can be oral or written. In an oral proceeding, the parties (the accused, the plaintiff or the victim, and the prosecutor) state from their own point of view what has happened.
During a trial, experts and witnesses can be heard. The parties can use legal aid during the trail. Sometimes the court can hear the witness on the phone or through a video connection.
If the witness is afraid, the court can hear them at a different time than the accused or from behind a screen. Then the witness does not need to see or meet the accused in court. In extreme cases, the witness can be placed under witness protection where they can temporarily receive a new name and place of residence.
If you are unsatisfied with the court’s decision, you can complain to a higher instance
If a person is unsatisfied with the decision of the district court, they can file a complaint with the higher instance, which is the court of appeal. The court of appeal deals with complaints for district court decisions. Sometimes the court of appeal can change the district court’s decision.
If the parties are not satisfied with the decision of the court of appeal, they can apply for a complaint to the Supreme Court. The Supreme Court is the final and highest instance in Finland. The Supreme Court only tries matters which have been granted leave to appeal to the Supreme Court. This leave to appeal is only rarely granted.
The Supreme Court only tries cases of social significance. Such cases include the likes of which have not been tried before and which can eventually serve as precedents. The district courts and the courts of appeal usually adhere to precedents when they decide on judgements in following similar cases.
If you feel that you have not been treated according to human rights in the Finnish legal proceedings, you can file a complaint for your own legal proceeding to the European Courts of Human Rights. You can file a complaint if all national legal processes have been used.
The outcome of the case can determine who pays for the legal costs
Fees connected to the trial include the court fee, fees for legal aids – for example attorneys, as well as reimbursements paid to witnesses.
In civil cases (riita-asia), meaning disputes between individuals or businesses, the losing party often needs to pay for the legal costs of the other party. Sometimes both parties are responsible for their own expenses. The fear of high costs can sometimes prevent people from taking civil cases to court.
In criminal cases, the court often makes the accused pay for the legal costs if they are found guilty. If the accused is declared not guilty, they can apply for reimbursements for their legal costs.
Penalties vary according to the crime
The authorities, the police, the prosecutor and courts can impose penalties if someone has committed a crime.
If the crime is not very serious, the penalty can be a fine paid to the state. Other common penalties in Finland include imprisonment, community service (yhdyskuntapalvelu) and a monitoring sentence (valvontarangaistus). Imprisonment can be unconditional, meaning the sentence is served in prison, or it can be conditional. Conditional imprisonment means that the sentenced person does not directly need to go to prison, but rather they are on probation. If the sentenced person does not commit any new crimes during the probation period, they do not need to serve their sentence in prison.
In addition to penalties, the sentenced person may have to pay compensations for criminal damages to the victim. A foreign national sentenced for a crime can in some cases be deported from Finland. This means that their residence permit will lapse and they must leave Finland.
Finland does not have the death penalty.
The sentence will be entered into the criminal record
If a person commits a crime, this will result in an entry in their criminal record. The criminal record is a database with information about everyone who has been sentenced for a crime. Fines do not usually result in an entry, but all other sentences lead to an entry.
A criminal record can prevent receiving a residence permit or getting some jobs, or at least it makes it more difficult to get a job. How long the information is stored in the register depends on the severity of the sentence.
Crimes committed by children and youths are dealt with differently than those by adults
Children under the age of 15 do not have criminal liability in Finland. If they commit a crime, they do not need to go to court. However, they are liable for any damage that they cause. Damages to be compensated can include, for example, broken property, injuries or suffering caused to another person. Often, in practice, the child pays these compensations when they are an adult and start to receive an income.
If a child under the age of 15 commits a crime, a child welfare notification is made. This means a notification to the social welfare authorities. The social welfare authorities investigate the child’s situation and find out how they can be helped. In more serious cases, the child may be taken into care and be placed in a closed child welfare institution if this is necessary for the safety of themselves and others.
More information about child welfare notifications and a child’s substitute care in Support for families in difficult situations
If the youth who commits the crime is between the age of 15 and 17, the court can issue a juvenile penalty (nuorisorangaistus). The purpose of this is to prevent the youth from committing new crimes or from becoming socially excluded. The juvenile penalty can be monitored unpaid work or participation in programmes which promote the youth’s capabilities in social situations.
The police or prosecutor can issue a fixed fine or unit fine without a trial
If the crime is small, the police or prosecutor can issue a fixed fine (rikesakko) or a unit fine (päiväsakko). In such a case, the matter does not go through the criminal procedure and the matter is not tried in court. The person who is issued the fine, as well as the possible victim of the crime, must agree to the matter being resolved through a fine procedure. If either the perpetrator or the victim opposes the fine procedure, the matter is transferred to the criminal procedure.
The fixed fine is issued for small crimes, usually traffic violations. A fixed fine can be issued for driving slightly over the speeding limit.
The size of the unit fine depends on both the severity of the crime and the perpetrator’s income. Based on the severity of the crime, the authority decides how many unit fines must be paid. The income determines the amount of the unit. A person with a large income must thus pay a much larger fine than someone with a small income. The idea behind this is that it would be unjust if the fine would be the same size for everybody, because then it would be a more severe punishment for someone with a small income than for someone with a large income. A unit fine can be issued for petty theft and most traffic violations.
Legal aid is everyone’s right
In Finland, all people have the right to legal aid if they have legal issues. The government helps people with a low income which is not sufficient to pay for attorney fees. Legal aid can include an attorney for the trial, legal advice, help with mediation negotiations, and help with compiling documents, contracts or complaints. If a person needs legal aid, they must apply for this from the legal aid office.
If a person is charged for a crime, they have the right to defence. Sometimes the court issues the defence. This may occur if the accused is underage or otherwise unable to defend themselves. The victim of the crime can also receive an aid or a support person for the trial.