NCJ Number
198144
Date Published
1997
Length
44 pages
Annotation
This booklet presents and describes the fundamental principles and basic structure of Finland's criminal law and criminal justice system.
Abstract
This report begins with a demographic profile of Finland that encompasses population size and trends, population centers, immigration, industrial structure, and economic conditions. The second section of the report describes the basic structure of Finnish criminal law and the criminal justice system. The foundation for the Finnish legal system was laid during the centuries when Finland was part of Sweden. The system shares many traits with the other Nordic systems, and the basic sources of law are the Constitution and the Acts of Parliament. The basic statute in criminal law is the 1889 Criminal Code, which has been amended extensively since its initial adoption. Its total reform has been under preparation since 1972, with two major partial amendments to the Criminal Code being implemented in 1990 and 1995. Currently, the fundamental principles in criminal law include the principles of legality, equality, and humaneness. Due process or fair trial as the right of access to court, an independent and impartial tribunal, the presumption of innocence, and guarantees of procedural rights have traditionally been recognized in Finnish procedural law. Proportionality requires that the criminal sanction of an offense be in proportion to its blameworthiness. No one is liable for conduct committed when he or she is under 15 years old or when he or she lacks penal capacity due to insanity. The police constitute a national police force that is organized under the supervision of the Ministry of the Interior. The exercise of police powers, including the use of force, is subject to close supervision, not only by senior police officials, but also by the Ombudsman of Parliament and the Chancellor of Justice. Charges for an offense can be brought either by the public prosecutor or the injured party. The court system is arranged in three tiers: local court (court of first instance), six courts of appeal, and the Supreme Court. Sentencing is relatively uniform, in accordance with the principle of predictability. The general forms of punishment are the petty fine, the day fine, community service, and imprisonment. This booklet contains separate sections on the major elements of Finland's criminal justice system and procedures. 16 references and appended chapter headings of the Criminal Code