Definitions of Key Legal Terms Criminal Proceeding And

CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN FINLAND

Fair Trials is a non-governmental organisation that works for the right to a fair trial according to internationally-recognised standards of justice.

This factsheet covers:

- Definitions of key legal terms; - Information about criminal proceedings and defence rights in Finland; and - Useful Links

We have prepared this factsheet with the assistance of local criminal lawyers, who tried to describe how things happen in reality. Even within one country, however, practice can vary greatly from one place to another your own experience could differ from the descriptions below. This document does not constitute legal advice and only provides general information. If you need advice in relation to your specific case, or if you are concerned about a possible violation of your rights, you should discuss this with your local lawyer.

If you think an important question is not covered by this note, please let us know by filling out the sheet attached at the end. We would also appreciate it if you could also take a few moments to give us some feedback about this note. Your comments will help us to improve our services.

“Fair Trials” comprises Fair Trials International and Fair Trials Europe. Fair Trials International is a registered charity (no. 1134586) and in 2010 was incorporated with limited liability in England Wales (no. 7135273). Fair Trials Europe is a registered public foundation in Belgium (registered number 0552.688.677). We were initially founded in 1992 with the name “Fair Trials Abroad”.

IMPORTANT

This leaflet was last updated in September 2014. The information contained in this document is provided for information purposes only and is not intended as legal advice, nor does it constitute legal advice. Whilst we endeavour to keep the information up to date and correct, Fair Trials makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or applicability to individual cases of the information contained in this leaflet. Any reliance you place on such material is therefore strictly at your own risk. Fair Trials disclaims any liability to the fullest extent permissible by law for any loss or damage of any kind arising from the use of the information provided. You should always seek professional legal advice from a lawyer qualified to practice in the jurisdiction you are in.

DEFINITIONS OF KEY LEGAL TERMS

Appeal (muutoksenhaku / överklagande): An opportunity to dispute a decision made at trial by asking a higher court to review it. This can result in the decision being overturned or changed.

Arrest Warrant (pidätysmääräys / arresteringsorder): A document authorising the police to make an arrest, search premises, or carry out some other action relating to the administration of justice.

Bail (vapauttaminen takuita vastaan): The temporary release from police custody or prison of a person accused of a crime and awaiting trial.

Bar Association (asianajajaliitto / advokatförbund): An organisation whose role is to represent lawyers and help people in their dealings with lawyers

Charge/Indictment (syyte / åtal): An official statement accusing a person of committing an offence.

Conditional release (ehdonalainen vapaus / villkorlig frihet): The same as “parole”. This is where you are conditionally released from prison before serving your full sentence.

Consulate (konsulaatti / konsulat): The section of the embassy whose task is to assist its citizens.

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. Court of Appeal (hovioikeus / hovrätt): The court that is competent to hear appeals (i.e. challenges) made to decisions of the lower courts. Sometimes in serious cases a trial will initially be held in the Court of Appeal.

Court of First Instance (käräjäoikeus / tingsrätt): A lower court where a trial (usually) is initially heard. In Finland, the court of first instance is usually the District Court.

Embassy (suurlähetystö / ambassad): The office of a government official who resides in a foreign country and represents his/her government’s interests.

European Court of Human Rights (Euroopan ihmisoikeustuomioistuin / Europeiska domstolen för de mänskliga rättigheterna): The Court is based in Strasbourg, France, and hears human rights cases against the 47 countries which make up the Council of Europe (which is different from the European Union).

Inquisitorial System (inkvisitorinen menetelmä / inkvisitoriskt system): A system in which the judge plays an active role in conducting the investigations and seeking the truth. This system is followed in France and many other European countries (but not in the UK). Unlike in adversarial systems such as the UK and the USA, the role of the defence lawyer is to ensure that his/her client’s rights are respected, but it is not to investigate the case. An important part of the trial can be based on written submissions.

Investigative Judge (tutkintatuomari / undersökningsdomare): A judge who performs an examining role and is actively involved in the conduct of investigations.

Judge (tuomari / domare): A person with authority to hear and decide on cases in a court of law.

Judgment (tuomio / dom): A decision on a case provided by a judge in a court of law.

Lawyer (asianajaja / advokat): A person whose profession is to give legal advice and assistance to clients and represent them in court or in other legal matters.

Legal Aid (oikeusapu / rättshjälp): Financial assistance provided to a person who needs a lawyer and who cannot afford to pay for one.

Plea Bargain (syyteneuvottelu / åtalsuppgörelse): A procedure which allows the defendant to plead guilty in exchange for a less severe sentence.

Police Custody (poliisivankeus): Detention of a suspect by the police after arrest

Pre-trial Detention (tutkintavankeus / häktning): Detention in prison during the investigations (and often during the trial itself as well), which happens before the decision on guilt or innocence is made by the court.

Public Prosecutor (syyttäjä / åklagare): A person who conducts a case against a person who is accused of a crime.

Remand (palauttaa (vangita)): The act of sending a person, accused of a crime, into prison until the trial.

Sentence (rangaistus / straff): The punishment assigned to a person convicted of a crime as fixed by a court of law.

Victim is known as “uhri” in Finnish, and “offer” in Swedish.

Warrant (määräys / order): A document issued by a legal or government official authorising the police to make an arrest, search premises, or carry out some other action relating to the administration of justice.

Witness is known as “todistaja” in Finnish, and “vittne” in Swedish.

Written procedure (kirjallinen menettely / skriftligt förfarande): A quicker procedure for less serious offences. Instead of an oral hearing, written arguments are submitted to a judge who makes his judgment without the involved parties being present.

INFORMATION ON CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN FINLAND

Q1. WHERE DO THE LAWS OF FINLAND APPLY?

The laws covered here apply to the entirety of Finland. The law of Finland also applies in the Åland Islands (Ahvenanmaa), an autonomous Swedish-speaking province of Finland. (Some laws in the Åland Islands are specific to the province, so some of the information provided in this booklet do not apply).

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. Q2. WHAT ARE MY RIGHTS UPON BEING DETAINED?

If you are arrested, the police must decide within three days whether or not they wish you detain you for longer, and you should be produced before the court within four days of your arrest.

(a) Right to information:

(i) Will the police inform me of my rights? Will this be done orally or in writing?

The police must inform you of your rights in writing. You should be given this right both under local laws, which as of September 2014 were soon to come into force, and under EU law.

(ii) Do I have the right to be informed of the allegations / charges against me?

The police must immediately inform you of the reason for your arrest.

(b) The right to inform people:

(i) Do I have a right to have the consulate informed of my detention?

It is your right for your local embassy or consulate to be informed of your arrest, if you are not a Finnish citizen.

(ii) Do I have a right to inform my family of my detention?

The police must inform one of your family members or another person about your arrest if you ask them to. Your request may be refused if they believe this could interfere with ongoing criminal investigations.

As a general rule, you have the right to be in touch with your family and others, unless the police decide to restrict your contact with them. The police have the power to restrict contact until your first court hearing. If the court decides to keep you in detention, you have the right to inform a member of your family or someone else about your arrest.

Yes, you have the right to a lawyer of your choice, and the police should inform you of this in writing immediately after being brought to the place of detention.

(d) Do I have a right to a translator/interpreter?

If you do not speak Finnish or Swedish, the police will arrange for an interpreter to assist you during the questioning – you will not have to pay.

Some police officers will be able to speak English and exceptionally other languages during questioning, in which case they may not use an interpreter. However, if you feel that you and the police officer still do not understand each other because of language issues, you have the right to demand an interpreter.

At the end of questioning, you and the interpreter will read through the record of the interview together, so that you can point out whether or not the police have recorded something incorrectly. This is important because the record may be relied on by the police as evidence in court.

You also have the right to a free interpreter when talking alone with your lawyer in preparation for questioning.

(e) Do I have to talk to the police or can I remain silent during police interrogation? Will it work against me if I am silent?

You have the right to remain silent and you do not need to answer any questions. However, you do need to provide your correct personal details.

Generally, if you know of any evidence that would help solve the crime and remove suspicion against you, it may be sensible to communicate this during police questions.

Furthermore, during the trial, the court may take into account the fact that you did not answer questions. Although remaining silent is not in itself sufficient evidence to convict you, failing to mention something during questioning which you later seek to rely on in court may harm the credibility of your story.

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. However, these are all matters that you should discuss with your lawyer, who is best placed to advise you. If you have not seen a lawyer, it is often advisable to remain silent.

Q3. WHEN WILL I KNOW ABOUT THE CASE AGAINST ME?

The police must inform you and your lawyer of the progress of the investigation, and any evidence they have found concerning your participation in the crime, unless they believe this would undermine the investigation. In that case, you have the right to be told when the investigation has ended.

If, following the investigation, the prosecutor decides that there is sufficient evidence to charge you with the crime, all the evidence will be made available to you and your lawyer.

Q4. HOW DO I FIND A LAWYER? WHAT IS THE ROLE OF MY LAWYER?

(a) How do I find a lawyer?

If you want to find a lawyer who specialises in criminal law it is best to get in touch with the Finnish Bar Association. The Legal Aid Offices may also be able to help you (see the “useful links” section for contact details.) If you are not a Finnish citizen, your consular representative may also be able to provide you with a list of lawyers who speak your native language.

Finland has three types of practising lawyers: advocates/attorneys at law; licensed lawyers; and public legal aid attorneys.

Members of the Bar Association are termed ‘advocates’ or ‘attorneys at law’ (asianajaja / advokat). Their competence requirements are the strictest. The police also have a list of members of the Bar Association practising criminal law.

If you have not been able to get in touch with a lawyer that you want, or you feel that you were not given the opportunity to instruct a lawyer of your own choice, you may send a short application to the court for an appointment of a public defender (puolustaja / försvarare). In the application, you may name a specific lawyer that you want, or leave the choice of lawyer to the court. The application must be in Finnish or Swedish, and you may ask the interpreter to help you.

The police should help and advise you in getting the application to the court. In the application, you should provide your personal details and basic information, including the place where you are, the time of your arrest, the crime report number, or at least the name of the police officer in charge of your case, and the crime of which you are suspected, and your signature.

You should mention in your application that you are in police detention and that you need a lawyer for your defence, but you are not able to get in touch with the one of your choice. This application may be sent to the court by post, fax or email.

(b) I cannot afford to pay for a private lawyer, what should I do?

Upon your request, the court appoints a ‘public defender’ (puolustaja / försvarare) whose fees are covered by the State in the following circumstances:

- If you are being suspected of an offence for which you could face more than 4 months’ imprisonment;

- If the police have made the decision to arrest you; or

- If you are currently in detention

A lawyer may be appointed automatically by the court in specific circumstances if, for example, you are considered incapable of defending yourself, but in most cases you will need to specifically ask for a lawyer to be appointed.

Public defenders are normally private lawyers, and if you are convicted, you may be required to reimburse the state. If you are unable to pay back the fees, you may be eligible for legal aid, in which case, depending on your income, you may have reimburse anywhere between 0 and 75% of the lawyer’s fees.

You can choose your own lawyer. You can choose either a private attorney (who may be an advocate/attorney at law (asianajaja / advokat), a licensed lawyer (lupalakimies), or a Public Legal Aid Attorney (julkinen oikeusavustaja / offentligt rättsbiträde).

You can ask the court for a public defender, if it has not already appointed one for you.

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation.

If you are not entitled to a public defender, you may seek assistance from the legal aid office, if you are entitled to legal aid. The legal aid office may either appoint a private lawyer of your choice, or give legal aid themselves by appointing a public legal aid attorney. Legal aid offices could also help you find a private lawyer who may be in a position to help. If a legal aid lawyer is appointed, legal aid covers the lawyer’s fees regardless of whether the lawyer is public or private. If the legal aid office considers that you do not need a lawyer, legal aid only covers court fees and necessary translations. You can ask the court to review the legal aid office’s decision to refuse certain types of assistance.

To be entitled to any form of legal aid, your monthly means must be less than 1,300 Euros or, if you live with a spouse, less than 2,400 Euros (as of September 2014).

If the prosecutor decides that there is sufficient evidence to charge you, your lawyer will help you prepare your case. They can help you request further investigation if you think that the police investigation is incomplete; collect evidence to support your case; interpret and prepare replies to the investigation material; and they can help you arrange for witnesses to speak in your defence.

At the pre-trial stage, your lawyer may draft a written statement (‘loppulausunto’) at the end of the police investigation after having seen all the evidence, in support of your defence.

Your lawyer can assist you with applications for bail, and appeals against their outcomes. Your lawyer may also participate in the police questioning.

(d) I am unhappy with my lawyer: How can I change lawyer? How can I complain about my lawyer?

If the lawyer is privately paid, you are free to change your lawyer. However, if your lawyer already has started to assist you in the court proceedings, s/he may need the permission of the court for his/her release.

If you express your lawyer that you do not want him/her to represent you anymore, s/he may have a professional duty to ask for a release from the court.

If your lawyer was appointed by the court, you need to ask the court to appoint you a new lawyer. If the appointment is made by a legal aid office, it is up to the legal aid office to approve the change, unless you have already been formally charged, in which case the court must decide.

In general, you may find it useful to get in touch with a new lawyer who may help you to arrange the change.

You can contact the Finnish Bar Association and ask for their advice for the change. You can write to the Disciplinary Board of the Finnish Bar Association to complain about your lawyer (see “useful links” section). However, the complaint must be in Finnish or Swedish. You can also contact the Chancellor of Justice (see “useful links” section).

Q5. WILL I HAVE TO STAY IN PRISON UNTIL MY TRIAL STARTS? IF SO, FOR HOW LONG?

The information given below is specific to Finland. For general information and tips about how to obtain your release prior to your trial, please refer to our note of advice on Applying for Release Pending Trial.

(a) Will I have to stay in prison until my trial starts? What are the alternatives?

After your arrest, the police may apply to a court in order to detain you in prison; this application must happen within three days of your arrest. A court hearing considering this application must take place within four days of your arrest. If the court decides that you should be kept in prison, they will set a date by which the charges against you must be brought. However this deadline may be extended if the prosecutor requests it; an extension would also be decided with a court hearing.

As well as ordering your detention, if it thinks it is necessary the court may place restrictions on your contacts in prison – this could mean that you would only be able to contact your lawyer.

An alternative to detention is that the court may release you but place you under a travel ban (although if you do not have a permanent address in Finland, you are unlikely to get a travel ban).

There is no bail system (whereby you are temporarily released from jail in exchange for a security, usually in the form of financial payment) in Finland.

(b) How long can I be kept in prison before my trial starts?

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation.

In criminal cases heard in District Courts (käräjäoikeus / tingsrätt), trials usually take place within 3 months, and for more complicated cases, trials tend to take place within 7 months.

If you are detained, you may appeal against the detention order at the Court of Appeal at any time. This application should be made in writing. The Court of Appeal will consider your appeal as an urgent matter.

You can also make an application for release to the District Court, and ask it to review your detention. The District Court must review your detention within 4 days of your application, but this hearing cannot, as a general rule take place less than two weeks after a previous hearing. You should ask your lawyer about appealing and the best time to make an application for a new handling.

(d) Can I go back to my home country if I have been released pending my trial?

If the court decides at the detention hearing that you must be set free, you may leave the country freely. If the court places you under a travel ban, the court order will specify the content of the ban, including whether or not you can return to your home country.

(e) What will happen if I breach the conditions of my release?

You will be re-arrested.

(f) Do I need a lawyer to apply for release?

It is not a legal requirement for you to be assisted by a lawyer, but it is recommended.

Q6. HOW LONG BEFORE MY CASE GOES TO TRIAL?

In criminal cases heard in District Courts (käräjäoikeus / tingsrätt), trials usually take place within 3 months, and for more complicated cases, trials tend to take place within 7 months.

(a) There are always delays with my case, does that mean my lawyer is doing a bad job?

Delays are not unusual, so you cannot assume that your lawyer is responsible for the delays. However, you should discuss the situation with your lawyer in order to find out the reason for the delays.

Q7. CAN I PLEAD GUILTY? WHAT ARE THE CONSEQUENCES OF PLEADING GUILTY

You may admit to the police that you are guilty of the crime. Sometimes, if you confess and help with the investigation of the crime, this may help to reduce your sentence, but this is at the judge(s)’ discretion.

If you plead guilty to all or some of the charges during the trial, the court may not need to hear so much evidence. In simple criminal matters the defendant’s confession is usually enough for a judgment.

A confession does not affect your right to appeal, and you may also withdraw your confession at any time. However, even if you have withdrawn your confession, the court may take it into account when it considers whether you are guilty.

Finland is planning to introduce a plea-bargaining system from January 2015 which may mean that you could be tried under simplified procedures (or ‘confession trials’) if you have pleaded guilty. Plead-bargaining may be possible in cases where the maximum sentence is under 6 years (but not for violent offences and sexual offences). It will be up to the prosecutor to decide whether or not plea-bargaining is available in your case.

During confession trials, no other evidence other than your own confession, as a general rule, will be evaluated. Your hearing may take place before a single judge. The court will have access to pre-trial investigation records, in order to check that the charges and your confession are accurate.

Q8. WHAT HAPPENS AT TRIAL?

Not all cases go to trial. The prosecutor may decide to drop the charges. This could happen even if s/he believes that you are guilty, but feels that a trial is not necessary due to your age or because you have committed only a minor offence.

Certain minor offences can also be handled by written procedure (kirjallinen menettely / skriftligt förfarande), which means that there is no oral hearing in court.

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. If your case does go to trial, it will normally be heard in the District Court in the area where the crime was committed.

Oral hearings in criminal cases begin with the prosecutor explaining the charges brought against you. The victim’s claims may also be outlined.

You will then plead guilty or not guilty. You (through your lawyer) will also be expected to respond to any claims by the victim for financial compensation.

The prosecution will then outline their opening argument. Your lawyer will then outline your opening defence.

The next step is to hear the witnesses. Each witness must first take an oath. The parties and the judge(s) can then ask questions of the witness. The victim and the defendant can also be asked to give evidence. In addition, the court can accept evidence in writing.

The hearing will conclude with the parties’ closing arguments, summarising their points. If the case cannot be concluded within one day, the court will usually continue the following day.

(a) Do I have to be present?

Generally, you have the right to be present at a trial. However, you could have your case tried by a written procedure, in which all arguments are made in writing, and your case is decided in your absence. You could be tried under the written procedure if you have been accused of a minor offence (for which the penalty is unlikely to be more than 9 months’ imprisonment), and you have admitted to the charges against you. The written procedure can only take place with your consent, as well as that of the victim. The maximum sentence that you could be given under the written procedure is 9 months’ imprisonment.

If you have been accused of a minor offence, for which you face up to 3 months’ imprisonment, you could be tried in your absence at an oral hearing. You can also consent to being tried in your absence, in which case, the maximum sentence you could be handed down is 6 months’ imprisonment.

(There are new laws being considered under which you may not be permitted to attend your own hearing, mainly in the interest of protecting the victim. You should check with your lawyer to find out if this law has come into place, and if so, whether or not it affects your case).

You should also be aware that appeal hearings could also take place in your absence. If, for example, you were acquitted at the District Court, or sentenced only to a fine, the court of Appeal could, on appeal, impose a prison sentence, if it believes that you are deliberately avoiding your criminal proceedings. If you submit an appeal to challenge your conviction or sentence, and do not attend your appeal hearing, your appeal could be dismissed.

(b) Can I ask for the trial to take place in my home country?

You can only ask for your trial to take place in your home country, if the courts of your home country are prepared to try you for the same accusations. This happens very rarely, and you should seek clarification with your lawyer to find out whether this is possible in your case.

No. The case will be heard by either one judge; one judge and two or three lay judges; two judges and two or three lay judges; or three judges. Lay judges are non-legally trained judges who assist the professionally trained judge. The number of judges will depend on how serious the alleged crime is.

(d) Can my lawyer call and cross-examine witnesses?

You and your lawyer have the right to question all witnesses in the case. If you use a lawyer, s/he will generally ask the questions in court on your behalf.

There are some exceptions on your right to cross-examine witnesses at your trial. Child witnesses, for example, are not questioned in court, and they cannot be cross-examined.

You should also be aware that there are new laws being proposed which could mean that adult victims of sexual offences can choose only to be questioned at pre-trial stages by the police, and not be subject to cross- examination at trial.

(e) I don’t speak the language of the court, do I have a right to an interpreter? Is it free?

You have a right to an interpreter, who will be provided free of charge.

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. (f) Will the written evidence be translated for me?

You have a right to written or oral translations of written evidence, depending on how relevant they are to your defence, and some other factors, for example, the extent to which you can understand the contents of the evidence with the help of your lawyer.

(g) Will the interpreter also help me if I need to talk to my lawyer?

Yes, legal aid usually covers the fees of the interpreter used by your lawyer, but even if you are not eligible for legal aid the fees of the interpreter may be paid from the state funds.

(h) Why is the victim taking part in the trial?

In Finland, the victim plays a relatively large role in the trial. The victim may join in with the charge brought by the prosecutor or present a different charge. The victim also has the right to bring charges if the prosecutor decides not to go ahead with the charges. In addition, the victim may demand financial compensation from you.

(i) Will I be informed of the decision of the court on the day of the trial?

In most cases, the court will rule on the matter at the end of the hearing. In more complex cases, however, the court can decide to make its ruling at a later date. In these circumstances, the court will inform you of the date at which the decision will be ready.

The decision will indicate the final outcome of the case and reasons for the court’s decision, as well as the amount of any compensation you have to pay.

(j) Can I receive a copy of the judgment in my mother tongue?

As a general rule, you have a right to a copy of your judgment in a language that you understand. However, the judgment may instead be translated to you orally if appropriate.

(k) I was tried in my absence and was not informed of this, what can I do?

As highlighted in the answer to question 24, you could be tried in your absence under certain circumstances.

If you think that you may have been tried in your absence in a circumstance other than these, you should consult a lawyer at the earliest opportunity to see whether you can challenge the decision or obtain a re-trial.

Q9. I AM NOT HAPPY WITH THE DECISION, CAN I APPEAL AGAINST IT? HOW DO I APPEAL?

You have the right to appeal to the Court of Appeal against a District Court decision. However, if you have been handed down a sentence of 4 months’ imprisonment or less, you will need permission from the Court of Appeal to appeal. (There are new laws being discussed which would raise this sentence limit from 4 to 8 months).

You may appeal against the decision because you feel that the court did not evaluate the evidence correctly and/or because you think the court interpreted the law incorrectly.

You have 7 days to inform the District Court that you are not satisfied with the decision and intend to appeal. The appeal must be made in writing. It must be addressed to the Court of Appeal and submitted to the District Court that decided the matter.

(a) Do I need to pay my lawyer more money if there is an appeal?

Yes. If you qualify for legal aid, you can use it to cover your appeal costs. If you do not qualify for legal aid, you may receive compensation for your legal costs if your appeal is successful. However, if your appeal is unsuccessful, you will generally have to pay the legal costs of the State and the victim, as well as your own.

(b) What is the time frame for the appeal to take place?

The time frame for the appeal to be processed varies. If you are in prison, you appeal is likely to be heard more quickly. However, some appeals are more complicated than others and will take longer. Overall, appeals tend to take at least several months to process, and it is not unusual for you to have to wait for a year for your appeal to be heard.

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. If you appeal, the State, (and potentially the victim of the crime), can make a counter-appeal. In this they may demand, for example, that a sentence or amount of compensation be increased.

If you appeal and you are still in prison, the court may order your continued detention pending the outcome of the appeal. If you want to be released until the Court of Appeal makes its final decision, you can make an appeal against an order for detention, which will be heard as a matter of urgency.

Q10. I HAVE EXHAUSTED ALL LEGAL REMEDIES. WHAT OPTIONS DO I HAVE?

(a) Is it possible to get my case reviewed?

There are certain cases in which your conviction could be reviewed outside ordinary appeal procedures, for example, if there were some very serious procedural errors at your trial, or if new evidence, that strongly supports your defence but was not available at the time of your trial, is found.

If you are seeking to have your case reviewed for procedural reasons (tuomiovirhekantelu), you need to apply for a review within 6 months of the final court decision in your case. If you are seeking a review of your case on the basis of new evidence (tuomionpurkuhakemus), you need to make this request within one year of the new evidence being discovered.

Under Finnish law, you need a legal representative to assist you with the review process.

(b) Can I apply for a pardon?

It is possible that you could be released through a pardon by the President of the Republic. Pardons are rarely granted.

Q11. WHAT RIGHTS DO I HAVE AS A PRISONER?

(a) Do I have rights as a prisoner? Where can I find out about my rights?

As a prisoner you have some rights that cannot be taken away from you (e.g. the right to food and water; to see your lawyer; to be protected from bullying, violence, and racial harassment; to vote, etc.).

Your lawyer can provide you with more information on your rights.

Generally, Finland has a progressive justice system and prisoners’ rights are well respected. Prisoners are often given a lot of freedom with regard to contacting family members, working in prison and general rehabilitation activities.

(b) What can I do if my rights are violated? Where can I get assistance regarding my welfare issues, regarding abuse and mistreatment?

If you feel that a police or prison officer has acted incorrectly towards you, you can make what is called an administrative complaint. His or her actions will then be investigated. The complaint should be submitted to a higher police officer, or the Parliamentary Ombudsman (Eduskunnan Oikeusasuamies / Riksdagens Justitieombudsman) (see “useful links” section). The complaint must be made in writing.

If you suspect that a police or prison officer has committed a crime, you can make a crime report about him or her. The police have the duty to always register the report on the basis of your information.

If the police or prison staff treat you improperly, you should always ask your lawyer for advice on how to complain.

If you are not a Finnish citizen, any allegations of mistreatment in prison should also be discussed with your consular representative who can advise you on the complaints process.

Q12. CAN I GET MY SENTENCE REDUCED?

Finland operates a system of automatic parole, which means that provided you behave well in prison, you will be released before the end of your sentence in line with the automatic guidelines.

(a) What would help me get early release?

The automatic guidelines for parole, also called ‘conditional release’, work as follows:

- If you have not been in prison at any point for three years prior to the offence, you can be released after serving half your sentence.

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation.

- If you were under 21 years old when you committed the offence, you can be released after serving a third of your sentence.

- Otherwise, you can be released after serving two thirds of your sentence.

Note that you may be supervised during your parole / conditional release period.

The procedure for a life sentence is slightly different, and works as follows:

- If you have been given a life sentence, the earliest you can be released on parole is after at least 12 years of your sentence have been served.

- If you were younger than 21 when you were sentenced, you can be released at the earliest after 10 years of your sentence have been served.

Prisoners can also be released slightly earlier than these guidelines allow as part of a process called “supervised probationary freedom” (valvottu koevapaus / övervakad frihet på prov). The earliest you can be released under “supervised probationary freedom” is six months before you qualify for conditional release under the guidelines. If you are released on supervised probationary freedom, you will be supervised by the prison, and subject to certain restrictions and conditions, such as the requirement to reside in a particular place, to abstain from drugs and alcohol, and to be subject to electronic tagging.

(b) I have been sentenced to pay a fine, what will happen if I don’t pay it?

If you do not pay the fine imposed by the court, it may be converted to imprisonment. Three unpaid unit fines correspond to one day of imprisonment.

Q13. CAN I GO BACK TO MY HOME COUNTRY?

(a) Can I serve my prison sentence in my home country?

Yes, you can ask for a transfer if Finland and your home country have a prisoner transfer agreement. If there is no such agreement, a transfer may still be possible but will be more difficult to obtain. Before you can transfer you must renounce your right to any further appeals. Please refer to our ‘Prisoner Transfers’ note of advice for more information.

(b) Can I be expelled instead of serving my sentence?

There are currently no laws in Finland which would allow you to be expelled instead of serving your sentence. However, you could be transferred to your home country in order to serve a part of your sentence.

The authorities can deport you if they feel that you are a danger to the general order or general security. They have the power to bar you from re-entering Finland for up to 15 years, if you are an EU citizen, and if you are not an EU citizen, for 5 years, or indefinitely.

The Finnish Immigration Service (Maahanmuuttovirasto / Migrationsverket) will make the decision as to whether you are deported. You may appeal against this decision at the Administrative Court.

USEFUL LINKS

ORGANISATION MANDATE CONTACT DETAILS

LAW GOVERNING BODIES

Finnish Bar All lawyers using the professional title ‘Advocate’ are members of the Website: Association Finnish Bar Association. www.asianajajaliitto.fi

Suomen Asianajajaliitto You can write to the Disciplinary E: [email protected]

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. Board with any complaints regarding its members. Finlands Advokatförbund T: +358 (0)9 6866 120 Languages: Website available in Finnish, Swedish and English. F: +358 (0)9 6866 1299 Complaints to the Disciplinary Board have to be made in Finnish or Swedish. Simonkatu 12 B 16 P.O. Box 194 FI-00101 Helsinki

LEGAL AID

Legal Aid Offices Government department responsible for the administration of legal aid. Information on Legal Aid can be found in English on the Oikeusaputoimisto Legal Aid Offices legal aid applications and can provide the names of website of the Judicial attorneys who are qualified in particular areas of law. Has a central Administration: Rättshjälpsbyrå office as well as a number of smaller local offices. www.oikeus.fi/oikeusapu/en/

Helsinki E: [email protected]

T: +358 (0)29 56 6012 0 F: +358 (0)29 56 6013 9

PO Box 600, FI-00180 Helsinki

Turku E: turku [email protected]

T: +358 (0)29 56 6043 4 F: +358 (0)29 56 6043 9

Humalistonkatu 1, 4th Floor, FI-20100 Turku

Tampere E: tampere [email protected]

T: +358 (0)29 56 60730 F: +358 (0)29 56 60725

Alaverstaanraitti 2C, Tampellan alue, FI-33100 Tampere

OMBUDSMEN and COMPLAINTS COMMITTEES

Parliamentary The Ombudsman has the authority to intervene in cases involving the Website: Ombudsman actions of public officials. You can contact the Ombudsman if you have www.oikeusasiamies.fi complaints regarding police, prison officials or court officials. Eduskunnan E: Oikeusasuamies The complaint should be made within two years of the incident (unless [email protected] there are compelling reasons for not having done so). Riksdagens T: +358 (0)9 4321 Justitieombudsman The matter about which you are complaining must not be the subject of F: +358 (0)9 432 2268 a court hearing.

Languages: Website available in Finnish, Swedish, Sami, English, Arkadiankatu 3 German, French, Estonian and Russian FI-00102 Helsinki

Complaints can be filed in Finnish, Swedish, Sami, or if necessary, in English.

The Ombudsman for The Ombudsman for minorities promotes the status of ethnic minorities E: [email protected] Minorities and foreigners in Finland and tackles ethnic discrimination. T: +358 (0)295 488 666 Vähemmistövaltuutettu You can contact the Ombudsman for Minorities if you have experienced or observed ethnic discrimination, and file a complaint. PO Box 26, Minoritetsombudsmannen FI-00023 Valtioneuvosto Languages: The working languages of the Ombudsman for Minorities are Finnish, English and Swedish, but the website is also available in

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. Sami, Russian, Estonian, French, Spanish, Turkish, Albanian, Arabic, Chinese, Thai, Farsi, Vietnamese, Tagalog, Kurdish, Somali and Romani.

Chancellor of The Chancellor of Justice performs a function that is very similar to Website: Justice that of the Parliamentary Ombudsman. However the Chancellor of www.oikeuskansleri.fi Justice deals specifically with complaints concerning lawyers. Oikeuskansleri E: [email protected] Complaints should be made within two years of the incident (unless Justitiekanslern there are compelling reasons for not having done so). T: +358 (0)295 16001

The matter about which you are complaining must not be the subject of P.O. Box 20 a court hearing. FI-00023 Valtioneuvosto

Languages: Website available in Finnish, Swedish, Sami and English. Complaints can only be filed in Finnish or Swedish.

HUMAN RIGHTS

Finnish League for Human The Finnish League for Human Rights Affairs promotes the Website: Rights Affairs implementation of human rights in Finland, and aims to prevent www.ihmisoikeusliitto.fi violations from taking place. Ihmisoikeusliitto T: +358 (0)9 4155 2500

Förbundet för Mänskliga Simonkatu 8, 6th Floor Rättigheter FI-00100 Helsinki

INTERPRETERS

The Finnish Association The Finnish Association of Translators and Interpreters (known as Website: www.sktl.fi of Translators and ‘SKTL’) is a non-profit body that aims to promote professionalism and Interpreters quality in trnalstion and interpreting. Meritullinkatu 33A, FI-00170 Helsinki Suomen Kääntäjien ja The SKTL maintains a directory of interpreters and translators on its Tulkkien Liitto website

Finlands Översättar och Languages: Website available in Finnish, Swedish and English Tolkförbund Ry

ASSISTANCE FOR PRISONERS

KRIS – Rikollisten Organisation run by ex-prisoners which primarily supports prisoners Website: Revanssi Yhteiskunnassa upon their release from prison and helps them to reintegrate into www.kris.fi society. C.R.I.S Finland (Criminals’ T: +358 (0)5 0376 2180 Return In to Society) However, it also frequently sends representatives to some Finnish prisons, who are available to make appointments to speak to current prisoners about any issues that they may be having.

Languages: Website available in Finnish and English

Fair Trials would like to thank the law firms and individual practitioners, including Satu Wartiovaara (Asianajotoimisto Turku & Wartiovaara, Helsinki), who have generously given their time and expertise to help produce these legal guidance notes.

For a full list of our funders see www.fairtrials.org/get-involved/supporters/

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation.

Fair Trials aims to help people accused of crimes to understand and exercise their fair trial rights by providing information and referrals. We do not charge for any of our assistance.

If you complete this form, we may be able to:

- Send you general information, including advice about the local legal system that could be helpful to you; - Provide answers to any specific questions you might have; and - Refer you to local sources of support (for example, referrals to local lawyers, if appropriate).

We cannot provide any legal advice or representation that is specific to your case, and we are also unable to provide any welfare support or financial assistance.

Please fill out this form and send it back to: By Post: Fair Trials, Temple Chambers, 3/7 Temple Avenue, London, EC4Y 0HP, United Kingdom By Fax: +44 (0)20 7822 2371

All information will be treated confidentially, and in accordance with our privacy notice set out overleaf.

A) Personal Information

Full Name

Nationality

Your current address (your prison address, if you are in custody)

Prisoner Number (if applicable)

B) Legal Representation

Would you like referrals to local lawyers? Yes □ No □

Are you able to pay for a lawyer? Yes □ No □

Depending on the country, you may not be able to choose your own specific lawyer, if you cannot pay for one.

C) Fair Trials

How did you hear about us?

How did you receive this form?

If you have already seen any of our materials (e.g. ‘Arrested – Practical Guidance’), please let us know, and tell us which you have seen.

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. D) Further Information / Questions

We have printed materials on a range of topics where we are most often asked for help. Please tick on any of the following topics on which you would like further information.

Applying for Release Pending Trial □ Prisoner Transfers □ The European Arrest Warrant (‘EAW’) □ Criminal Records in the European Union □ INTERPOL Red Notices □

Use the space below to:

- Request clarifications on any information from us that you have already seen; - Highlight any specific information, or referrals that you believe could be helpful to you; and - Give us feedback or comments

Please be specific with any questions or requests you have.

E) Nominated Contact

It can sometimes be difficult for Fair Trials get in touch directly with people in prison. In such cases, it can be helpful if we are provided with the name and contact of a family member or a friend whom you are happy to nominate as Fair Trials’ point of contact. Please provide their details below:

Full Name: ……………………………………………………… Relationship to you: …………………………

Address: …………………………………………………………………………………………………………………………

Telephone: …………………………………………………… Email: ………………………………………………

F) Privacy Notice

We collect information about you when you complete and return this form. We use this information to assist you and otherwise provide support in relation to your case. Fair Trials will retain your information for up to six years after: 1) if we are notified about the end of your legal proceedings, from the date of notification; or 2) if we are not notified, the date of the last correspondence with you about your case. For more information about how we handle your personal information, please see the privacy policy on our website (www.fairtrials.org/privacy-policy). Please sign here to confirm that you have read and agree to the Privacy Notice in this form.

Full Name: ……………………………………………….. Signature: …………………………………………………….

Fair Trials – Criminal Proceedings and Defence Rights in Finland – September 2014

This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation.