1. Legal provisions
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1. Legal provisions Start Comparison
1.1 What are the relevant statutes and codes?

Domestic violence criminal provisions are included in the Penal Code and in Article 7 of the Constitution of Finland. There is no special provision; rather, the general crimes of rape and sexual assault apply as per Chapter 20 of the Penal Code. In Finland, except in special cases, the prosecutor has no right to start a prosecution if the victim does not press charges.

Other relevant statutes include the Marriage Act, the Child Welfare Act, the Sex Offense Code, the Act on Restraining Orders, the Act on Equality Between Women and Men and the Nondiscrimination Act.

Finnish criminal law no longer contains specific provisions concerning domestic violence, as Chapter 19 of the Penal Code, which previously governed this area, was repealed in 1998. Instead, the general laws concerning violent crimes are now applied equally in domestic violence cases.

The public prosecutor may bring charges against the victim's direction even for petty assault if the offender is a spouse or former spouse, sibling or direct ascending or descending relative or a person who lives or has lived in a joint household with the victim, or if there is otherwise a corresponding personal relationship between the victim and the offender.

The two main chapters of the Criminal Code (Rikoslaki) that would apply to cases of domestic violence are as follows:[1]

1. Chapter 20 — Sex offenses

  1. Section 1 — Rape
  2. Section 2 — Aggravated rape
  3. Section 4 — Coercion into a sexual act
  4. Section 5 — Sexual abuse
  5. Section 5(a) — Sexual harassment
  6. Section 6 — Sexual abuse of a child
  7. Section 7 — Aggravated sexual abuse of a child

2. Chapter 21 — Homicide and bodily injury

  1. Section 1 — Manslaughter
  2. Section 2 — Murder
  3. Section 3 — Killing
  4. Section 4 — Infanticide
  5. Section 5 — Assault
  6. Section 6 — Aggravated assault
  7. Section 6(a) — Preparation of an aggravated offense against life or health
  8. Section 7 — Petty assault
  9. Section 8 — Negligent homicide
  10. Section 9 — Grossly negligent homicide
  11. Section 10 — Negligent bodily injury
  12. Section 11 — Grossly negligent bodily injury
  13. Section 13 — Imperilment
  14. Section 14 — Abandonment
  15. Section 15 — Neglect of rescue

3. Chapter 22 is also noteworthy in respect of the violation of a fetus, embryo and genetic inheritance.

1.2 What is the controlling case law?
Finland is a civil law jurisdiction so there is no binding case law. However, in the event of a matter of interpretation of the codex laws or when looking for a precedence, e.g., for the level of sentencing, the decisions of the Supreme Court can be referenced.
1.3 What are the specific parts of the court system that address domestic violence?
There does not appear to be a specific court other than the general criminal court. However, specialized prosecutors have been selected to deal with these issues.
1.4 What are potential causes of action?
Press criminal charges, civil action or preventive measures (restraining order).