5. Prosecutorial considerations
Jump to
5. Prosecutorial considerations Start Comparison
5.1 Police procedures

5.1.1 When do the police get involved in domestic disputes or legal actions?
The police may be called to the scene of a domestic dispute and they may issue a temporary restraining order when removing a violent family member from the home.[20]
5.1.2 What circumstances effect law firm involvement?
The parties have the right to use a lawyer in relation to restraining order proceedings and they are entitled to free legal assistance if the conditions laid down in the Legal Aid Act (257/2002) are met.
5.2 Standard of proof

5.2.1 Is proof required by any legal means?
The prosecutor needs to establish the guilt of the accused, but no standard of proof exists.
5.2.2 Are there any requirements regarding evidence and documents?
The prosecutor (and the defense) must introduce evidence (documents and witness testimonies) supporting their allegations.
5.2.3 Is proof "beyond a reasonable doubt" required?
No, Finnish criminal procedure does not specify the standard of proof.
5.2.4 Is the standard of proof different for ex parte orders?

Beyond reasonable doubt is only requested to provide that an admission was voluntary. Measures are provided when the accused is absent from the proceedings to ensure a fair trial.

5.3 Affirmative defenses

5.3.1 Are affirmative defenses available to the accused?
N/A
5.3.2 Is willful intent required?

Negligence may be considered as a basis for criminal liability.[21]

Criminal Code (515/2003) Section 6 — Intent

A perpetrator has intentionally committed a crime as described in the statutory definition.

Criminal Code (515/2003) Section 7 — Negligence

The conduct of a person is negligent if they violate the duty to take the care called for in the circumstances and that are required of them, even though they could have complied with it (negligence). Whether or not negligence is to be deemed gross (gross negligence) is decided based on an overall assessment. In the assessment, the significance of the duty to take care, the importance of the interests endangered and the probability of the violation, the deliberateness of taking the risk and other circumstances connected with the act and the perpetrator are taken into account. An act that is deemed to have occurred more through an accident than through negligence is not punishable.
5.3.3 Are false accusations punishable for the victim?
N/A
5.3.4 How is consent discussed in the law?
N/A
5.3.5 Is self-defense or insanity a defense?

Self-defense in governed by Chapter 4, Section 4 of the Criminal Code, which states the following:

  1. An act that is necessary to defend against an ongoing or imminent unlawful attack is lawful as self-defense, unless the act manifestly exceeds what in an overall assessment is to be deemed justifiable, taking into account the nature and strength of the attack, the identity of the defender and the attacker, and other circumstances.
  2. However, if the defense exceeds the limits of self-defense (excessive self-defense), the perpetrator is exempt from criminal liability if the circumstances were such that the perpetrator could not reasonably have been expected to have acted otherwise, taking into account the dangerousness and sudden nature of the attack, and the situation generally.

The impact of mental illness on criminal liability is governed under Chapter 3, Sections 4 and 5 of the Criminal Code.

Section 4 — The age of criminal liability and criminal responsibility:

  1. The prerequisites for criminal liability are that the perpetrator had reached 15 years old at the time of the act and that they were criminally responsible.
  2. The perpetrator is not criminally responsible if at the time of the act, due to mental illness, severe mental deficiency, a serious mental disturbance or a serious disturbance of consciousness, they were not able to understand the factual nature or unlawfulness of their act, or their ability to control their behavior was decisively weakened due to such a reason (criminal irresponsibility).
  3. If the perpetrator is not criminally irresponsible pursuant to subsection 2 but, due to mental illness, mental deficiency, mental disturbance or disturbance of consciousness, their ability to understand the factual nature or unlawfulness of their act or their ability to control their behavior was significantly weakened (diminished responsibility), the provisions in Chapter 6, Section 8(3) and 8(4) are to be taken into account when determining the sentence.
  4. Intoxication or another temporary mental disturbance induced by the perpetrator themselves is not taken into account when assessing criminal responsibility unless there are particularly weighty reasons for this.
  5. If due to the mental condition of the person accused of an offense the court waives punishment, unless this is obviously unnecessary, the court will submit for clarification the question of their need for treatment, as provided in Section 21 of the Mental Health Act (1116/1990).

Section 5 — Imputability:

  1. Intent or negligence is a prerequisite for criminal liability.
  2. Unless otherwise provided, an act referred to in the Criminal Code is only punishable as an intentional act.
  3. What is provided in subsection 2 applies to an act referred to elsewhere in law for which the statutory maximum sentence is imprisonment for more than six months or on which the penal provision has been issued after this law entered into force.
See also Chapter 4, Section 5 (necessity) of the Criminal Code; Section 6 (use of forcible measures) of the Criminal Code; and Section 7 (mitigation of penal liability) of the Criminal Code. 
5.4 Witness status

5.4.1 What is a witness's duty to testify honestly and completely?
A person who under oath or affirmation in court, or in official proceedings comparable to a trial, negligently makes a false statement in the case or conceals a pertinent circumstance will be sentenced for a negligent false statement to a fine or to imprisonment for six months at most.[22]
5.4.2 Who may abstain from testifying in certain situations?

According to Section 20 of the Code of Judicial Procedure (571/1948), a person may not refuse to testify. However, the following need not testify against their will:

  1. a person who is or has been married, or who is engaged to one of the parties
  2. a person who is a direct ascendant or descendant of a party, or who is or has been married to a person related to a party in said manner
  3. the siblings or the spouses of the siblings of a party, or the adoptive parents or adopted children of a party

The following is according to Section 21 of the Code of Judicial Procedure (360/2003):[23]

  1. A person who has not reached 15 years old or who is mentally disabled may be heard as a witness, or for probative purposes if the court deems this appropriate and if (i) hearing them personally is of central significance to clarifying the matter and (ii) hearing the person would probably not cause the person suffering or other harm that can injure them or their development.
  2. As necessary, the court will appoint a support person for the person to be heard and the provisions in Chapter 2 of the Criminal Procedure Act (689/1997) on a support person to be appointed for a party apply to this person.
  3. The person to be heard will be questioned by the court unless the court deems there to be a particular reason to allow the parties to question the person as provided in Section 33 of the Code of Judicial Procedure. The parties will be reserved an opportunity to submit, through the court, questions to the person to be heard or, if the court deems this suitable, directly to the person to be heard. If necessary, the hearing may take place elsewhere than in the courtroom.
5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?

It does not seem to be an "excuse" for a witness to refuse to testify. However, the following is according to Section 18 of the Witnesses Act (690/1997):[24]

  1. Anyone other than a party to the case may be heard as a witness. In a criminal case, the injured party may not be heard as a witness even if they do not exercise their right to be heard as a party; in a civil case, a person may not be heard as a witness if the eventual judgment will be to their benefit or detriment as if they were a party.
  2. In a criminal case, the following may not be heard as witnesses:
    1. a person who has been accused of the same act or of an act immediately connected to the act to which the charge pertain;
    2. a person who has been given a summary fine or a summary penal fee for the act referred to in paragraph 1
    3. a person whose act has not been submitted for prosecution in accordance with Chapter 3, Section 9 of the Criminal Investigation Act (805/2011) or whose prosecution has been waived in accordance with Chapter 1, Sections 7 or 8 of the Criminal Procedure Act, or a similar provision elsewhere in law
  3. If a person referred to in subsection 1 or subsection 2 but not a party to the case is to be heard in court, the provisions on the summoning, the absence and hearing of a party apply, insofar as appropriate, to that person. The provisions on the right of a witness to receive compensation for appearing in court apply, insofar as appropriate, to that person.
5.4.4 What is the impact of domestic violence on witnesses who are children?
Please see Section 5.4.2.
5.4.5 Can children be called upon to testify?
Please see Section 5.4.2.
5.4.6 What is the effect of a child victim on the charges against the offender?
N/A
5.5 Penalties and sentencing; penalty enhancements

5.5.1 What are the penalties and sentencing laws for first-time domestic violence offenses?
N/A
5.5.2 Are there criminal penalties?

The Criminal Code[25] sets out general aggravating and mitigating factors in sentencing, specifically Chapter 6, Sections 5-8.[26]

The Penal Code, 19 December 1889/39,[27] does not specifically address a domestic violence offense; however, Chapter 20 covers sexual offenses and sets the penalties for rape at a minimum sentence of six months to a maximum of 10 years of imprisonment.
5.5.3 What is the result of a violation of an existing order for protection?

Violating a restraining order is punishable under Chapter 16, Section 9(a) of the Criminal Code (39/1889). Violating a restraining order can be punished with a fine or with up to one year of imprisonment.

Violating a restraining order is a crime subject to official prosecution, in which case the prosecutor has the right to take the case to court.[28]
5.5.4 What fines and other penalties are imposed besides incarceration and liberty restriction?
N/A
5.6 Post-release restrictions

5.6.1 Does the law notify the victim of the offender's release from custody?
N/A