The Law Between Finland And The Other Nordic Countries In The Implementation Of Judgments In Criminal Matters

Original Language Title: Laki Suomen ja muiden pohjoismaiden välisestä yhteistoiminnasta rikosasioissa annettujen tuomioiden täytäntöönpanossa

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1963/19630326

In accordance with the decision of the Parliament, provides for: fine and certain other assets of the penalties under section 1, Iceland, Norway, Sweden or Denmark, the decision by the Court, or in which someone has been sentenced to a fine or threat of fine or lose a certain object or other property, or the amount of money, or to compensate for the costs incurred in the proceedings in the criminal matter, may, upon request, be implemented in Finland.


Article 2 of the decision, the fee shall be the amount of money that is to be converted to cash in the implementation of the request is granted, the decision of the previous days of the purchase of the Finnish rate.


section 3 is carried out according to Finnish law. The fine, however, is not here to be converted in one of the most.


section 4 of the kind of judgment or decision, which in Finland 1 section, can be left to be implemented in Iceland, Norway, Sweden or Denmark.


The implementation of article 5 of the freedom of the penalty in Iceland, Norway and varödhald fangelsi sentenced convicted hefte and fengsel, in Sweden as well as in Denmark and straffarbete sentenced a convicted fängelse haefte and penalties involving deprivation of liberty may, at their request, named faengsel implemented in Finland, the implementation of the future, if the sentenced person is a Finnish citizen or permanently resident in Finland or, if the sentenced person is an alien who is staying here permanently in Finland at the time of the date specified in the asumatta, and the measure in this case, it is considered appropriate to the circumstances.
The above is provided for, in regard to the conversion of the fine penalty.


(5) (a) section (16.3.2001/237) in the absence of the person, to which Iceland, Norway, Sweden or Denmark, has been sentenced to a penalty involving deprivation of liberty, in Finland, in Finland by or otherwise map to the continuation of the enforcement of the sentence or, in order to ensure the implementation of the arrest of a legitimate officer may take custody of the convicted person, if the State in which the sanction is imposed. The request to the authority of the State concerned, may be made directly to the arrest of a legitimate official. The store is immediately notified to the District Court at the place of business where keeping the store takes place, as well as to the relevant Prosecutor's Office and the Ministry of Justice.


section 5 (b) (16.3.2001/237) after receipt of notification of the detention on the District Court there is an urgent need to take the thing to deal with in the order in which the processing of the claim and in the event of detention to decide whether the measure is annulled. The decision of the District Court shall immediately report to the Ministry of Justice.
The store and the store is, mutatis mutandis, in effect, what the imprisonment and pre-trial detention in the law the juge des libertés (806/2011) and pre-trial detention Act (768/2005). (July 22, 2011/824), section 5 (c) (16.3.2001/237) in the Ministry of Justice is of the opinion that there is a barrier to the implementation of the sentence, it shall specify a container taken immediately on release. The store is also taken to let free, unless the Ministry of Justice has not received the request for the implementation and accompanying documents within 40 days of detention. The store taken is to let free no later than the time when the deprivation of liberty an aggregate time in Finland, and in a State where a penalty is imposed, is responsible for the time in which the sentenced person would have had their freedom menettäneenä in the event that the sanction would have been relevant in a foreign State.
Custodial penalty to be enforced must be deducted from the corresponding time of the Penal Code (39/1889) in accordance with article 11 of Chapter 3.


Article 5 (d) (16.3.2001/237) Sentenced to detention, rather than to impose a travel ban. Travel ban is, mutatis mutandis, in effect, what it provides, the juge des Libertés law and what the store contact provided for in this Act.


Article 5 (e) (25/11/2011/1172) the convicted person has the right to use the Assistant.
The condemned man must provide for the Defender, if he so requests. The imposition of a defender, on behalf of the public authorities, as well as representation, otherwise, shall apply to the Criminal Procedure Act (689/1997) provided for in Chapter 2. The number of Criminal penalties, the establishment of a defender of the central management unit. The Defender can also arrest on a District Court or any other court in this Act referred to in this matter. The condemned man shall, without delay, to sort out his right to use the Assistant, as well as the fact that he may be prescribed. (28.11.2014/988)
If the sentenced person is in another Nordic country and for him is the determination of the legal assistant, provided the Defender there requires that it is the point of view of legal security of the convicted person.
The amount of State funds to be paid by the Ministry of Justice to a great defender of fair compensation, which is to the detriment of the State.


section 6 (19.7.1974/621) in the implementation of the Decision, in which the request is granted, it is a penalty converted by the same period.


section 7: in one of the converted the penalty will be implemented according to Finnish law, as determined by the implementation of the judgment. (19.4.1991/704)
The penalty provided for in Finland due to be reduced, what about the other in the North of the country have been implemented. If the sentenced person is custodial moved to Finland, is the amount of time that has passed since the establishment of his destinations, read the punishment for the penalty.
The implementation of the conversion of the penalty of a fine, the amount of the fine is paid in full if the equivalent in cash. If part of the fine is paid, is reduced by the same proportion, as the conversion of the penalty payment is equivalent to the amount of the penalty, a fine conversion; No part of the day in this case, not to be taken into account and not provided for in the law of conversion penalty to reduce the minimum period of transformation of the Finnish.


section 8 in Finland sentenced to imprisonment or a fine penalty conversion can be implemented in Iceland, Norway, Sweden or Denmark, the implementation of the future, if the sentenced person is a national of or permanently in the North of the country concerned is resident there, or if convicted, although it is not a national of the country concerned or does not live there permanently, during the implementation of the conditions in that country, and the territory can be considered inappropriate. (19.7.1974/621) is repealed by L:lla 19.7.1974/621.

If the sentenced person is moved from Finland to the rest of the North of the country for the purpose of the execution of the sentence is the penalty for the time to read the beginning on the day on which the Finnish authorities took him into custody for the purpose of implementation, if you did not have it before starting.


section 9 from Iceland, Norway, Sweden or Denmark to Finland, or Finland, with the rest of the North of the country for the implementation of the freedom of the penalty applicable to the person transferred pursuant to extradition between Finland and the other Nordic countries on 3 June 1960 (270/60), the provisions of article 7 and 18, unless the convicted have either been exiled or banished from the country concerned.

(L) on extradition between Finland and the other Nordic countries, 270/1960 is repealed by L:lla on extradition between Finland and the other Nordic countries, 1383/2007.



Community service (28.11.2014/988), section 9 (a) (28.11.2014/988) in another Nordic country on community service, the conditions of the transfer of sentenced person in another Nordic country or community service, which is called samfunnstraff samfélagsþjónusta in Iceland, Norway, Sweden, Denmark, samfundstjeneste, samhällstjänst, and can be either a sole penalty, or combined with the conditional sentence, or at the request of the treatment for the protection of the control implementation in Sweden in Finland.
A prerequisite for the transfer of the enforcement of the penalty referred to in subparagraph (1) is the unit of the establishment of the criminal sanction, the consent of the Central Administration. Consent may be given, if the implementation of a community service in Finland, the personal circumstances of the convicted person, or any other special reason would contribute to his ability to adapt to the society.


section 9 (b) (28.11.2014/988) in another Nordic country of Finland in Finland, the implementation of the interface of community service have been moved to section 9 (a): the meaning of community service will be the length as it is in Finland, Iceland, Norway, Sweden or Denmark, the sentenced person, or prescribed. Community service enforcement shall be governed by, what community service.
If the time limit referred to in paragraph (a) of community service is in Iceland, Norway, Sweden or Denmark attached to the terms or provisions, that it is not possible to be implemented in Finland, the unit of the establishment of the criminal sanction of the Central Government cannot confirm the changes.


section 9 c (28.11.2014/988) community service in one of the provisions applicable to the conversion of the absolute


Iceland, Norway, Sweden or Denmark to Finland for the execution of the convicted and transferred to a specified or community service for converting absolute imprisonment shall apply to the conversion of his community service. In this case, the one hour without performing the community service will be converted into one for a day of unconditional imprisonment. The implementation of such a sentence, shall apply to the detention.


Article 9 d (28.11.2014/988) community service the referral of the case to another Nordic country, the Court may transfer the case to the municipal service in the conversion of the North to the country in which the judgment was given or where the sentenced person is therein, if the Court is of the opinion that in Iceland, Norway, Sweden or Denmark or sentenced to community service would be in Finland to be converted as an absolute. This can be done also, if measures need to be taken as a result of the failure to comply with the judgment of conviction has left or provided on the basis of specific conditions or regulations.
If community service is ordered by the administrative authority, that is, in the cases referred to in subparagraph (1) to be transferred to the authority.


9 (e) of section (28.11.2014/988) in Finland, the implementation of the municipal service of the sentenced person in another Nordic country in Finland sentenced to community service or conditional terms of imprisonment, the oheisrangaistuksena has been sentenced to community service, can be transferred to the implemented in Iceland, Norway, Sweden or Denmark, where the competent authority of the country concerned, this agrees. A condition of submission is that the Criminal penalties of the transfer of the institution in the central management unit assesses the implementation of the community service in another Nordic country, your personal circumstances of the convicted person or the specific reason why would his chances to adapt to the society.
If the competent authority in the North of the country in which the punishment as referred to in sub-section 1 has been moved to implement the provisions of the terms of service or, to change the community, which the sentenced person is required to comply with, this decision is binding also in Finland.
If the competent authority in Iceland, Norway, Sweden or Denmark to move to Finland, the issue of conversion of municipal service, the penalty may be ordered in Finland. In this case, in Finland, the community service of a judgement given by the Court of Justice shall have jurisdiction to hear and determine the case.


9 (f) of section (28.11.2014/988) in another Nordic country decided to change, conversion and cancellation if the competent authority in Iceland, Norway, Sweden or Denmark to change in Finland due to the referred community service related terms or provisions, which the sentenced person is required to comply with, or if the authority to convert or set aside under section 9 (a) referred to the community service, the decision is valid in Finland. If the provisions of the amended or conditions in Finland, it is not possible to implement the unit of the establishment of the Central Government, Criminal penalties can confirm changes in them.


section 9 g (28.11.2014/988) representation, legal assistant sentenced to community service and community service the convicted person has the right to representation, as the Assistant and provides in article 5 (e).


Conditionally condemned the measures relating to the control of a person, article 10 of which in Iceland, Norway, Sweden or Denmark in the context of a conditional sentence is on the set, at the request of Justice, can be arranged in Finland.


in the decision, article 11 of which provides for the control of the convicted person to be held in Finland on the conditional, is by following, mutatis mutandis, to the imposition of conditional supervision of detention, what controller (634/2010), at the same time, provide a supervisor and, subject to the conditions set out in the provisions in the context of a conditional sentence or be here to apply, adopt amendments to try and control-with the exception of the time. (24.6.2010/636)
If Iceland, Norway, Sweden or Denmark, the competent authority, that the conditions imposed on the convicted person to change the subject or declare a conditional suspension granted the judgment proceeds, whether a decision to that effect, in respect of the provisions of the terms and, where applicable, by following what has been said in the first paragraph, a qualified also in Finland.

(L) the control of conditional imprisonment 634/2010 has been revoked on the implementation of the sanctions, 400/L:lla community by 2015.



section 12: Iceland, Norway, Sweden or Denmark conditionally sentenced person the person's control, that it has been decided to organize in Finland, you can close the application of article 11 of the law on the control of conditional imprisonment. (24.6.2010/636)
Once the control has been arranged in Finland, is a conditional imprisonment, imposition and execution apply, unless otherwise provided for below, of the Penal Code (39/1889) (2) (b), the provisions of chapter. (on 14 June 2001/524) (3) repealed by L:lla 13.2.1976/138.



section 13 (on 14 June 2001/524) indeed, the other Nordic countries, the supervision of conditionally sentenced person has not been decided to organize in Finland, can be, if the trial period for a criminal offence, condemned him to declare to have been revoked by the application of criminal law, a conditional penalty advantage (2) (b), the provisions of chapter.


section 14, by ordering in Iceland, Norway, Sweden or Denmark to be implemented conditionally sentenced to the penalty, the Court shall apply the law to the provisions of article 2 and 6.
If the imposition of the penalty for the offence in a conditional judgment is suspended, the following will be the Court of Justice if it considers that the suspension must lose, to impose a penalty for an offence according to Finnish law, and this penalty to be implemented.
Considering that in another Nordic country sentenced to conditional punishment should be determined on the basis of the provisions of Chapter 2 (b) of the criminal code to be implemented in relation to the treatment of the subject should take action as a result of that he failed to comply with the judgment or required by the special conditions or regulations adopted pursuant to, the Court may refer the case to the Court of arbitration in the State in which the judgment was given or the sentenced person is responsible. (on 14 June 2001/524), section 15, of the result of the conditional sentence in Finland on the specified control can be left to be held in Iceland, Norway, Sweden or Denmark.
If it is in the North of the country, where the checks by the competent authority, the conditions set out in the provisions to be complied with, or to change the sentenced person, whether a decision to that effect, valid also in Finland.
Notwithstanding the fact that in Finland the conditionally sentenced person control is organized in another Nordic country, you can also decide on the measure, the sentenced person in Finland, when he will be here during or before the fact that the conditional sentence is a test for any offence or any other Nordic country, the relevant authority has been delegated to the discretion of the Court of justice the question of the action in Finland. In the latter case, it is the decision of the Court, a measure which has delivered its judgment.


section 16 If Iceland, Norway, Sweden or Denmark, the competent authority of Finland, the conditional suspension granted the judgment proceeds, is a decision to be valid in Finland.


Conditionally exempt from the measures relating to the control of a person, article 17 of which have been released on parole for freedom from suffering in Iceland, Norway, Sweden, fangelsi fengsel fängelse, or straffarbete, or the names of a custodial sentence, in Denmark faengsel may, upon request, be arranged in Finland.


section 18 of the Decision, which provides for the discharge of the person's conditional supervision to be held in Finland, is at the same time, provide for the administrator, and, subject to the conditions set out in the provisions of the conditionally released or to be complied with, cannot be here to apply, reinforce changes in this information; test and control periods shall not, however, muutettako.
If Iceland, Norway, Sweden or Denmark, the competent authority, the conditions to be complied with, or to change the provisions of the released conditionally, or the number of probation revoked, let this decision, in respect of the provisions of the terms and conditions, where applicable, by following what has been said in the first paragraph, a qualified also in Finland.


Article 19, after the control has been organized in Finland, is being monitored, unless otherwise provided for below, apply to the implementation of the regulation on sanctions in Chapter 2, the provisions relating to the freedom of the probation. The trial period shall not, however, appointed pitennettäväksi.


section 20 Sellaisenkin the freedom of the penalty referred to in article 17, sustained by the parole of a person, a decision has been made to organize the supervision in Finland, the Finnish Court to condemn him to punishment for an offence during the probation period for new order to lose parole.


section 21 If in Iceland, Norway, Sweden or Denmark parole released into the person subject to the condition laid down in Finland to lose their freedom, the Court may order the execution of the punishment of the criminal code 2 c the residue number within the meaning of article 14, as the person concerned would not be here allowed parole. (23 September 2005/787)

Considering that the other Nordic countries in terms of the area of freedom of a person on parole should take action as a result of that he has failed to comply with the conditions imposed or made by him during the trial period for a new crime, the relevant authority may, subject to the imposition of a condition of freedom, refer the matter to the measure in the State, where the sentenced person is released on parole or in which he is responsible.


section 22 in Finland, the parole of a person's control may be left to be held in Iceland, Norway, Sweden or Denmark. (19.7.1974/621)
If it is in the North of the country by the competent authority, in which the control is organized, change the parole conditions to be complied with, the person of the provisions of this decision or be valid in Finland.
Notwithstanding the fact that in Finland the parole of a person's control is organized in another Nordic country, you can also decide on the measure him in Finland, when conditionally released here to be sentenced for the offence during the probation period, or the rest of the Nordic countries, the relevant authority has been delegated to the consideration of the question of the action of the Finnish authorities.


section 23 If Iceland, Norway, Sweden or Denmark, the competent authority of Finland, the conditional discharge of a person to lose parole, is also a valid in Finland.


Common provisions section 24 (28.11.2014/988) under this Act (a), 1, 5, 9, 10, or the request referred to in section 17 of the Act makes the Iceland, Norway, Sweden or Denmark, the competent authority.
The unit of the establishment of the criminal sanction of the Central Government, will decide whether it is 5, 9, 10 (a), or to the request referred to in article 17, to agree to. The right to the registration centre referred to in article 1 shall be decided upon by the acceptability of the request.


Article 25, Iceland, Norway, Sweden or Denmark, a crime for which a conviction, the prosecution is a Finnish court pending or resolved in a final judgment, or the crime of the Prosecutor General has ordered the prosecution to withdraw shall not get in Finland. (11.3.1997/206)
The sentence should not be imposed to be implemented in Finland, unless it is not enforceable in the State in which the judgment was given.


Article 26 (28.11.2014/989), the unit of the establishment of the criminal sanction of the Central Government, shall consult with the convicted before it decides to suostumisestaan 5, 9, 10 (a), or to the request referred to in section 17 of the Act. Administrative law shall apply to the hearing (434/2003) provides for the consultation of the interested party.
The unit of the establishment of criminal sanctions in the decision to agree to the request referred to in paragraph 1 shall be notified by the Administration is required by law. Decision may be appealed to the Helsinki Administrative Court as administrative act (586/1996). The complaint is to be dealt with as a matter of urgency. The Helsinki Administrative Court decision may not be appealed.
The unit of the establishment of criminal penalties, the decision can be implemented, despite the appeal.


section 27 (28.11.2014/988), which means 8 or 9 (e) in line with the implementation of article 15 or in the organisation of the control provided for in article 22, in Iceland, Norway, Sweden or Denmark, the present Criminal sanction institution in the central management unit. The request shall be accompanied by the opinion of the sentenced person, or a certificate attesting that the condemned man has been given an opportunity to comment on the matter. The request, which is in line with the implementation of article 4, make a legal Register Centre.
If the request is for the conversion of the fine, penalty, criminal penalties must provide for the establishment of the central administrative unit of transformation for the length and expiration time.


section 28 (28.11.2014/989), the unit of the establishment of criminal penalties, if the Central Government has agreed to the request, which is 1, 5, 9 (a), for the purposes of section 10 or 17, or if a suspended sentence or parole 13 or 20 within the meaning of section provides for the confiscation, in Finland may not be prosecuted for an offence for which a judgment given in another Nordic country.


section 29 (19 March 2010/180), Iceland, Norway, Sweden or Denmark for taking into account the collective punishment of the convicted person for the imposition of the penalty provided for in article 9 of the Penal Code, Chapter 7.


section 30 (28.11.2014/988) in 1, 5 or 9 (a) the implementation of the request referred to in section have been agreed to, the limitation period shall be made to the enforcement of a judgment in accordance with the law of the State in which the judgment has been convicted of or a decision has been taken.
In Finland, the authenticity of an amnesty, the judgment applies to the provisions relating to Finnish amnesty. Also the Nordic country might grant amnesty to tuomitsemansa to comply with the judgment of the person, which has been moved to Finland. In this case, the judgment of the Court of Justice to apply their own rules on amnesty.


section 31 When someone custodial transported to Denmark, Iceland, Norway, Sweden or any other of those countries, gets him without a special permit to transport through the territory of Finland.


for the purposes of this law, section 32 is also a Judgment or other decision or ruling, the Court which, according to the law of the State concerned, shall have the same effect as a judgment.


Article 33 the costs incurred for the implementation of this law in Finland of the fall, if they are not specified, depending on the implementation, to the detriment of the inherited State.


Article 34 the regulation may be the Ministry of Justice under this Act of the power to decide on 1 and 4 on the implementation of the arrangements referred to in article of faith wholly or in part, to the County Government.


for details on the implementation of the provisions of this law, article 35 and shall be adopted for the application of the regulation.


section 36 of this Act shall enter into force on 1 October 1963.
The regulation provides for the isolation of Iceland, Norway, Sweden and Denmark, where from this law shall apply in Finnish, and without the State.
This law, appropriate measures may be taken in respect of judgments given before the entry into force of the law. Before the entry into force of the laws of the freedom of the penalty for convicted let convicted, however, siirrettäkö in Finland, unless he's writing to have it applied for, and was granted a conditional suspension of the judgment of the crime or the freedom of the appointed probation revoked.

The change of the date of entry into force and the application of the acts: 621: this Law 19.7.1974/shall enter into force on 1 July 1975. Article 8 provided for imprisonment, also applies to the entry into force of the laws passed prior to the punishment room.




13.2.1976/138: this law shall enter into force on 1 April 1976.




19.4.1991/704: this law shall enter into force on 1 April 1992.
THEY LaVm 15/40/90, 90/314/90 of 11.3.1997, SuVm 206: this law shall enter into force on 1 December 1997.
THEY 131/1996, LaVM/20, 1996, on 8 August 1997/753/1996 EV 237: THEY 48/1997, LaVM 8/1997, EV 85/1997 16.2.2001/142: this law shall enter into force on 1 August 2001.
THEY LaVM 136/2000, 13/2000 EV 212/2000 16.3.2001/237: this law shall enter into force on 25 March 2001.
THEY'RE 1/2/2001, LaVM 2001, EV 8/2001 on 14 June 2001/524: this law shall enter into force on 1 September 2001.
THEY LaVM 177/2000, 8/2001, of 15 July 2005/543 EV 46/2001: this law shall enter into force on 2 August 2005.
THEY'RE 56/2005, LaVM/2005, 7 EV, 84/2005, the Council framework decision 2003/577/JHA, OJ No L L 196, 2.8.2003, p. 45 on 23 September 2005/774: this law shall enter into force on 1 October 2006.
THEY LaVM 263/2004, (EC) No 10/2005 on the PeVL 20/2005, EV 98/2005 23 September 2005/787: this law shall enter into force on 1 October 2006.
THEY LaVM 262/2004, (EC) No 9/2005, EV 97/2005 19 March 2010/180: this law shall enter into force on the 15th day of August, 2010.
THEY LaVM 261/2009, 1/2010, EV 8/2010 24.6.2010/636: this law shall enter into force on January 1, 2011.
THEY 229/2009, LaVM 6/2010 therefore, EV 59/2010/732: this law shall enter into force on 1 September 2011.
THEY, LaVM 35/279/2010 2010, EV 312/2010 July 22, 2011/8: this law shall enter into force on 1 January 2014.
THEY LaVM 44/222/2010, 2010, EV 374/2010 25/11/2011/1172: this law shall enter into force on 5 December 2011.
THEY LaVM 4/10/2011, 2011, EV 23/2011, Council framework decision 2008/909/JHA (32008F0909); OJ L 327, 5.12.2008, p. 27, Council framework decision 2008/947/JHA (32008F0947); OJ L 337, 16.12.2008, p. 102 28.11.2014/988: this law shall enter into force on 1 January 2015.
This law does not apply, if the request for the transfer of the implementation of the municipal service is made prior to the entry into force of this law.
THEY'RE 97/2014, LaVM 9/2014, EV 120/2014