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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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Law on cooperation in criminal matters between Finland and other Nordic countries

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In accordance with the decision of the Parliament:

Implementation of penalties for the fine and certain other assets
ARTICLE 1

Judgment or decision of the Icelandic, Norwegian, Swedish or Danish courts, or a judgment in which someone has been sentenced to a fine or periodic penalty payment of a particular object or other property, or to pay compensation for the criminal proceedings Of the costs incurred, may be implemented on request in Finland.

ARTICLE 2

The amount to be recovered shall be converted into Finnish currency by the decision of the date of purchase of the date prior to the decision.

ARTICLE 3

Implementation takes place according to Finnish law. However, this fine must not be converted into imprisonment.

§ 4

The judgment in Finland or the decision referred to in Article 1 may be submitted for enforcement in Iceland, Norway, Sweden or Denmark.

Implementation of the exemption
§ 5

In Iceland, fangelsi and fangelsi, convicted Hefte and fengsel, Swedish fängelse and straffarbete, as well as in Denmark, have been convicted of haefte and faengsel entitled 'Freedom sentences' may, upon request, be enforced in Finland if convicted Is a Finnish national or permanently resident in Finland or, if the sentenced person is a foreigner who does not reside permanently in Finland at that time, and, in that case, the measure must be kept Appropriate.

As set out above, the fine shall also apply to the conversion of the fine.

§ 5a (16 MARCH 2001)

If a person who has been sentenced in Iceland, Norway, Sweden or Denmark has been sentenced to a custodial sentence, by fleeing to Finland or otherwise in Finland, the execution or extension of the sentence may be carried out by a person entitled to detention In order to ensure the detention of the sentenced person, if the State in which the penalty is imposed is requested. Such a request may be made by the authority of the State concerned directly to the official who is entitled to arrest. The detention shall be promptly notified to the district court of the place where the detention is to take place, as well as to the prosecutor concerned and the Ministry of Justice.

§ 5b (16 MARCH 2001)

Upon receipt of the notification, the District Court shall, as a matter of urgency, take the matter under consideration in the order in which the detention order is handled and decide whether the measure should remain in force. The district court must immediately inform the Ministry of Justice.

Maintaining and maintaining detention shall apply mutatis mutandis to the detention and detention of prisoners in the Forced Instrumental Act. (2006) And pre-trial detention (1768/2005) Provides. (22/2011/824)

Article 5c (16 MARCH 2001)

If the Ministry of Justice considers that there is an obstacle to the implementation of the penalty, it shall order it to be released immediately. The detention shall also be released if the Ministry of Justice has not received any request for implementation and any accompanying documents within 40 days of the detention. The detention shall be released at the latest at the latest when the combined time of deprivation of liberty in Finland and the State in which the sentence has been imposed corresponds to the time the sentenced person had been deprived of his liberty in the event of: The implementation of the sanction would have taken place in the foreign country concerned.

The period for deprivation of liberty shall be deducted from the implementation of the Penal Code (39/1889) Article 11 of Chapter 3 In accordance with

Article 5d (16 MARCH 2001)

The sentenced person may be subject to a travel ban instead of being detained. The travel ban shall apply mutatis mutandis, as laid down in the Law on Forced Aspects, and which detention is provided for in this Act.

Article 5e (25.11.2012)

The sentenced person shall have the right to use the assistant.

The judge must be ordered to defend it if he so requests. In the same way as for the defence of the defence, the defence shall be subject to the provisions of the law on criminal proceedings. (689/1997) Provides. The State of the Criminal Sanctions Agency shall be determined by the Central Administrative Department. The defence may also be ordered to remain in detention or any other court or tribunal within the meaning of this law. The sentenced person shall be informed without delay of his right to use the assistant and the fact that he may be assigned a defence. (28.11.2012)

If the sentenced person is in another Nordic country and has a legal adviser assigned there, the defence of the defence requires that it be given special reasons for the legal security of the sentenced person.

The Ministry of Justice orders a reasonable amount of compensation from state resources to the detriment of the State.

ARTICLE 6 (19,1974/621)

The decision to agree to the request for enforcement shall be punishable by the same length of imprisonment.

§ 7

The sentence modified shall be implemented in accordance with Finnish law, as provided for by the enforcement of the judgment of the law. (19.4.1991/70)

In Finland, the enforced penalty must be reduced, which is what has been implemented in the other Nordic countries. If the sentenced person has been transferred to Finland for the purposes of enforcing the custodial sentence, the time has elapsed since he was transported to a penal institution to be punishable.

The implementation of the fine shall lapse if the corresponding amount of the fine is paid in full. If a part of the fine is paid, the conversion rate shall be reduced in the same proportion as the amount paid is equivalent to the other amount of the fine; the part of the day shall not be taken into account and the conversion rate shall not be reduced by the Finnish law Shorter than the minimum period of conversion.

§ 8

Finland, Norway, Sweden or Denmark may be subject to a sentence of imprisonment or commutation of the fine to Iceland, Norway, Sweden or Denmark, if the sentenced person is a citizen of the North of the country concerned or permanently resident there. Or, if the sentenced person, even if he is not a national of the country concerned or does not live there permanently, is staying in that country and enforcement may be considered appropriate in the circumstances. (19,1974/621)

Paragraph 2 has been repealed by L 19.07.1974/621 .

If the sentenced person is transferred from Finland to another Nordic country for the purposes of enforcement of the sentence, the penalty period shall be read on the date on which he was taken into custody by the Finnish authority if the enforcement was not Before start.

§ 9

A person transferred from Iceland, Norway, Sweden or Denmark to Finland or from Finland to other northern countries for the purposes of enforcement of the custodial sentence shall be subject to extradition from the By law of 3 June 1960 (270/60) Articles 7 and 18, unless the sentenced person has been sentenced or expelled from the country concerned.

L on extradition between Finland and other Nordic countries 270/1960 Has been repealed by L for extradition between Finland and the other Nordic countries 1383/2007 .

Implementation of community service (28.11.2012)
§ 9a (28.11.2012)
Conditions for the transfer of community service rendered in another Nordic country

In another Nordic country, a convicted or prescribed community service called Iceland Samfélagszinjónus , Norway Samfunnstraff , Sweden Samhällstvoltage And Denmark Samfundstone , may be either the only sanction or combined with a conditional sentence or, at the request of the Swedish State of Protection, to be enforced in Finland.

The prior transfer of the sentence referred to in paragraph 1 shall be subject to the agreement of the Central Administrative Service of the Criminal Sanctions Agency. The consent may be given if the implementation of the community service in Finland, due to the personal circumstances of the sentenced person or other specific cause, would help to enable him to adapt to society.

§ 9b (28.11.2012)
Implementation of community service in the other Nordic countries

The municipal service referred to in Article 9a has been transposed in Finland as long as it is in Iceland, Norway, Sweden or Denmark. The implementation of community service is governed by the provisions of community service.

If the community service referred to in Article 9a is subject to conditions or conditions attached to Iceland, Norway, Sweden or Denmark, which are not possible to be implemented in Finland, the central administrative unit of the Criminal Sanctions Agency may adopt amendments To them.

Article 9c (28.11.2012)
Provisions applicable to the transformation of community service into absolute imprisonment

The conversion of the community service to imprisonment in Iceland, Norway, Norway, Sweden or Denmark and commuting to Finland, as an absolute prison sentence, shall apply to the conversion of the community service to imprisonment. In this case, one hour of uncompleted community service will be converted into one single day in prison. The execution of such a prison sentence shall be subject to the conditions of detention.

Article 9d (28.11.2012)
Relocation of transfer of community service to the other Nordic countries

The Court may refer the matter of the conversion of the community service to the Nordic country in which the judgment has been delivered or where the sentenced person is to be supervised if the court considers that, in Iceland, Norway, Sweden or Denmark, Community service should be converted into unconditional imprisonment in Finland. This may also be the case if measures are to be taken in response to the fact that the sentenced person has failed to comply with the specific conditions or conditions laid down in the judgment or under it.

In the cases referred to in paragraph 1, where the community service has been designated by the managing authority, the matter shall be transferred to that authority.

Article 9e (28.11.2012)
Implementation of community service sentenced in Finland in the other Nordic countries

A municipal service sentenced in Finland, or a conditional sentence, sentenced to community service, may be carried out for enforcement in Iceland, Norway, Sweden or Denmark, if the country concerned has jurisdiction The authority agrees. As a condition for the submission of a transfer, the Central Administrator of the Criminal Sanctions Agency considers that the implementation of the community service in another Nordic country due to the personal circumstances or other specific circumstances of the sentenced person would contribute to his Their ability to adapt to society.

If the competent authority in the Nordic countries to which the penalty referred to in paragraph 1 has been carried out to be executed, the conditions or provisions of the community service which the sentenced person is obliged to comply with, this Decision shall also be binding on: Finland.

If the competent authority in Iceland, Norway, Sweden or Denmark transfers the municipal service conversion issue to Finland, the penalty may be imposed in Finland. In that case, the Court of Justice of the European Court of Justice has jurisdiction to rule on the matter.

Article 9f (28.11.2012)
Change, conversion and revocation decided in another Nordic country

If the competent authority in Iceland, Norway, Sweden or Denmark changes the conditions or provisions relating to community service transferred in Finland to be implemented in Finland, or if the authority converts Or annul the community service referred to in Article 9a, the decision is also valid in Finland. If the amended terms or conditions in Finland are not possible to be implemented, the central administrative unit of the Criminal Sanctions Agency may adopt amendments thereto.

Article 9g (28.11.2012)
The right of the sentenced person to the community service

The sentenced person shall be entitled to his assistance and defence, as provided for in Article 5 (e).

Conditional measures for the sentenced persons
ARTICLE 10

The supervision of a person who is subject to supervision in Iceland, Norway, Sweden or Denmark may, upon request, be organised in Finland.

ARTICLE 11

The decision ordering the supervision of a person sentenced conditionally in Finland shall, where applicable, be subject to the supervision of the probation officer in the law on the supervision of conditional incarceration (19/04/2010) Shall, at the same time, provide for the amendments to be laid down, except in the case of probation and surveillance periods, subject to the conditions or provisions laid down in the context of the conditional sentence. (24.6.2010/636)

If the relevant authority of Iceland, Norway, Sweden or Denmark amends the conditions or orders to be respected as subject to a conditional sentence, or declares the suspension of the suspension granted on a conditional sentence, And, where appropriate, compliance with the provisions of paragraph 1 shall also apply in Finland.

L supervision of conditional imprisonment 634/2010 Has been repealed by L concerning the implementation of community sanctions 400/2015 .

ARTICLE 12

In Iceland, Norway, Sweden or Denmark, the supervision of a convicted person who has been decided to hold a suspended sentence in Finland may be terminated by applying Article 11 of the suspended sentence law. (24.6.2010/636)

When it has been decided to organise supervision in Finland, the imposition of a suspended sentence shall be applied, unless otherwise provided for in the following provisions: (39/1889) Provisions. (14.6.2001/524)

Paragraph 3 has been repealed by L 13.2.1976-138 .

ARTICLE 13 (14.6.2001/524)

In the other Nordic countries, a conditional sentence whose supervision has not been set up in Finland, may, if he is convicted of a criminal offence, be declared to have lost the benefit of a conditional sentence by applying criminal law 2 The provisions of Chapter b.

ARTICLE 14

When imposing a conditional sentence on Iceland, Norway, Sweden or Denmark, the court shall apply the provisions of Articles 2 and 6 of this Act.

If, in the case of a conditional judgment, the imposition of the following sentence has been suspended, the Court finds that the suspension must be lost, the penalty for the offence under Finnish law and that penalty shall be enforced.

When it considers that a conditional sentence in another Nordic country should be imposed on the basis of the provisions of Chapter 2 (b) of the Penal Code, or that action should be taken in relation to a suspended sentence, action should be taken to ensure that: The court or tribunal may refer the matter to the State in which the judgment is given or the sentenced person is subject to supervision. (14.6.2001/524)

§ 15

Following a conditional sentence in Finland, supervision provided for in Iceland, Norway, Sweden or Denmark may be submitted.

If the relevant authority in the north of the country where the control is organised will change the conditions or conditions imposed on the sentenced person, this decision shall also be valid in Finland.

Notwithstanding the fact that the supervision of a person sentenced in Finland has been subject to supervision in another Nordic country, it may also be decided in Finland to decide on a measure to be taken in respect of which he or she is to be found guilty as a candidate or before a suspended sentence. The question of whether or not to enter into a judgment by the Court of Justice of Finland has been transferred by the relevant authority in the other Nordic country. In the latter case, it is for the Court of Justice to decide on the measure.

ARTICLE 16

If the relevant authority in Iceland, Norway, Sweden or Denmark determines the confiscation of a suspended sentence in Finland, it shall also be valid in Finland.

Measures concerning freedom of movement
§ 17

In the case of a person who has been released on parole in Iceland, fangelsi, in Norway fengsel, in Sweden, or in the straffarbete or in Denmark, who has been subject to the name of a custodial sentence in Denmark, may be organised in Finland on request.

ARTICLE 18

The decision to provide for the supervision of a person released on parole in Finland must at the same time be provided for by the administrator and, unless the conditions or provisions for the release of a parole officer may be applied here, Confirm the changes to them; however, the test and control periods shall not be modified.

If the relevant authority of Iceland, Norway, Sweden or Denmark amends the conditions or orders to be respected in order to be subject to a conditional release or to the confiscation of conditional release, a decision, Where applicable, in accordance with the provisions of paragraph 1, qualified in Finland.

§ 19

After a decision has been taken to organise controls in Finland, the provisions of Chapter 2 of the Regulation on the enforcement of penalties shall be subject to the provisions of Chapter 2 of the Regulation on the enforcement of penalties. However, the probation period should not be imposed.

§ 20

The Court of Justice of Finland, who has not been set up for parole in Finland under Article 17, whose supervision has not been set up in Finland, may be punished by the court of Finland for the new sentence imposed during the trial period. A crime to be ordered to lose his conditional release.

ARTICLE 21

If a person who has been paroled in Iceland, Norway, Sweden or Denmark is ordered to lose parole in Finland, the court may order the enforcement of the residual sentence in Article 14 (14) of the Penal Code. As if the person concerned was granted conditional release. (23.9.2005)

Whereas, in view of the fact that a person who has been released on parole in another Nordic country, a measure should be taken to ensure that he has failed to comply with the conditions or orders imposed on him or has committed a new offence during the probation period, The authority concerned may, without imposing conditional release, transfer the question of the measure to the State in which the sentenced person has been released for parole or in which he or she is to be supervised.

§ 22

In Finland, the supervision of conditional release may be lodged in Iceland, Norway, Sweden or Denmark. (19,1974/621)

If the relevant authority in the north of the country where the control is organised, subject to the conditions or provisions laid down for the release of conditional release, the relevant decision shall also be valid in Finland.

Notwithstanding the fact that the supervision of a person released for parole in Finland is organised in another Nordic country, a measure may also be taken in Finland for a measure to be taken in respect of which he or she has been released during the trial period. The question of the action taken by the Finnish authority has been delegated by the relevant authority in the Nordic country.

ARTICLE 23

If the relevant authority in Iceland, Norway, Sweden or Denmark determines the loss of conditional release in Finland, the decision to grant conditional release is also valid in Finland.

Common provisions
§ 24 (28.11.2012)

The request referred to in Articles 1, 5, 9a, 10 or 17 shall be made by the competent authority of Iceland, Norway, Sweden or Denmark.

The central administrative department of the Criminal Sanctions Agency shall decide whether the request referred to in Articles 5, 9a, 10 or 17 shall be granted. The Court of Justice shall decide on the request referred to in Article 1.

ARTICLE 25

In Iceland, Norway, Sweden or Denmark, a conviction for a criminal offence for which a charge is pending before the Court of Finland or by a judgment has been settled, or on which a charge has been imposed by the Prosecutor General. Shall not be implemented in Finland. (11.3.1997/2)

Furthermore, the judgment may not be enforced in Finland unless it is enforceable in the State in which the judgment was delivered.

§ 26 (28.11.2012)

The Central Administrative Service of the Criminal Sanctions Agency shall consult the sentenced person before deciding to consent to the request referred to in Articles 5, 9a, 10 or 17. The consultation shall be subject to the administrative law (2003) Provides for consultation of the party concerned.

The decision of the Central Administrative Service of the Criminal Sanctions Agency to comply with the request referred to in paragraph 1 shall be served as provided for in the Administrative Act. The decision may be appealed to the Helsinki Administrative Court, as referred to in the Administrative Law Act (18/06/1996) Provides. The appeal must be treated as a matter of urgency. The decision of the Helsinki Administrative Court must not be appealed against.

The decision of the central administrative department of the Criminal Sanctions Agency may be implemented in spite of the complaint.

§ 27 (28.11.2012)

The request, which means the implementation of Articles 8 or 9e, or the organisation of controls in Iceland, Norway, Sweden or Denmark, as required by Articles 15 or 22, shall be the central administrative unit of the Criminal Sanctions Agency. The request shall be accompanied by an opinion or a certificate issued by the sentenced person to the effect that the sentenced person is given an opportunity to pronounce. The request, which means implementation in accordance with Section 4, shall be the subject of a judicial register.

If the request relates to the enforcement of the fine of the fine, the central administrative unit of the Criminal Sanctions Agency shall determine the length of the conversion and the limitation period.

ARTICLE 28 (28.11.2012)

If the central administrative unit of the Criminal Sanctions Agency has consented to the request referred to in Articles 1, 5, 9a, 10 or 17, or if a conditional sentence or conditional release is imposed in accordance with Articles 13 or 20, Finland shall not: Charge a criminal offence for the offence committed in another Nordic country.

§ 29 (19.3.2010)

Taking into account the penalty imposed in Iceland, Norway, Sweden or Denmark for imposing a common penalty, Article 9 of Chapter 7 of the Penal Code -In.

ARTICLE 30 (28.11.2012)

Where the request for enforcement referred to in Article 1, 5 or 9a has been granted, the limitation of the enforcement of the judgment shall be determined by the law of the State in which the judgment has been convicted or the decision has been taken.

The amnesty in Finland applies to the amnesty provisions of Finland. The Nordic country may also be pardoned by the issuing of a judgment, the execution of which has been transferred to Finland. In that case, the Court of Justice shall apply its own provisions on amnesty.

ARTICLE 31

When a person is to be transported from Iceland, Norway, Sweden or Denmark to any other of these countries for the enforcement of the custodial sentence, he shall not be permitted to carry him through the territory of Finland.

ARTICLE 32

For the purposes of this Act, the judgment also refers to a decision of an authority other than a court or a court which, according to the law of the State concerned, has the same effect as the judgment.

§ 33

Costs arising from implementation under this Act in Finland shall remain, unless they are provided for, to the detriment of the State, to the detriment of the State.

§ 34

The Regulation allows the Ministry of Justice, under this Act, to decide on the implementation referred to in Articles 1 and 4 to be wholly or partly entrusted to the provincial government.

ARTICLE 35

More detailed provisions on the implementation and application of this law will be adopted by the Regulation.

§ 36

This Act shall enter into force on 1 October 1963.

The Regulation expressly provides for Iceland, Norway, Sweden and Denmark where this law applies between Finland and the State of origin.

The measures required by this law may also be taken in respect of judgments given before the law. However, for the purpose of the enforcement of the custodial sentence imposed before the entry into force of the law, the sentenced person shall not be transferred to Finland, if he has not requested it in writing, by means of a conditional sentence either: The suspension of the suspended or conditional release.

Entry into force and application of amending acts:

19.07.1974/621:

This Act shall enter into force on 1 July 1975. The provisions of Article 8 (1) shall also apply to the sentence of imprisonment of a person sentenced before the entry into force of the law.

13.2.1976-138:

This Act shall enter into force on 1 April 1976.

19 APRIL 1991/704

This Act shall enter into force on 1 April 1992.

HE 40/90, LaVm 15/90, SuVm 314/90

11.3.1997/206:

This Act shall enter into force on 1 December 1997.

THEY 131/1996 , LaVM 20/1996, EV 237/1996

8 AUGUST 1997/753:

THEY 48/1997 , LaVM 8/1997, EV 85/1997

16.2.2001/142:

This Act shall enter into force on 1 August 2001.

THEY 136/2000 , LaVM 13/2000, EV 212/2000

16.3.2001/237:

This Act shall enter into force on 25 March 2001.

THEY 1/2001 LaVM 2/2001, EV 8/2001

14.6.2001/524:

This Act shall enter into force on 1 September 2001.

THEY 177/2000 , LaVM 8/2001, EV 46/2001

15.7.2005/543:

This Act shall enter into force on 2 August 2005.

THEY 56/2005 , LaVM 7/2005, EV 84/2005 Council Framework Decision 2003 /577/JHA, OJ L 196, 2.8.2003, p. 45

23.09.2005/774:

This Act shall enter into force on 1 October 2006.

THEY 263/2004 , LaVM 10/2005, PLN 20/2005 EV 98/2005

23.9.2005/7:

This Act shall enter into force on 1 October 2006.

THEY 262/2004 , LaVM 9/2005, EV 97/2005

19.3.2010/18:

This Act shall enter into force on 15 August 2010.

THEY 261/2009 , LaVM 1/2010, EV 8/2010

24.6.2010/636:

This Act shall enter into force on 1 January 2011.

THEY 229/2009 , LaVM 6/2010, EV 59/2010

17.06.2011/732:

This Act shall enter into force on 1 September 2011.

THEY 279/2010 , LaVM 35/2010, EV 312/2010

22/05/2015:

This Act shall enter into force on 1 January 2014.

THEY 222/2010 , LaVM 44/2010 EV 374/2010

25.11.2011/1172:

This Act shall enter into force on 5 December 2011.

THEY 10/2011 , LaVM 4/2011, 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

28.11.201488:

This Act shall enter into force on 1 January 2015.

This law shall not apply if a request for a transfer of the community service has been made before the entry into force of this Act.

THEY 97/2014 , LaVM 9/2014, EV 120/2014