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In accordance with the decision of the Parliament:
According to this law, a person who, in a foreign country, is suspected, accused or sentenced there for a criminal offence, is extraditing from Finland to that State and the person in Finland who is suspected, accused or convicted of a criminal offence, Calls for extradition to Finland.
The extradition between Finland and the other Member States of the European Union, as well as between Finland and other Nordic countries, is regulated separately. (30.12.2003/1287)
The Finnish citizen shall not be surrendered.
Paragraph 2 has been repealed by L 30.12.2003/1287 .
In Finland or on a Finnish ship or on an aircraft, a criminal offence may be committed only if the legal clarification of the offence in the requesting State is deemed appropriate and not punishable by the law of that State To be able to follow a criminal offence, materially deviate from the offence under Finnish law. If extradition is requested for the execution of a sentence, a request may be granted only if the penalty is not substantially different from the offence which could have been committed here.
Donation shall not be granted unless the offence referred to in the request is such a crime or, if it is carried out in similar circumstances in Finland, should be regarded as a criminal offence punishable by a maximum penalty of at least one year.
In any foreign country the offence referred to in paragraph 1 shall be handed over only if the sentence imposed includes a deprivation of liberty of at least four months.
If a request for extradition covers a number of acts and the conditions set out above are in place for one act, a request may also be granted for other acts which, under Finnish law, are punishable under the law of Finland.
Notwithstanding the provisions of paragraphs 1 and 2, an act which, in the circumstances of the case in Finland, should be considered as a crime of counterfeiting, in preparation for counterfeiting or for the use of counterfeit money, may be disclosed.
The offence of a military offence shall not be allowed to be committed. However, if the offence involves the offence of which extradition is permitted, the offence shall be committed.
A political crime must not be given up. If, at the same time, a political offence involves or involves a criminal offence which is not of a political nature and the act as a whole cannot be regarded as a criminal offence, the extradition is permissible.
Under no circumstances must it be considered a political crime to kill or attempt to kill a firm which has not taken place in an open battle.
Paragraph 3 has been repealed by L 30.12.2003/1287 .
A request for extradition shall not be granted if the person concerned is to be feared for the purposes of his or her race, nationality, religion, political view or membership of a social group, or political Circumstances due to the threat of life or liberty or of persecution or other persecution.
If extradition to the age of the person concerned, to the state of health or to other personal circumstances or to specific circumstances would be disproportionate for human reasons, he cannot be extradied.
The request for extradition must be based either on an enforceable judgment which, on the basis of sufficient evidence, is deemed to have been convicted of a criminal offence within the meaning of the request, or of a foreign State The detention order issued by the relevant authority on the basis of the likely guilt of the person in question to evidence of the offence.
An agreement with a foreign country may provide that an enforceable judgment or a detention order issued by a court or judge as such must be accepted as a basis for the surrender of the State.
Where the offence referred to in the request for extradition has been committed in Finland, or if the right to prosecute a criminal offence or the execution of a criminal offence should be regarded as invalid under Finnish law, the request cannot be granted.
Paragraph 2 has been repealed by L 30.12.2003/1287 .
If, in Finland, the person requested is liable for any other criminal offence punishable by a custodial sentence or, on the basis of a judgment, he or she shall be punished or otherwise deprived of liberty, he shall not be able to: Give up as long as that obstacle exists.
Notwithstanding the provisions of paragraph 1, it may be very compelling, for reasons of extreme pressure, that the request for extradition may be handed over to a foreign country for the purpose of a trial for the act referred to in the request for extradition, on condition that he or her Immediately after the end of the trial, to the Finnish authority.
When agreeing to an extradition request, the following conditions shall apply:
(1) the person who has been surrendered shall not be allowed in the State to whom he is extradited, without the authorisation referred to in Article 32, to be prosecuted or punished for any other offence prior to extradition, or to continue to be surrendered to another State, except in the case of: In the event that he has not left the country within 45 days after the obstacle has ceased, or has returned after leaving the country;
(2) the extradable person shall not be prosecuted for the offence in question before a court which has been granted power only on a temporary basis or under special circumstances in exceptional circumstances;
Paragraph 3 is repealed by L 11.1.2008/13 .
In the case referred to in Article 5, it should be expressly stated that the release shall not be punishable under a provision of a military offence.
When someone is handed over in accordance with Article 6, an act which cannot be regarded as a criminal offence must be made conditional on the fact that, in the event of a criminal offence, it must not be regarded as a political offence.
In addition, any other conditions which may be deemed necessary may be imposed on the granting of extradition.
A diplomatic path shall be sought, unless otherwise agreed with the foreign State concerned.
The request shall be accompanied by a copy of the order for detention or the enforceable judgment. At the same time, the nationality and residence of the requested person must be declared, the nature of the offence, the time and place of the offence and the penalty provisions applicable in a foreign country in the form of a speech, if such information does not appear otherwise. Documents. Emotions are, if possible, present.
The completed documents shall be forwarded to the Ministry of Justice.
The Ministry of Justice shall decide whether the extradition request shall be granted.
If the documents are found to be inadmissible under the law, or if the Ministry considers that there is no need to comply with the request, it must be rejected immediately.
The Ministry of Justice shall also decide on the extradition provided for in Article 11 (2), the authorisation referred to in Article 12 (1) (2) and the conditions referred to in Article 12 (4).
If the request is not immediately rejected, the documents must be sent to the Central Criminal Police, which is urgently required to carry out an investigation. The investigation shall, in addition to the provisions of this law, comply with the provisions of the investigation of the offence. (30.4.1987/465)
If the requested person is charged with a criminal offence in Finland, the prosecutor concerned and, if possible, shall be heard at the request of the person concerned.
At the end of the investigation, the minutes and other documents drawn up shall be forwarded to the Ministry of Justice without delay.
The Ministry may, on the basis of the findings of the investigation, seek further clarification from the requesting State.
If the person requested to be submitted to the investigation or the Ministry of Justice prior to the settlement of the case has declared that there are no legal conditions for extradition, the Ministry shall, unless the extradition request is immediately rejected, Before the case is resolved, request the opinion of the Supreme Court. The Ministry may, in any case, request an opinion when it considers it necessary.
The requested person shall be informed of the remedy referred to in paragraph 1 and shall be recorded in the minutes.
The Supreme Court shall examine, taking into account the provisions of Articles 1 to 10, or the equivalent provisions of an international convention requiring Finland, whether a request for extradition may be granted.
If the Supreme Court considers that there is an obstacle to extradition, the request cannot be granted.
The Supreme Court may order the presentation of evidence or any other necessary measure in the case of the District Court in which it considers appropriate, or, if the requested person has been detained, as provided below, In the District Court, which has resolved the matter of holding. In this case, the criminal proceedings in general are in force. The prosecutor concerned will have to supervise the interests of a foreign country. At the end of the proceedings, the District Court shall immediately forward to the Supreme Court an extract from its minutes and other documents.
In order to promote the investigation and to ensure extradition, the police officer who is entitled to arrest may be taken into custody. 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. (28.6.1993/607)
In the case of detention, it is appropriate to maintain the validity of the pre-trial detention.
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 Court must immediately inform the Ministry of Justice of its decision. (28.6.1993/607)
The person concerned shall always be entitled, upon request, to be re-examined before a court within two weeks of the date of the request.
If the Ministry of Justice rejects the extradition request, or if the Supreme Court considers that there is an obstacle to extradition, they shall be required to be released immediately.
If the Ministry agrees to a request, it shall set a deadline within which a person is required to comply with the request for extradition. At the same time, no specific reason may be imposed for a period of one month from the date on which that State has been informed of the decision to surrender and, in no case, for two months.
The Ministry and the Supreme Court shall, without delay, inform the relevant court of law of the decision referred to in this Article.
Regardless of the time limit, the decision on the decision to hold unnecessary suspensions and the detention of the person requested in the custody of the person requested shall be subject to the order of the Supreme Court.
A police officer can carry out, as it is expressly provided for, the seizure and the search, even when the act of the extradition request, which is not punishable under Finnish law, should be considered a criminal offence in Finland.
In its extradition decision, the Ministry of Justice has the power to provide that the seized object must be handed over to the authority which requested the surrender.
The requested person shall have the right to use the assistant.
Defendant shall be ordered to be surrendered, if so requested. In accordance with the provisions of the Treaty establishing the European Community, the Court of Justice shall, in accordance with the procedure laid down in (689/1997) Provides. The court or tribunal for the detention of the defence or any other court dealing with extradition. The requested person who has been apprehended or otherwise sought in Finland shall be immediately informed of his/her right to use the assistant and the fact that he may be assigned a defence.
The Ministry of Justice orders a reasonable amount of compensation from state resources to the detriment of the State.
If a number of foreign countries request the same person to be released, the Ministry of Justice shall, taking into account the nature of the offence, the time and place of the offence, the order of entry, the nationality of the requested person and the place of residence and the other The circumstances of which the State must be handed over. (21.12.2007)
At the same time, when extradition requests are subject to different offences, it may be stipulated that the person to be surrendered to a given State must be handed over to another State under the conditions under which it would be possible to surrender to that State.
In the case of the police or prosecution authorities or the enforcement of the sentence, the Criminal Sanctions Agency, which wishes to make a request for the extradition of a person residing in a foreign country to Finland, shall submit a motion for To the Justice Department. If the Ministry considers that the draft is to be met, the Ministry shall make a request for a diplomatic mission, unless otherwise agreed with the foreign State concerned. (30.12.2003/1287)
The Ministry of Justice may also, on its own initiative, make a request for extradition referred to in paragraph 1. (2.2.1979/114)
As regards the information to be notified in connection with the extradition request, the provisions of Article 13 (2) shall apply accordingly. The request must also be based on evidence that might be required for extradition in a foreign country.
Articles 28 to 29 have been repealed by L 30.4.1987/465 .
Similarly, the person assigned to Finland shall comply with the conditions set out in Article 12 (1), as well as the conditions set out in the extradition decision.
If the probable cause of the person released to Finland is suspected of having committed a non-surrender decision, which may be punishable by a custodial sentence, carried out before he is handed over to Finland, the court may arrest him At the request of an authorised official, order him to be held in custody in order to obtain consent from a foreign country for the prosecution of a person. However, a suspected criminal may not be deprived of liberty under this arrest warrant before a foreign country has given its consent to prosecution for the purposes of the offence referred to in the decision on detention. The detention order shall lapse if the foreign State does not consent to the prosecution. (19.4.2002)
If a foreign State has given the consent and the suspicion referred to in paragraph 2 has been deprived of liberty under the detention order referred to in paragraph 2, the question of the detention of the suspect shall be (806/2011) in Chapter 2 of Chapter 2 Shall be brought to the Court in accordance with the provisions of Chapter 3 (4) and (5) of that law, as appropriate. If the suspect is deprived of his liberty for any other reason, the detention decision shall, without delay, be brought before the Court of Justice after the consent of the foreign country. (12/01/826)
The situations referred to in paragraphs 2 and 3 shall otherwise apply mutatis mutandis as regards the treatment of the subject of detention in the law of coercion. (19.4.2002)
A person who, according to this law, may be extradited, even if the request for his extradition has not yet come, shall be held in detention if he has been requested by a foreign State or if he is wanted for such a crime. Accordingly, it is necessary to comply with the provisions laid down in Articles 19 to 22. Any such request, which must be based on a detention order or an enforceable judgment, may be made directly by the relevant authority of a foreign country to a qualified official in Finland. Seizations and searches may also be provided in these cases. The Ministry of Justice shall immediately be informed of the use of coercive measures. (30.4.1987/465)
If the Ministry of Justice considers that there is an obstacle to the surrender, the Ministry must immediately order him to be released. If there is no obstacle, and the district court has not ordered the release to be released, the foreign State shall be informed without delay of the measure and, at the same time, for a period not exceeding 30 days and for a special reason, 45 days from the date of dispatch, Shall be requested to be surrendered. If this does not happen, he must be released. The Ministry of Justice decides to report. (22.5.2015/660)
L to 06/04/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:
If the Ministry of Justice considers that there is an obstacle to the surrender, the Ministry must immediately order him to be released. If there is no obstacle, and the district court has not ordered the release to be released, the foreign State shall be informed without delay of the measure and, at the same time, for a period not exceeding 30 days or 45 days for the dispatch of the notification, Shall be requested to be surrendered. If this does not happen, he must be released. (28.6.1993/607)
An officer entitled to arrest may request directly from the police or other competent authority of the foreign State in which the person requested for extradition to Finland is staying, his detention and seizure and search. If it is in a foreign country on the basis of an agreement or otherwise allowed. The Ministry of Justice shall immediately be informed of the request. (30.4.1987/465)
In cases where a person may be detained under this law, he 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.
At the request of a foreign country, the Ministry of Justice may, without prejudice to the conditions of the surrender, authorise the release of the person who has been released to be prosecuted or punished for any other crime committed prior to extradition than on the basis of which: The transfer has taken place, or relinquits to the other State. The conditions for such a request and for extradition shall apply mutatis mutandis to the provision of extradition from Finland. (30.12.2003/1287)
The authorisation can only be granted if, according to the documents, the legal conditions for the extradition to the State concerned exist.
If the documents state that the request cannot be complied with under the law, or if the Ministry considers that there is no reason to accept it, the request must be rejected immediately. Otherwise, the Supreme Court shall decide whether the requested measure complies with the law. If it is found that there is an obstacle to the authorisation, the request cannot be granted.
The Ministry of Justice may authorise the transport by Finland of a person who is not a Finnish national to be extradited from a foreign country.
However, a Finnish citizen may be transported through Finland if the question is about his extradition to other Nordic countries and to extradition between Finland and the other Nordic countries. (1383/2007) The conditions laid down for the granting of his surrender to the host State are in place, or if the question is of his extradition to a Member State of the European Union and the extradition of Finland and other European Union By law between Member States (186/2003) The conditions for transit are at hand. (21.12.2007)
The request for transit through Finland to a non-Nordic country shall be made diplomatic unless otherwise agreed with the foreign country concerned.
The decision of the Ministry of Justice under this law shall not be subject to appeal by appeal.
Articles 35 to 48 have been repealed by L 30.12.2003/1287 .
This Act shall enter into force on 1 January 1971. It repeals the law of 11 February 1922 on extradition (43/22) With the modifications made to it.
If a foreign country has submitted a request for extradition before the entry into force of this law, the matter has not been resolved once and for all, the matter must be settled under this law. However, there is a prior law applicable to the procedure.
With the entry into force of this Act with a foreign country, the agreement in force, as long as it is in force, remains in force, even if its provisions do not comply with the provisions of this Act.
This Act shall enter into force on 1 April 1979.
This Act shall enter into force on 1 January 1989.
HE 14/85, Ivhms. 9/86, svk.M. 30/86
This Act shall enter into force on 1 January 1991.
HE 66/88, Ivhms. 6/90, svk.M. 56/90
This Act shall enter into force on 1 March 1999. However, the provisions of the law on the extradition of a Finnish national shall only apply when the Convention on extradition between the Member States of the European Union of 27 September 1996 in Brussels has entered into force or Before Finland and the State which issued the declaration referred to in Article 18 (4) of the Convention, in which case the provisions shall apply 90 days after the date of deposit of the last declaration.
THEY 187/1998 , LaVM 18/1998, EV 207/1998
The purpose of this law is to bring into force Article 2 (1) of the European Convention on Extradition (Treaty Series 32-33/1971), as committed by Finland.
This Act shall enter into force on 24 April 2002.
THEY 209/2001 , LaVM 1/2002, EV
This Act shall enter into force on 1 January 2004.
THEY 88/2003 , LaVM 7/2003, EV 128/2003, Council Framework Decision (2002/584/JHA); OJ L 190, 18.7.2002, p. 1
This Act shall enter into force on 1 January 2008.
THEY 51/2007 , LaVM, EV 101/2007
This Act shall enter into force on 15 January 2008.
THEY 86/2005 , LaVM 10/2007, EV 126/2007
This Act shall enter into force on 1 January 2014.
THEY 222/2010 , LaVM 44/2010 EV 374/2010
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
This Act shall enter into force on 1 January 2016.
THEY 231/2014 , LaVM 34/2014, EV 340/2014
