The Law On Extradition

Original Language Title: Laki rikoksen johdosta tapahtuvasta luovuttamisesta

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1970/19700456

In accordance with the decision of the Parliament, provides for: general provision Article 1 of This law, may be the person who is in a foreign State on suspicion of a criminal offence, or convicted of an indictable offence, to dispose of Finland laid down there in that State, as well as a person, which in Finland is suspected, or convicted of an offence, to prosecute and to ask for release.
In the field of extradition, including Finland and other Member States of the European Union, as well as between Finland and the other Nordic countries is provided separately. (30.12.2003/1287)


The Handing Over Of Finland. The conditions and the terms of article 2 of the Finnish citizens shall not be extradited.

2 this article is repealed L:lla 30.12.2003/1287.



section 3 (30.12.2003/1287) in Finland or a Finnish ship or aircraft for the crime in question may be supplied only if the requesting State, the legal disclosure of the crime must be considered as appropriate to determine and not a punishment according to the law of that State, which could result in a criminal offence, essentially different from what a crime according to the Finnish law could follow. If requested in the request for enforcement of the sentence, may be granted only subject to a penalty a penalty for an offence would be essentially different from what here could follow.


section 4 (30.12.2003/1287) to release may not be, unless the request for the Act of a crime, or if it is in Finland under similar circumstances in place should be considered as a criminal offence, the maximum penalty provided for by the law is at least a year in prison.
That in a foreign State has been convicted of an act referred to in subparagraph (1) may be released only if the prescribed penalties include deprivation of liberty of at least four months.
If the extradition request consists of a number of acts and the above conditions are fulfilled in the case of a request for booking, may be granted in respect of other acts that also or similar acts are punishable under Finnish law.
Notwithstanding the provisions of paragraphs 1 and 2, may be handed over to the offense, which in Finland under similar circumstances in place should be considered as a criminal offence of counterfeiting of money, counterfeiting of money, or pave the way for the use of the wrong.


section 5 of the Act shall be made available, to be held in the military as a crime. If the Act at the same time include the handing over of crime, which by the way is allowed, however, happen to be the handing over of this crime.


section 6 of the Political criminal offence shall not be released. At the same time, or in connection with a political offence, if the offence is included, which is not of a political nature, and the nature of the act as a whole be considered that from its principal activity as a communication is allowed, however.
Intentional killing, or the company, which has not happened in an open fight, in any case, is not to be considered as a political crime.

(3) repealed by L:lla 30.12.2003/1287.



section 7 of the extradition request cannot be complied with, if the person whose extradition is requested is to be feared to be suffering in this case, of his or her race, nationality, religion, political view, or a social group or political circumstances, a threat to life or freedom or other persecution.


section 8 If the extradition of the person concerned, age, State of health or other personal matters, for humanitarian reasons or for specific circumstances it would be unreasonable, he will not be released.


under section 9 of the request for extradition shall be based on either the kind of incidental to the judgment, in which the wanted persons by virtue of the fact that the screen is sufficient to be held in any of the offences referred to in the request, or convicted in a foreign State shall be the relevant authority to issue an arrest warrant, which is based on the likelihood of a person guilty of any criminal offence which you receive.
The agreement with a foreign State, it may be provided that the enforceable judgment or warrant issued by a court or a judge, as such, is the basis for the State to accept the donation.


the request for extradition for an offence referred to in article 10, If it is the subject of the judgment in Finland or if the right to criminal prosecution or punishment would be according to Finnish law, a request for arvosteltuna to be regarded as withdrawn, cannot be accepted.

2 this article is repealed L:lla 30.12.2003/1287.



section 11 if the wanted persons in Finland is wanted on the rest of the offense, which could result in a custodial sentence, or on the basis of his judgment, either to suffer such punishment or otherwise have their freedom menettäneenä, he will not be released as long as the barrier is in place.
Notwithstanding the provisions of subparagraph 1, can be very serious reasons, provided that the conduct referred to in the request for extradition, wanted the right to visit the site for the hand over to a stranger to the State on the condition that he immediately after the trial will be handed over to the authority of Finland.


section 12 (30.12.2003/1287) if the Extradition request has, where appropriate, subject to the following conditions: 1) a person surrendered may not be in the State in which he or she shall be surrendered, without authorisation referred to in article 32 be prosecuted or punished for an offence committed prior to surrender other or transferred to another State, except to the extent that he has not left the country within 45 days after the barrier was no longer, or he is there to come back after leaving it;
2) in the case of the question shall not, without the permission of the prosecution of a criminal offence before the Court to which is given the power only temporarily or in specific exceptional circumstances the judge in such matters;

3 paragraph repealed by the L:lla 11 January 2008/13.

The case referred to in article 5 shall expressly include a statement that the person surrendered may be punished by military means, pursuant to the provision of the crime.
When someone will be handed over according to section 6 of the Act, that is not to be considered as a political crime, the nature of that from its principal activity is subject to be, that the Act be regarded as a political crime which surrendered the punishment while condemning.
If the transfer can be considered to be relevant for other conditions in addition to the set.


The Handing Over Of Finland. Section 13 of the Extradition procedure is requested a diplomatic path, unless the foreign State concerned have agreed otherwise.
The request must be accompanied by a copy of the detention order, or an enforceable judgment. At the same time, the person whose extradition is requested shall be informed citizenship and place of residence, the quality of the crime, the time and place of birth, as well as the relevant penalty provisions in a foreign State, if such information is not otherwise apparent from the documents. Characteristics is, if possible, be provided.
The Inbox documents must be submitted to the Ministry of Justice.


section 14 of the Ministry of Justice will determine whether or not the extradition request granted.
If the documents are detected, according to the law, that cannot be complied with, or if the Ministry considers that the request for no reason by the way, is it right to be rejected.
The Ministry of Justice shall also decide on the date laid down in paragraph 2 of article 11, article 12 of the authorization referred to in paragraph 2 as well as article 12 of the conditions referred to in paragraph 4.


Subject to article 15 of the request as soon as the documents sent to the Centre, is the judicial police, which is an urgent need to carry out the investigation of the case. The investigation is in addition to the provisions of this law, where appropriate, be followed out the investigation of the offence, what is provided. (30.4.1987/465)
If the wanted persons in Finland is an indictable offence, is the Prosecutor and, if possible, at the request of the owner, be consulted on the extradition.
The end of the investigation is on the protocols and other documents drawn up shall be notified without delay by the Ministry of Justice.
The Ministry may, on the basis of what the investigation it turns out, have a request from the Government for a report on the action as it considers necessary.


section 16 if the wanted persons in the investigation or to the Ministry of Justice before the paper is submitted to the declared that his surrender not legal conditions, the Ministry shall, subject to the extradition request as soon as the request, before the Supreme Court in a statement. The Ministry to seek the opinion of the Court, when it considers it necessary.
The investigation of the person whose extradition is requested is informed that in subparagraph (1) above, the remedy and make it an entry in the minutes.


section 17 of the Supreme Court, taking into account the provisions of article 1 to 10, or the corresponding provisions of the international agreement binding on Finland, whether or not to grant the extradition request.
If the Supreme Court is of the opinion that there is an obstacle to the extradition of the request cannot be complied with.


section 18 (28.6.1993/607)


The Supreme Court may order the taking of evidence or any other measure necessary for the case to be run to suit in the District Court or, if they deem appropriate for the requested person is held in detention, as provided for below, in the District Court, that in answer to the marketing of the site. In this case, it is valid, what the treatment is usually provided for criminal affairs. The public prosecutor concerned the interests of a foreign State must monitor. At the close of these deliberations, the District Court shall forthwith transmit to the Supreme Court an extract from the case on the minutes and other documents.


in order to promote the investigation and to ensure that article 19 of the extradition can deprive the person whose extradition is requested by the police man to a legitimate site. 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. (28.6.1993/607)
The store is kept at the appropriate point, in effect what the pre-trial detention is provided for.


section 20 on receipt of a store 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. Of its decision, the Court must immediately inform the Ministry of Justice. (28.6.1993/607)
The detention of the person always has the right to obtain, on request and on a case to court within two weeks from the date of the request.


Article 21 If the Justice Department rejects a request for extradition, or if the Supreme Court is of the opinion that the donation is a barrier, they have to provide for detention taken immediately on release.
If the Ministry of Justice agrees with the request, it shall set a time limit within which a person of a foreign State, the need for release. This time there is no particular reason not to prescribe a longer period of one month after the said State has been informed of the decision, and in any case to surrender to two months for an extended period.
The Ministry and the Supreme Court the decision referred to in this article shall immediately notify the person concerned of the District Court.


The County Court of section 22 of the unnecessary postponement of the person whose extradition is requested on the store and the marketing of the decision of the District Court is the amount of time, regardless of the deck to the Supreme Court that is delivered to the lettering.


section 23 of the police man can run, as it is explicitly provided for, seizure and search even when the extradition request, tarkoitetunlaista, in the Act without being punished, in Finland, according to Finnish law, deemed to be here be considered a criminal offence.
The extradition decision, the Ministry of Justice has the power to order that the seized object shall be given over to the requesting authority.


section 24 (25/11/2011/1176) For the interpretation of the right to use the Assistant.
For the requested must provide for the Defender, if he so requests. On behalf of the public authorities, as well as the imposition of a defender Defender is, mutatis mutandis, in effect, what the Criminal Procedure Act (689/1997) provided for in Chapter 2. The number of arrest of a defender on the extradition issue, the District Court or any other court. For the requested, who has been arrested or otherwise found in Finland, shall, without delay, to sort out his right to use the Assistant, as well as the fact that he may be prescribed.
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 25 (30.12.2003/1287) if the number of guests, the same number of States require a person to disclose, the Ministry of Justice, taking into account the quality of the crime, making of the time and location of arrival of the order, to disclose the requested, requests for citizenship and domicile, as well as other relevant conditions, which State he is handed over. (21 December 2007/1384)
When the extradition requests for different crimes, can be in the same order that a particular person is handed over to the State from here to another State they have to surrender to the State would be possible.


The handing over of the police or the public prosecutor's Office article 26 in Finland or on the issue of criminal sanctions Agency for the enforcement of the sentence, which wants to be represented in the request for surrender of the person staying in a foreign State, shall be made on presentation of the Ministry of Justice. If the Ministry of Justice is of the opinion that the request for extradition is granted, the Ministry makes a diplomatic path, unless the foreign State concerned have agreed otherwise. (30.12.2003/1287)
The Ministry of Justice may also on its own initiative, make a request for surrender referred to in subparagraph (1). (2.2.1979/114) in the context of article 27 of the request for extradition in respect of the prescribed information, is to be applied, the above section 13 of the Act provides. In addition, the request shall be presented to justify the kind of display, which is in a foreign State for extradition might be required.


Article 28-28-29 section 29 is repealed L:lla 30.4.1987/465.




section 30 of the person is transferred to Finland, respectively, to comply with article 12 of the conditions mentioned in paragraph 1, as well as the conditions that the extradition decision has been set.
If Finland donated a person reasonably suspected of committing other than the surrender referred to in the decision making process, which could lead to a prison sentence, which was handed over to Finland before his arrest, the Court may, at the request of the legitimate officials to order him to prosecute the person for that Act of imprisonment in order to obtain the consent of the foreign State. The offence may be deprived of the freedom of the suspect is not, however, an arrest warrant on the basis of the decision before the foreign State has given its consent to the prosecution, the decision referred to in the Act of detention. The detention decision is void, if the State does not give consent to the prosecution. (19 April 2002/296)
If the State has given the agreement referred to in paragraph 2 and the suspect is deprived of their liberty on the basis of the decision, the question of detention referred to in subsection suspect detention law the juge des libertés (806/2011) under Chapter 2, section 11, shall be adopted in accordance with the Court of arbitration, mutatis mutandis, to that in Chapter 3, 4 and 5 of the law provides. If the suspect is their freedom menettäneenä for any other reason, the detention decision is without delay after the agreement of the foreign State to be brought before the Court. (July 22, 2011/826)
The circumstances referred to in paragraph 2 and 3 are complied with, otherwise, as the case may be, what the law provides for the detention of the juge des Libertés. (19 April 2002/296)


Additional provisions section 31 for an offence for which this law may be disclosed to the person, may be, even if the request for his handover has not yet come to the store, if the State so wishes, or if he is out there wanted a crime. Store, refer respectively to comply with section 19 to 22. The request, which should be based on the judgment of the detention order, or incidental to, the appropriate authority of a foreign State may be made directly to the arrest of a man to a legitimate post in Finland. In these cases, can also be supplied in a seizure and search. The use of coercive measures shall be informed without delay of the Ministry of Justice. (30.4.1987/465)
If the Ministry of Justice is of the opinion that the detention of the donation there is a barrier, the Ministry established a right to impose him on the loose. If the barrier is not, and the District Court not ordered detained by dumping free, guests to the State shall be informed without delay of the measure and, at the same time, provide for the time, a maximum of 30 and 45 days for a special reason and the dispatch of the notification, within which the store into a request for release. If this does not happen, he is let free. Notification of the Ministry of Justice to decide. (22.5.2015/660)

L:lla 660/2015 modified 2 shall enter into force on the 1.1.2016. The previous wording of is: If the Ministry of Justice is of the opinion that the detention of the donation there is a barrier, the Ministry established a right to impose him on the loose. If the barrier is not, and the District Court not ordered detained by dumping free, guests to the State shall be informed without delay of the measure and, at the same time, provide for time, not more than 30 or 45 days, for a special reason and the dispatch of the notification, within which a detention admitted to have to ask for release. If this does not happen, he is let free. (28.6.1993/607)
The arrest of a legitimate official may request directly to the foreign police or any other competent authority, in which the person whose extradition is requested is in the territory of Finland, in his presence, as well as the delivery of the search, seizure and detention, if it is in a foreign State on the basis of an agreement or otherwise is permitted. At the request of the Ministry of Justice shall be immediately informed. (30.4.1987/465), section 31 (a) (July 22, 2011/826)


In those cases in which a person may be detained according to this law, he may be detained instead of taking to impose the 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.


32 notwithstanding the terms of the Decree, the Ministry of Justice, at the request of a foreign State may give permission to do so, that person may be prosecuted or punished for an offence committed prior to surrender other than that, on the basis of which the communication is made, or to be conveyed to the rest of the State. Such a request for the imposition of terms and conditions and shall apply by analogy to what is provided for in the extradition. (30.12.2003/1287)
Authorisation may be granted only if the conditions for the issue of the legal documents for the Government.
If the documents according to the law, it is established that the request cannot be complied with, or if the way the Ministry is of the opinion that there is no reason to agree to, the request is immediately rejected. In the other case the Supreme Court will decide whether the requested measure in compliance with the law. If in this case, it is found that the authorization is a barrier, the request cannot be complied with.


33 section of the Ministry of Justice may authorize the issuance of a State to a foreign State to surrender a person who is not a citizen of Finland, will be transported through Finland.
A citizen of Finland may, however, be transported through Finland, if the question is his handover to the rest of the North of the country and on extradition between Finland and the other Nordic countries (1383/2007) as set out in the conditions of his luovuttamiselleen to the receiving State are present, or if the question is his handover to the Member State of the European Union and the Finnish and the other relating to extradition between Member States of the European Union (1286/2003), on the conditions laid down in transit are at hand. (21 December 2007/1384)
The request, which is transported through Finland to the rest of the country as one of the North, it is the task of the diplomatic path, unless the foreign State concerned have not agreed otherwise.


34 section (30.12.2003/1287) the decision taken by the Ministry of Justice under this law may not be appealed.


section 35-35-48 article 48 is repealed L:lla 30.12.2003/1287.




This law shall enter into force on 1 January 1971. It repeals the extradition law of 11 February 1922 (43/22), as amended.

If the State is provided by the request for extradition before the entry into force of this law, but the issue is not finally resolved, the matter is resolved pursuant to this law. In so far as it concerns the procedure must, however, an earlier law to be applied.
The entry into force of this Act, a foreign State with the existing at the time of the agreement, as long as it is in force, continue to apply, even if its provisions do not meet the provisions of this Act.

The change of the date of entry into force and the application of the acts: 2.2.1979/114: this law shall enter into force on 1 April 1979.




30.4.1987/465: this law shall enter into force on 1 January 1989.
THEY'RE 14/85, lvk. Mrs. 9/86, svk. Mrs. 24.8.1990/230/86 819: this law shall enter into force on 1 January 1991.
THEY'RE 66/88, lvk. Mrs. 6/90, svk. Mrs. 56/90 28.6.1993/607: this law shall enter into force on 1 December 1993.
THEY'RE 79/93, 12.2.1999 LaVM 11/93/182: this law shall enter into force on 1 March 1999. The provisions of the laws of the disposal of the Finnish citizen shall, however, only when the Brussels Convention of 27 September 1996 relating to extradition between the Member States of the European Union has come into force or before Finland and between a State, which has made the Declaration referred to in paragraph 4 of article 18 of the Convention, which shall be applied on the 90th day after the date of deposit of the Declaration of the last deposited.
THEY'RE 187/1998, LaVM 18/1998, EV 207/1998, 16.3.2001/238: this law shall enter into force on 25 March 2001.
THEY'RE 1/2001, LaVM 2/2001, 19 April 2002/296 EV 8/2001: this law shall enter into force on 1 May 2002.
THEY LaVM 4/4/2002, 2002, 31/2002 19 April 2002/298 EV: the entry into force of This Act are intended to bring the European Convention on extradition (Treaty Series 32 and 33/1971) article 2, paragraph 1, as Finland is committed to.
This law shall enter into force on 24 April 2002.
THEY LaVM 209/2001, 1/2002, EV 5/2002 30.12.2003/1287: this law shall enter into force on 1 January 2004.
THEY'RE 88/2003, LaVM 7/2003, EV with 128/2003 on the Council framework decision (2002/584/JHA); OJ No l L 190, 18.7.2002, p. 1-21 December 2007/1384: this law shall enter into force on 1 January 2008.
THEY'RE 51/2007, LaVM 8/2007, EV 101/2007 11 January 2008/13: this law shall enter into force on 15 January 2008.
THEY'RE 86/2005, LaVM 10/2007, EV 126/2007 July 22, 2011/826: this law shall enter into force on 1 January 2014.
THEY LaVM 44/222/2010, 2010, EV 374/2010 25/11/2011/1176: 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 22.5.2015/660: this law shall enter into force on the 1 January 2016.
THEY LaVM 34/231/2014, 2014, EV 340/2014