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In accordance with the decision of the Parliament, which has been adopted in accordance with Article 67 of the Statutes,:
The General Court may invite an 18-year-old person who resides in Iceland, Norway, Sweden or Denmark and resides in one of these countries as a witness in a case pending in Finland, if the witness The report can be assumed to be of considerable importance for the clarification of the case and his hearing before a Finnish court is considered to be of particular importance. When considering summoning a witness, account shall be taken of the significance of the case and the disadvantages which may arise for the witness for the duration of the journey or for any other reason.
A court in which the case is not pending may be invited only if there is a particularly important reason.
I invite the court or its chairman.
The invitation shall indicate the date on which it shall be notified at the latest, indicating the sanctions for an unimpeded absence.
If a witness is left without a legal impediment without entering the court, which Article 17, Chapter 17, of the Court of Justice; Provides for. However, he shall not be referred to the Court of Justice unless he is in Finland.
L to 748/2015 Article 3 enters into force on 1 January 2016. The previous wording reads:
If a witness is left without a legal impediment without entering the court, which Chapter 17 of the Court of Justice Articles 36 and 39 provide for. However, he shall not be referred to the Court of Justice unless he is in Finland.
The witness shall not be obliged to testify if it were contrary to the Chapter 17 of the Court of Justice Or equivalent provisions in the country where the witness lives.
L to 748/2015 Article 4 enters into force on 1 January 2016. The previous wording reads:
The witness shall not be obliged to testify if it were contrary to the Chapter 17 of the Court of Justice Articles 20, 23 and 24 or equivalent provisions in the country where the witness lives.
If the summoning witness is in possession of a document which can be presumed to be relevant in the matter, he or she shall be obliged to present a document to the court, unless it is contrary to: Chapter 17 of the Court of Justice Or equivalent provisions in the country where the witness lives. The witness who has been ordered to present a document to the court shall be given an opportunity to pronounce on the order.
If a witness who has been ordered to present a document to the court, fails to fulfil his obligations, the Court may impose a penalty payment on him.
L to 748/2015 Article 5 shall enter into force on 1 January 2016. The previous wording reads:
If the summoning witness is in possession of a document which can be presumed to be relevant in the matter, he or she shall be obliged to present a document to the court, unless it is contrary to: Article 12 of Chapter 17 of the Court of Justice Or equivalent provisions in the country where the witness lives. The witness who has been ordered to present a document to the court shall be given an opportunity to pronounce on the order.
If a witness who has been ordered to present a document to the court, fails to fulfil his obligations, the Court of Justice may impose an obligation on him to do so.
According to this law, the person who has been invited to testify as a witness shall not be allowed to be prosecuted or punished or extradited to a State other than that which he/she has committed in Finland before his arrival in Finland. Received, unless the court agrees or remains in the country for a longer period than 15 days after the absence of an obstacle.
According to this law, a witness shall be paid from State resources for the financial loss and the cost of travel and subsistence according to the criteria laid down for the cost of proof of State resources Of the law (666) .
In the event of an invitation to the witness, the cost of travel and subsistence shall be provided.
The final compensation shall be determined by the court. Compensation shall be paid to the witness immediately after the examination of the witness.
More detailed provisions on the execution of the costs of proof referred to in this Act shall be adopted by the Regulation.
Where a witness has been summoned, at the request of a private party or at the initiative of the court, it is for the court to decide whether or not a party shall be obliged to reimburse the State pursuant to Article 7, either in full or in part Compensation to the detriment of the State.
When a witness has been called upon at the request of the prosecutor or at the initiative of a court other than a court of law, the provisions of the law on the cost of proof of the State resources to be borne by State resources shall be respected.
Where legal aid has been granted to the party concerned, the reimbursement of the costs of proof to the State shall be respected, (257/2002) Provides. (12/05/2015)
L to 748/2015 (3) will enter into force on 1 January 2016. The previous wording reads:
If a party has been granted a free trial, there is a refund to the State of the cost of proof, which is the law on free legal proceedings (1999) Is provided for.
Paragraphs 1 and 2 and Articles 4 to 8 shall apply mutatis mutandis to the plaintiff in the criminal case and, with the exception of Articles 7 and 8, also with regard to the custody or paternity of the child concerned. (9.7.1976-604)
If the plaintiff or party referred to in paragraph 1 does not appear before the Court of Justice, the provisions of Chapters 8 and 12 of the Law of Trials and the Law on criminal proceedings (689/1997) Provides. However, if he is not in Finland, he shall not be brought before the Court of Justice. (12/05/2015)
L to 748/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:
Where the claimant or the party referred to in paragraph 1 shall not appear before the court, the provisions of Chapters 12 and 16 of the Court of Justice shall apply. However, if he is not in Finland, he shall not be brought before the Court of Justice.
If a person who lives in Iceland, Norway, Sweden or Denmark and resides in one of these countries voluntarily without having received the invitation referred to in Article 1 shall appear before the Court as a witness, a lawyer or a person within the meaning of Article 9 The provisions of Articles 4, 5 and 6 shall apply mutatis mutandis.
Who lives in Finland and resides in Finland or in another Nordic country is obliged to comply with an invitation or order issued by a court in Iceland, Norway, Sweden or Denmark under the provisions of the law of the country concerned, which are mainly: Comply with the provisions of this Act. The law is the same if the person concerned resides in another Nordic country but resides in Finland.
The decision by which the Court of Justice of Iceland, Norway, Sweden or the Kingdom of Denmark has condemned the absence or other failure of the person referred to in Article 11 to the fine or periodic penalty payment or to pay compensation for the costs of the proceedings shall be In Finland at the request.
Fines and periodic penalty payments shall be implemented in accordance with the law on cooperation in criminal matters between Finland and other Nordic countries (32/63) In the manner prescribed.
The reimbursement of the costs of the case, as well as the decision on the repayment to the State of the witness, the plaintiff or a party to the State, shall be implemented in respect of the recognition of Nordic judgements concerning the private law requirement, and The law on enforcement (588/77) In the manner prescribed. (21.7.1977/591)
More detailed provisions on the application of this law shall be adopted, where appropriate, by a regulation.
This Act shall enter into force on 1 July 1975.
The Regulation expressly provides for each of the countries referred to in Article 1, from which time this law applies between Finland and the country.
Article 6 of this Act shall enter into force on 1 September 1976 and Article 9 (1) on 1 October 1976.
This Act shall enter into force in the case of Iceland, Norway, Sweden and Denmark at the date specified by the Regulation. (L 591/77 entered into force on 1 January 1978 in accordance with A 1034/77.)
The law shall not apply to a decision adopted before the law enters into force.
This Act shall enter into force on 1 January 2016.
THEY 46/2014 , LaVM 19/2014, EV 274/2014
