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In accordance with the decision of the Parliament:
Military proceedings shall be dealt with in the general courts, in accordance with the order of the criminal proceedings, in addition to the provisions of this Act. Military rights are laid down in Chapter 6.
The law expressly lays down which general law deals with military matters. The Court of Appeal is the Court of Appeal of Helsinki.
As far as military litigation is concerned, this law also concerns the handling of complaints against disciplinary action.
Military criminal cases are matters of military crime.
Military court will also be charged with an indictment of a soldier, punishable by criminal penalties (39/1889) Articles 1 to 3 or 5 to 14, Chapter 25, Section7 or 8, Chapters 28, 31 to 33 or 35, Article 36 (1) to (3), Article 37 (8) to (10), Chapter 38, paragraphs 1 to 7, 7a, 7b, 8, 8a or 9a, or Article 40, paragraphs 1 to 3 or 5. The condition is that the action has been directed to the armed forces or to another soldier. The issue of a military court is also dealt with in the case of an act punishable by a sentence of (1438/2007) Article 118 . (10/04/2013)
In addition, during the war trial, the offence referred to in paragraphs 1 and 2 shall be dealt with by Article 28 of Chapter 45 of the Penal Code (2) or (3) against the person referred to in paragraphs 2 or 3, where a person has been subjected to another military penal code, in the armed forces or in the article referred to in the said articles. (16.6.2000)
The provisions of paragraphs 2 and 3 relating to the armed forces shall apply mutatis mutandis to the Law on Border Guard and Military Crisis Management (211/2006) , a crisis management organisation. (31.3.2006/215)
In the case of the District Court referred to in Article 1 (2), the case before the court shall be the President and two members of the military tribunal. The President shall act as the President or the district judge as laid down in the Rules of Procedure of the District Court. In this case, the case shall also be dealt with by the (689/1997) Referred to in the written procedure. When dealing with disciplinary matters, there is also a quorum when it is alone chaired by the President. (31.3.2006/249)
In the case of the Court of Appeal, the Chamber shall, in addition to its regular configuration, consist of two military members. The members of the military shall not, however, take part in its deliberations as to whether or not to grant an extension permit to the party concerned. (10/04/2013)
In the case of the Supreme Court, there is a military case in addition to the regular configuration of two military members, except where the case is dealt with in a Chamber with fewer than five members. (3.3.1995/269)
The assignment and eligibility of military members is laid down in Chapter 3.
As prosecutors, the Prosecutor-General of the Public Prosecutor's Office in charge of military proceedings. Prosecutors in the case of military litigation, which are dealt with at first instance, shall be dealt with separately. (13/05/446)
Paragraph 2 has been repealed by L 15.12.2000/1115 .
In the case of a criminal case, the prosecutor has to prosecute, even if the plaintiff has not made a request for prosecution. In addition, the prosecutor is not allowed to file a criminal case without charge of a criminal prosecution in criminal matters (689/1997) in Chapter 1, Article 7 On the basis of the criteria. (11.07.1997/6)
The issue of military proceedings shall be dealt with in the general public law referred to in Article 1 (2), in which the defendant serves or has been obliged to serve, within the general law referred to in Article 1 (2).
The court case may also refer to the general District Court, referred to in Article 1 (2), which is mainly the place where the offence is committed or the place of residence or stay of the defendant, if that statement and costs, as well as the other Shall be deemed to be appropriate.
If the defendant is charged with a number of criminal cases pending before a military court, they may examine the general right referred to in Article 1 (2), which is competent to deal with any criminal charge.
The court of inquiry shall, at first instance, treat the Court of Appeal of the Helsinki Court, when the defendant is a commander or at least worthy of the rank of a major officer, or at least as a servant of the rank of a major in a similar military capacity. Person.
Prosecution of soldiers or other persons involved in the offence under investigation Chapter 45 of the criminal code Shall be examined by the court referred to in Article 5 of which one of them is under the jurisdiction of the court. When a case has been pending before someone has been involved, the same court also accuses others of the case.
If someone involved in a criminal offence is entitled to a court of appeal and at the same time being punished for any other criminal offence, the Court of Appeal shall examine the court case for all the parties involved.
The above provisions shall also apply where two or more are accused of criminal offences, which are related to each other, in such a context that their handling together is the nature of the case, the presentation of the report or For other specific reasons.
If a soldier or other Chapter 45 of the criminal code The person under the jurisdiction of the Court of Justice of the European Communities and of the Court of Justice of the European Communities and of the Court of Justice of the European Communities (689/1997) If it is appropriate for the quality of the case, the presentation of the report or any other specific reason, the competent treatment of the other criminal charge. If, at the same time, the offence to be treated as a military court is committed against a criminal offence, the offence is considered to be minor in relation to a criminal offence and, if the offence is committed, The criminal prosecution of criminal proceedings may also be investigated in accordance with the order of the law of this law.
When two or more persons who are not a soldier or otherwise Chapter 45 of the criminal code Under the conditions laid down in Article 2 (1) of the Law on the Rights of the Child, under the conditions laid down in Chapter 4 of the Law on the Trials of Criminal Procedure, The competent authority.
The Court of Justice, whose competence is governed by this Article, shall consider the matter in its normal composition. Article 11 of Chapter 4 of the Law on criminal proceedings does not apply to the exercise of its powers.
When a court case has been brought before a court which is not competent, the court may, on its own motion, refer the case to the competent court. The decision on the transfer shall not be subject to appeal.
What is laid down in this chapter is also subject to other public-law requirements.
One of the military members of the subcourt shall be an officer and a secondary school officer, an underofficer or a military professional or a member of the crew. (14.11.1997/98)
The military member of the court of treatment must be at least a senior officer.
A military member of the Supreme Court must be at least an officer worthy of the colonel.
Military members of the subcourt and their alternates shall be provided with sufficient numbers of military members of the Finnish language as well as military members of the Swedish language.
The military member of the Supreme Court and of the Court of Appeal shall have a good oral and written knowledge of the language of the Finnish language and a satisfactory oral and written knowledge of the Swedish language.
Military members of the subcourt and an adequate number of alternate members shall determine the court's right of appeal on a proposal by the commanders' commander. (28.6.2011)
Military members of the Court of Appeal and their alternates shall determine the Supreme Court of the persons proposed by the Ministry of Defence.
Military members of the Supreme Court and their alternates shall designate the President of the Republic.
The term of office of the members shall be two years.
Before being appointed as a member of the military, and in the course of the duration of the mission, the (205/2000) A description of their interests. A member of the military shall before he takes up his duties as a judge in a court of law or a judge's assurance, unless he has previously done so.
A military member shall have the right to receive from State resources for his/her activities on a daily basis, plus daily allowances and reimbursement of travel expenses on the basis of the criteria laid down by the Ministry of Justice.
The notification of a criminal offence to be treated as a military case shall be made to the commander or to the police or the prosecutor concerned referred to in Article 5 (1).
A notification made to a superior, other than the one mentioned in paragraph 1, and to the police or the prosecutor, shall be forwarded to the commander referred to in the said paragraph, unless the addressee of the notification is able to resolve the matter or the notification is manifestly unfounded.
The investigation and coercive measures shall be laid down separately. (29.12.1988/12)
In the absence of a disciplinary procedure under the disciplinary procedure, the commander referred to in Article 5 (1) shall decide, at the end of the preliminary investigation, whether the preliminary investigation file shall be submitted to the prosecutor For. (15/122000/1115)
The commander may not submit material to the prosecutor if the preliminary investigation has revealed that no one can be prosecuted, or if the act is due to the circumstances of the lack of consideration, thoughtlessness Or otherwise shall be kept to a minimum in order to maintain discipline and order. (29.12.1988/12)
Paragraphs 1 and 2 shall also apply to the commander, who shall be responsible for supervising the exercise of the commander's disciplinary authority. When it concerns a soldier serving in the armed forces referred to in Article 6, the decision shall be taken by the General Staff.
The prosecution shall take the matter of the prosecution and the other measures as a matter of urgency. (15/122000/1115)
The issue of a military court shall not be dealt with by the law on the imposition of a fine and of a fine (18/04/2010) In accordance with the procedure (27.8.2010/766)
L to 766/2010 (2) shall enter into force at the date of adoption of the law. The previous wording reads:
The issue of military proceedings must not be dealt with in the penal procedure.
Military proceedings must be dealt with as a matter of urgency before the Court. (15/122000/1115)
The subentitlement shall be referred to the court within 30 days of the arrival of the public prosecutor's notice. However, the disciplinary action shall be admissible within seven days of the date of its initiation. (27.4.1990/375)
The subcourt hearing for the purposes of a military case may also be held at any other time and place other than that provided for in the proceedings.
In the case of military court proceedings, the President shall explain the relevant points of law in the case and give his opinion first. By the way, in the event of a vote, it is necessary to comply with what is laid down in a multi-member court. However, the defendant should not be condemned to the punishment, contrary to the opinion of the President, nor to a more severe punishment than the President is in favour of. Dissenting opinions shall be expressed when the decision is declared.
Dissatisfaction with the decision of the Court of First Instance in the case referred to in this Law may be notified and the notification shall be withdrawn within the prescribed period, from the head of the base unit or from the commander of its group, in which the notifier is.
The High Guard or, by the way, under the supervision of the military authorities, may make the declaration of discontent and withdraw it within the prescribed period to the main guard or to the head of the chief.
The military authorities shall immediately inform the District Court of the dissatisfaction of the dissatisfaction and of the withdrawal of the discontent and, if so requested, give a certificate to the party concerned.
The appeal lodged pursuant to this Act, the reply to the application for appeal and any other court or tribunal of the Supreme Court may, within the prescribed period, also give rise to Article 18 (1) and (2). The commander or the commander referred to in paragraph 1.
The consignee shall, without delay, submit the documents to the court, together with a certificate of receipt of the appeals.
An area declared in a military space may be subject to a court martial, rather than general law, if it is necessary to organise the administration of justice.
The establishment and suspension of military law and its jurisdiction are governed by a regulation. At the same time, provision must be made for the court martial law under the Court of Appeal.
The President of the Parliament shall be informed without delay of the adoption of the regulation referred to in this Article. He shall inform the Parliament immediately or, if the Parliament is not assembled, as soon as it has met. The Regulation should be repealed if the Parliament so decides. The Regulation shall not be implemented until the Parliament has decided not to repeal it.
The court martial belongs to the President and two other members.
The other member shall be an officer and a secondary school officer, an underofficer or a military professional or a member of the crew.
The Supreme Court of Justice is appointed by the Chairman of the Ministry of Military Justice. The chairman of the court of war is in force, as is the case with the district judge.
Members of the court of war and an adequate number of alternate members shall determine the right of appeal on a proposal from the General Staff. Instead of the Joint Chiefs, it is possible to submit a motion to the group of the group or other parts of the armed forces, to whom the General Staff has been entrusted with this task.
The chairman and alternate member of the court of war shall be prevented from exercising his/her duties as a member of the court to refer to military law as a member of a serviceable soldier, if the court martial is otherwise of a quorum.
The military court prosecutor and his deputy are in charge of the Joint Chiefs. The district attorney is under the direct control of the Attorney General. (13/05/446)
When the provision referred to in paragraph 1 has not been issued, or the prosecutor and his deputies are prevented from carrying out their duties, the prosecution shall, in the case of urgency of the prosecution, order the commander of the group or other parts of the armed forces.
The mischief is accused of being a court of war and a member of the court of appeal.
Military court cases are subject to military court proceedings, as well as an accusation of a criminal offence committed by a military or other Chapter 45 of the Criminal Code The intended person. If the offender is no longer Chapter 45 of the criminal code However, a military court should not be allowed to deal with a charge other than a military criminal offence.
Where a criminal offence has been committed in an area in which the operation of the general courts has ceased, a military court shall be accused of more than the person referred to in paragraph 1.
An application for a private legal requirement based on a criminal offence must be dealt with Article 1 of Chapter 10 of the Court of Justice The court referred to in paragraph 1.
The Regulation may provide that criminal matters of a particular nature are not dealt with in a court-martial.
The competent military law shall be governed by Articles 5 and 7. In the case referred to in Article 8 (2), a court case may be dealt with in the General District Court if it is considered to be very compelling reasons.
The charge other than Chapter 45 of the criminal code Shall be treated in the court of law of which the offence has been committed or the defendant is found.
When court proceedings are brought to an end, the court of appeal must be ordered to continue the proceedings before the court.
The court martial deals with matters of criminal law. In addition, the provisions of Chapter 4 and Chapter 5 shall apply.
Where, in the case before a court, the defendant is not in charge of the case referred to in Article 2, the court or agent of the case and the nature of the case or, for any other reason, it may be assumed that he is not alone in the exercise of his right to enforce the Order him to be accompanied by a legal aid. The trial assistant may also be ordered during the preliminary investigation, whether or not the case may be referred to the Court. The fees and remuneration payable to the assistant and the assistant shall, where applicable, be in force, as provided for in the Law on Legal Aid (257/2002) .
Delivery books in a military trial are free of charge.
The court or tribunal shall, in the case of a military case, carry out a criminal offence and other criminal sanctions, as well as the compensation to the State for a solution of the national information system for the administration of justice; - and The notification system to communicate information to the military authorities. The provisions of the Act on the national information system of the judicial system shall apply to the award of the subscription (192/2010) And is provided for.
If, contrary to the provisions of this Act, an international agreement requiring Finland is provided for in this Act, the provisions of the Treaty shall apply.
More detailed provisions on the implementation and application of this law shall be adopted by the Regulation.
The entry into force of this law is laid down separately.
HE 86/81, II lvk.Met 14/82, relatives 257/82This Act shall enter into force on 1 January 1989.
HE 158/88, lvhms. 13/88, svk.M. 160/88
This Act shall enter into force on 1 January 1989.
HE 186/88, Ivhms. 14/88, svk.M. 217/88
This Act shall enter into force on 1 May 1990.
HE 100/89, second Ivhms. 1/90, svk.m. 19/90
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 April 1992.
HE 40/90, Ivhms. 15/90, svk.M. 314/90
This Act shall enter into force on 1 January 1993.
Before the entry into force of the law, measures may be taken to implement it.
THEY 133/92 , PuvM 3/92
This Act shall enter into force on 1 September 1995.
THEY 94/93 , LaVM 22/94, SuVM 10/94
This Act shall enter into force on 19 December 1995.
THEY 185/95 UAVM 21/95, EV 174/95
This Act shall enter into force on 1 December 1997.
THEY 131/1996 , LaVM 20/1996, EV 237/1996
This Act shall enter into force on 1 October 1997.
THEY 82/1995 , LaVM 9/1997, EV 98/1997
This Act shall enter into force on 1 January 1998.
THEY 40/1997 , LaVM 13/1997, EV 140/1997
This Act shall enter into force on 1 January 2001.
THEY 17/1999 , LaVM 5/2000, EV 44/2000
This Act shall enter into force on 31 December 2000.
THEY 20/2000 , UaVM 4/2000, EV 86/2000
This Act shall enter into force on 1 May 2001.
THEY 100/2000 , LaVM 8/2000, EV 139/2000
This Act shall enter into force on 1 June 2002.
THEY 82/2001 LaVM 22/2001, EV 182/2001
This Act shall enter into force on 1 January 2004.
Prior to the entry into force of this Act, a military member designated for a limited period of time shall be eligible for the purpose of completing the deadline.
THEY 103/2003 , LaVM 3/2003, EV 81/2003
This Act shall enter into force on 1 October 2006.
THEY 271/2004 , LaVM 1/2006 EV 6/2006
This Act shall enter into force on 1 December 2010.
Before the Supreme Court has acceded to the national system of judicial administration, it shall forward the information referred to in Article 28a by sending a copy of its decision to the Legal Register Centre for the transmission of information to the military authorities, Unless the decree of the Ministry of Justice provides otherwise for the transmission of information.
THEY 102/2009 , LaVM 2/2010, EV 21/2010
The entry into force of this Act shall be regulated by law.
THEY 94/2009 , LaVM 9/2010 EV 84/2010
This Act shall enter into force on 17 May 2011.
THEY 286/2010 , LaVM 34/2010, EV 311/2010
This Act shall enter into force on 1 January 2015.
THEY 8/2013 , PuVM 2/2013, EV 79/2013
This Act shall enter into force on 4 September 2015.
THEY 232/2014 , LaVM 29/2014, EV 335/2014, Directive 2013 /40/EU of the European Parliament and of the Council (32013L0040); OJ L 218, 14.8.2013, p. 8
This Act shall enter into force on 1 October 2015.
Where the contested decision is adopted or declared before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 246/2014 , LaVM 24/2014, EV 308/2014
This Act shall enter into force on 1 October 2015.
The military member shall be obliged to declare his presence when he is first appointed after the entry into force of this law.
THEY 224/2014 , LaVM 28/2014, EV 328/2014
