Military Law

Original Language Title: Sotilasoikeudenkäyntilaki

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1983/19830326

In accordance with the decision of Parliament: Chapter 1 General provisions section 1 of the Military trial of the issues dealt with in the ordinary courts in accordance with the order provided for in criminal matters, in addition to the provisions of this law. The rights laid down in section 6 of the war.
The Act specifically provided for in the General district courts, which deal with military matters. Appeal their decisions is the Helsinki Court of appeal.

1. (a) section (27.4.1990/375) the provisions of this law provides for the military matters, also applies to the processing of complaints and disciplinary penalties.

section 2 of the crimes of the military are military matters.
It also deals with the prosecution of the military trial of the soldiers against punishment for an Act provided for in the Penal Code (39/1889) 21 Chapter 1 – – 3 or 5 – 14, 7 or 8 of the 25, 28, 31 to 33 or 35, Chapter 1, chapter 36-3, chapter 37, section 8-10, 38 a number between 1 and 7, 7A, 7B, 8, 8A or 9 (a) of section or 40 a number between 1 and 3 or article 5 of the :. Is subject to the condition that the offence is committed against the armed forces or other troops. The military trial of the matter dealt with as provided for in the Act, the penalty for criminal prosecution in the military service law (1438/2007) 118. (10.4.2015/371)
During the war, in addition to dealing with the issue of the military trial of an indictment from an act referred to in paragraph 1 and 2 of the Penal Code, Chapter 28, section 45 (2) or (3) of the said person, if the Act is committed against a person under the provisions of the military penal, or in the articles referred to in the armed forces. (16 June 2000/560)
What are the 2 and 3 provides the armed forces, applies, mutatis mutandis, to border guards and military crisis management (211/2006) crisis management organization. (as at 31 March 2006/215), section 1, section 3 of the Act, when the District Court referred to in the military trial of the issue before the Court is the Chairman and two members of the military. Chaired by the lawspeaker, or a district judge as laid down in the rules of procedure of the District Court. The matter will be dealt with in this configuration, the Criminal Procedure Act (689/1997) (5) (a) in the case referred to in the chapter of the written procedure. Disciplinary Appeals Court has a quorum when it is alone. (as at 31 March 2006/249)
The Court of appeal in considering the issue of the military trial Chamber shall consist of, in addition to the regular configuration of the two military members. Military members are not, however, take part in the further processing of its resolve, whether or not the party concerned. (10.4.2015 in/387)
The Supreme Court is a military trial of the issue, in addition to the regular configuration of the two military members, does not, however, when the matter will be dealt with in a Chamber, which is less than five members. (3 March 1995/269)
The imposition of the military members of the mission and provided for in Chapter 3.

section 4 of the Office of the Prosecutor General of the military in matters of work as Prosecutor in the trial of these tasks as determined by the kihlakunnansyyttäjät. Prosecutors in the military trial of the cases that the Court will deal with in the first instance, provided for separately. (2011/446) is repealed by L:lla 15.12.2000/11.
The subject matter of a crime in the military trial of the Prosecutor's Office has prosecuted, even if the owner is not provided by the accusation made by a person. The subject matter of the offence by the Prosecutor of the military court is also not allowed to leave the charge without increasing the Criminal Procedure Act (689/1997) 1 on the grounds set out in section 7 of chapter. (in fact yielded a/695), Chapter 2, section 5 of the Military by the competent court in the trial of the case will be the number of the Department of investment and 7 adjacent localities along the next section 1 of the public referred to in paragraph 2 in the County Court, where the defendant is serving, or where he last served or had a duty to serve.
The military trial of the matter to be dealt with also the article I, section 2, for the General Court, which is essentially a and 7 adjacent localities along the offence or to the defendant's place of residence or stay and 7 adjacent localities along the cost, if this report and submitted, as well as other considerations, it is considered to be appropriate.
If the defendant is wanted for a number of crimes in the military trial of the matter under discussion, it may not be to examine article 1 for the General Court, which is competent to deal with any of the crimes on the indictment.

section 6 of the Military trial of the Court at first instance, the Helsinki Court of appeal, when the defendant is the number of the Department Commander, an officer, or at least, or at least the equal of major posts in a military office corresponding to the hour of the person.

section 7 of the indictment as a matter of current crime involved in the military trial of the soldiers, or any other persons covered by the criminal code, chapter 45 against the will to explore it in the case referred to in article 5 of the courts for the place where any one of them is under the jurisdiction of the. When the case has been pending for someone the participation will be received in the same court to blame the other parties.
If anyone has any individual through forensic evidence the Court of appeal condemned the crime and, at the same time, calls for the punishment of an offence, the Court of appeal, examining the rest of the osalliselle all those involved.
The above is provided for, shall also apply if two or more accused of the crimes of the military trial of the matter under discussion, in a context with each other, that they are dealing with a report on the quality of the submission, together with the, or any other special reason.

section 8 (14.11.1997/993) If soldiers or else subject to the Penal Code, chapter 45 people accused of a crime, as well as the subject matter for a military trial for the rest of the offense, will be the first prosecution of an offence referred to in the study in the Court, which is the Criminal Procedure Act (689/1997) according to Chapter 4 of the latter by the competent to deal with the change in the charge of a crime, a report on the matter to the quality of the submission, if it or any other special reason is appropriate. To the user if other than the military trial as a matter to be dealt with at the same time, the crime was a matter for the military trial of the action with the offence and the offence is an offence in relation to a matter dealt with in the military trial of a minor and if working with one of the offences is appropriate, prosecution may also be more than a matter of the present proceedings, the military prosecution of an offence in order to examine the law.
When two or more persons, in which someone does not have the military or otherwise be subject to the criminal code, chapter 45, is wanted for involvement in the offences referred to in article 2, on the conditions laid down in paragraph 1 to examine the dossier with all the split in the Court, which is the Criminal Procedure Act in respect of any interested party, a competent according to Chapter 4 of someone else's.
The Court, whose jurisdiction shall be determined by this section, shall consider the matter at its regular formation. The determination of the jurisdiction does not apply to what the Criminal Procedure Act, Chapter 4, article 11.

9 section When the military trial of the case has been brought before a Court of law, which does not have jurisdiction, the Court may, on behalf of the authorities to refer the matter to the competent court. The decision on the transfer shall not be subject to appeal.
What's the purpose of this chapter is provided for the prosecution of an offence based on bodies governed by public law, also applies to other requirements.
Chapter 3 the members of the Court of Justice in the military court of the military members of the second section 10 must be an officer and another officer, non-commissioned officer or a soldier or military professional crew. (14.11.1997/993)
The Court of appeal in the military must be at least, worthy of an officer.
The Supreme Court, the military must be at least of the Colonel's officer.

section 10 (a) (19 December 2003/1210), the Court of military members and their alternates will be imposed in such a way that there is enough as well as members of the Finnish language, fluent in the Swedish language, fluent in the military military members.
The Supreme Court and the Court of appeal in the military as a member of the Finnish language, the language skills of the eligibility requirement of good oral and written communication skills, as well as the Swedish language satisfactory oral and written communication skills.

Article 11 the Court of the military members and the number of them in sufficient number of alternate members of the Court of the Army Commander. (28.6.2013/521)
The Court of appeal the number of military members and alternate members of the Supreme Court of Justice, proposed by the Ministry of defence.
The members of the Supreme Court, the military and the number of them members of the President of the Republic.
Military members shall serve for a period of two years.

section 12 (8.5.2015/575) to become a member of the military, as well as the imposition of a task to a task is to be presented before the pending appointment of judges be given to amending the law (205/2000) referred to in article 14 of the interests. The military's is before he starts to perform its mission to take an oath before the Court of the judge or the judge's insurance unless he in the past has not done so.
The military member has the right to receive State funds to them, every day of the session, as well as the premium money and travel expenses paid by the Ministry of Justice, which, according to the criteria established.
Chapter 4 section 13 of The access to justice and treatment


Notification of a crime that has to be dealt with as a matter of military trial, shall be made in the section referred to in paragraph 5, the number of the Department Commander, or to the police or the public prosecutor concerned.
Other than those referred to in subparagraph (1), the Manager, as well as to the police or Prosecutor's Office made the announcement in the said paragraph shall, unless the recipient of the notification referred to in the Commander can actually resolve the issue or statement is clearly in error.
Other pre-trial investigation and coercive means provided for separately. Article 14 (29.12.1988/1260) unless the military trial of the criminal case under consideration a matter dealt with in disciplinary proceedings referred to in subsection 1 of section 5 of the number of the Commander of the completion of the preliminary inquiry to resolve whether the preliminary investigation is material to the Prosecutor for prosecution. (15.12.2000/1115)
The Commander may be omitted, if the Prosecutor's Office, the investigation of the material has been found out that nobody may be prosecuted or if the Act was, in the circumstances, sorry for the huomaamattomuudesta, thoughtlessness or ignorance, or act otherwise, the maintenance of discipline and order shall be considered to be negligible. (29.12.1988/1260)
Paragraphs 1 and 2 is one against, also applies to this Department, which is responsible for overseeing the Commander's disciplinary powers. When the case is referred to in article 6 of the armed forces serving soldiers, the solution makes the Commander in Chief.

Article 15 of the Prosecutor's Office must carry out the prosecution of criminal offences and other measures for the military matters of urgency. (15.12.2000/1115)
The military trial of the issue should not be allowed to deal with the imposition of the fine, the fine and the violation of the law (754/2010) in accordance with the procedures. (27th/766)
L:lla 766/2010 modified 2 article at the time of the entry into force of the law, stabilised against. The previous wording: the military trial of the matter shall not be dealt with in the penalty provision in the procedure.

section 16 of the Military trial of the issues before the Court to be dealt with is as a matter of urgency. (15.12.2000/1115)
The Court must take the matter within thirty days of the notification of the arrival of the Prosecutor's Office. However, this has to be referred to the disciplinary appeal within seven days of its stipulations. (27.4.1990/375)
The Court of session for use in proceedings in the military court can be seen also in the intervening period and any other place than the right session is provided.

section 17 of the District Court to resolve the matter in the military trial of the President is going to explain the case to the members of the appropriate law to rule on the first opinion. The vote is to be followed, mutatis mutandis, to points in the voting, what the Court is provided for in the monijäsenisessä. The defendant should not be convicted, contrary to the opinion of the President and the President of the greater penalty than you should. The decision on confiscation is divergent.
Chapter 5 of the decision of the Court of appeal under section 18 of the Discontent in the case referred to in the law of the case may be, as well as notification to cancel within the time limit laid down in the master base unit or permission from the bulk Department, which is introduced by a notifier who is discontent.
Päävartiossa or otherwise under the supervision of the military authorities to be allowed to do to the displeasure of the Declaration and to cancel it within the time limit laid down in the master of Frankfurt and across, or equivalent.
The displeasure of the military authorities of any such withdrawal of a notification and forthwith inform the district (City) Court and, on request, provide a certificate to the person concerned.

paragraph 19 of the judgment given on the appeal, according to this law, only your application as well as the rest of the Court of appeal or the Supreme Court of Justice addressed to the post war legal proceedings may be issued within the time limits laid down in article 18 (1) and (2) to the master or commander.
The consignee shall without delay forward the documents to the Court, as well as, on request, provide a certificate of receipt of the appeal.
Chapter 6 the rights under section 20 of the war War war in the territory of the State of julistetulle can be set to the right instead of to the General Court to deal with criminal cases, if it is necessary to use appropriate for the organisation.
The abolition of the law of war and, as well as from the work provided for in the regulation. At the same time is adjustable subject to the Court of appeal, and the war is.
The adoption of the regulation referred to in this article shall, without delay, inform the speaker of Parliament. In his statement to the attention of the Parliament shall be immediately or, in the absence of the Parliament is not in session, as soon as it has met. Regulation is repealed, if Parliament so decides. The regulation does not and should not be put into effect before the Riksdag has decided that it will not be repealed.

section 21 (14.11.1997/993) court martial consists of a Chairman and two other members.
Another Member must be an officer and another officer, non-commissioned officer or a soldier or military professional crew.

section 22 of the War of the Director shall be appointed by the Supreme Court of Justice of the Ministry of Justice. The President of the military court is valid, what local judges is provided.
The members of the military law, as well as the number of them in a sufficient number of alternate members shall be the Court of the General staff. The Commander of the group, rather than to the armed forces to make a presentation or any other part of the Commander in Chief, to whom is this task.
The President of the military the right to be a member and an alternate is prevented from fulfilling its right to become a member of any of the other task to call the war a soldier in the war in the right way, if there is no quorum.

Article 23 of the code of Military Justice in the prosecution of the Commander in Chief and his Deputy. The military prosecutor's Office of the Prosecutor General for immediate control. (2011/446)
When an order referred to in paragraph 1 has not been issued, or the public prosecutor and his Deputy are prevented, the performance of the task, not the Prosecutor in case of urgency, the Commander of the defence forces or the rest of the section.

Article 24 of the civil servants accused of war crime Court President and the members of the Court of appeal.

section 25 of the military court dealing with military matters, and in addition to the criminal prosecution of a crime that the district made a soldier or other person referred to in chapter 45 of the criminal code. If the offender is no longer subject to the Penal Code, chapter 45, the military court did not, however, deal with the prosecution for an offence other than the military.
If the offence is committed in an area where the general operation of the courts, not the military court to blame more than the person referred to in subparagraph (1).
Separately driven crime-based action on the judicial requirement is to be dealt with in Chapter 10, section 1 of the code of judicial procedure: the case referred to in subsection (1) of the Court of Justice.
A regulation is necessary in order to provide that a certain quality of criminal issues to deal with.

section 26 of the Competent military court is determined by the provisions of article 5 and 7. War of the issue on the article I, section 8 of the case dealt with by the District Court, if the general public is considered to be a very compelling reasons.
The charge is subject to change, chapter 45 of the criminal code as against a person dealing with the military court, in which the crime was committed or the defendant is found.
After the war, in which an action is brought, the Court of appeal, where the Court has determined that the proceedings should continue.

Article 27 of the military court shall consider the matter in criminal matters provided for in the order. In addition, the provisions of chapters 4 and 5 are complied with.
Chapter 7 supplementary provisions article 28 (5.4.2002/262) If, when the proceedings before the Court under section 2 of the relevant defendant is not referred to in the trial counsel or agent and due to the nature of the case or for any other reason, it can be assumed, you will not be able to exercise their right to monitor alone, the Court shall order him legal counsel. The right to counsel during the pre-trial investigation may be suspended, regardless of whether or not the courts. The Assistant and the Assistant of the premium and the compensation is carried out, mutatis mutandis, in effect, what is provided for in the legal aid Act (257/2002).
The military court proceedings will be given free of charge delivery of books.

28 (a) section (05/14/2010/375), the Court must make the military legal proceedings with penalty and other criminal sanction as well as the entries in the administration of Justice, the State compensation for the members of the national information system solution and decision notification system information to the military authorities. The entry of the administration of Justice, shall apply to the adoption of a national information system (371/2010) and under it.

an international agreement binding on Finland, article 29 of the If is specified in the law, contrary to the provisions of this agreement.

the implementation of this law, the provisions of section 30 of the more specific, and the application of a regulation.

the entry into force of this law, the contribution provided for in article 31. THEY 86/81, (II) the lvk. Mrs 14/82, suvk. bet 257/82 acts entry into force and application in time: 23 December 1988/1126: this law shall enter into force on 1 January 1989.
THEY 158/88, lvk. Mrs. 13/88, svk. Mrs. 160/88 29.12.1988/1260: this law shall enter into force on 1 January 1989.
THEY 186/88, lvk. Mrs. 14/88, svk. Mrs. 217/88 27.4.1990/375: this law shall enter into force on 1 May 1990.
THEY'RE 100/89, Another lvk. Mrs. 1/90, svk. Mrs. 19/90 24.8.1990/773:


This law shall enter into force on 1 January 1991.
THEY'RE 66/88, lvk. Mrs. 6/90, svk. Mrs. 56/90 19.4.1991/7: this law shall enter into force on 1 April 1992.
THEY'RE 40/90, lvk. Mrs. 15/90, svk. Mrs. 314/90 11.12.1992/1263: this law shall enter into force on 1 January 1993.
Before the entry into force of the law for the implementation of the necessary measures can be taken.
THEY PuVM 133/92, 3/92, 18.6.1993/523: this law shall enter into force on 1 July 1993.
THEY 370/92, 5/93 referred to UaVM/359: this law shall enter into force on 1 June 1994.
THEY PuVM 302/93, 1/94 of 3 March 1995/269: this law shall enter into force on 1 May 1995.
THEY'RE 231/94, LaVM 26/94 21.4.1995/592: this law shall enter into force on 1 September 1995.
THEY LaVM 22/93, 94/94, SuVM on 21/10/94, 1012: this law shall enter into force on 1 September 1995.
THEY'RE 42/95, LaVM c 248/1468/95 2: this law shall enter into force on 19 December 1995.
THEY are 185/95, UaVM 21/95, EV/202/95 11.3.1997: this law shall enter into force on 1 December 1997.
THEY 131/1996, LaVM/20, 1996, the EV in fact yielded a 237/96/695: this law shall enter into force on 1 October 1997.
THEY'RE 82/1995, LaVM 9/1997, EV 98/1997 14.11.1997/993: this law shall enter into force on 1 January 1998.
THEY LaVM 13/40/1997, 1997, 16 June 2000, 140/1997/560 EV: this law shall enter into force on 1 January 2001.
THEY LaVM 5/17/1999, 2000/44, 2000, 18.8.2000, EV/753: this law shall enter into force on 31 December 2000.
THEY'RE 20/2000, UaVM 4/2000, EV 86/2000 15.12.2000/11: this law shall enter into force on 1 May 2001.
THEY LaVM 100/2000, 8/2000, (EC) No 139/2000 EV 5.4.2002/262: this law shall enter into force on 1 June 2002.
THEY LaVM 22/82/2001, 2001/182/2001 of 19 December 2003, EV 12: this law shall enter into force on 1 January 2004.
Before the deadline for the entry into force of this law provided for the language skills of the military member is eligible to post it to the end of the period.
THEY'RE 103/2003 LaVM 3/2003, EV 81/2003 to 31 March 2006/215: this law shall enter into force on 1 April 2006.
5/1/2006, 2006, UaVM EV 22/2006 31 March 2006/249: this law shall enter into force on 1 October 2006.
THEY LaVM 271/2004, (EC) No 1/2006 on the EV 6/2006 28 December 2007/1442: this law shall enter into force on 1 January 2008.
THEY PuVM 37/2007, 1/2007, EV 110/2007, 05/14/2010/375: this law shall enter into force on 1 December 2010.
Before the Supreme Court has been associated with the administration of Justice, the national information system, it shall forward the information referred to in article 28 (a) by sending a copy of its decision the right to impart information to the registry Agency of the Ministry of Justice, the military authorities unless the regulation provide for the transmission of the information in any other way.
THEY'RE 102/2009, LaVM 2/2010, EV 21/2010 therefore, the entry into force of this law/766: specifically provided for by law.
THEY LaVM 9/94/2009, 2010, 2011, EV 84/2010/446: this law shall enter into force on 17 May 2011.
THEY LaVM 34/286/2010, 2010, EV 311/2010 28.6.2013/517: this law shall enter into force on 1 January 2015.
THEY PuVM 2/8/2013, 2013, EV 10.4.2015/79/13 371: this law shall enter into force on 4 September 2015.
THEY LaVM 29/232/2014, 2014, EV 335/2014, the directive of the European Parliament and of the Council of 13/40/EC (32013L0040); OJ L 218, 14.8.2013, born 8 10.4.2015/387: this law shall enter into force on 1 October 2015.
If the solution is the subject of the appeal, the District Court issued or declared prior to the entry into force of this law, further processing of authorisation at the time of entry into force of this law shall apply to the dispute.
THEY LaVM 24/246/2014, 2014, EV 308/2014 8.5.2015/575: this law shall enter into force on 1 October 2015.
The military member is obliged to inform the sidonnaisuutensa, when he for the first time after the entry into force of this law provides for the performance of their tasks.
THEY LaVM 28/224/2014, 2014, EV 328/2014