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In accordance with the decision of the Parliament:
In accordance with the provisions of this Act, a penalty and penalty imposed by a court of a foreign country for the loss of liberty may be enforced in Finland and the sentence of imprisonment and deprivation of liberty brought by the court of Finland In a foreign country.
In addition, in accordance with the provisions of this law, an independent psychiatric hospital for the purpose of being punished in a foreign country ( Treatment-related ) May be implemented in Finland and in Finland for the purpose of carrying out a medical career in a foreign country. In addition, the international enforcement of the treatment contract is governed by a mental health law. (1116/1990) . (12.06.2010)
Law on cooperation in criminal matters between Finland and other Nordic countries (326/1963) And the Framework Decision on the implementation of the Framework Decision on the application of the principle of mutual recognition to confiscation orders and the law on the application of the Framework Decision (202/2008) May be applied without prejudice to this law.
The cooperation between Finland and the other Member States of the European Union in the implementation of prison sentences is laid down separately.
The penalty imposed by a court of a foreign country may be enforced in Finland if:
(1) the judgment has obtained the law and is enforceable in the State where it is issued;
(2) the act on which the penalty has been imposed is, or would be, in accordance with Finnish law, in accordance with Finnish law, or is in accordance with the law on extradition between Finland and other Member States of the European Union (1286/2003) The intended action; and
(3) the State in which the penalty has been imposed, has or has been granted.
(30.12.2003/1289)In accordance with paragraph 1, the penalty for deprivation of liberty may be enforced in Finland if the sentenced person is a Finnish citizen or has his or her place of residence here and has consented to it. However, a penalty for deprivation of liberty may be implemented in Finland without the consent of the sentenced person if:
(1) sentenced to Finland by fleeing or otherwise in Finland to map the implementation or further implementation of the sanction; or
(2) the sanction or the final administrative decision resulting therefrom contains an order for expulsion or any other measure which, after release of the sentenced person, shall not be allowed to remain in the territory of the State where the sentence Is prescribed.
(16 MARCH 2001)The sentence imposed in a foreign country shall not be enforced in Finland if the criminal prosecution of the offence for which the penalty has been imposed or for the penalty for the loss of the penalty is pending, or the case has been settled by a final judgment. Or if the Prosecutor General has ordered an indictment for that crime. (11.3.1997/207)
The Ministry of Justice may ask a visitor from the State that the penalty imposed there may be enforced in Finland.
The Ministry of Justice shall be decided by the Ministry of Justice to implement the sentence imposed in a foreign country.
Before the Ministry of Justice decides on the implementation of a medical certificate prescribed in a foreign country in Finland, it shall obtain the opinion of the Agency for Social and Health Authorisation and Control. If the Office for Social and Health Authorisation and Health is of the opinion that the implementation of a medical certificate in Finland is not justified in order to achieve the purpose of the treatment, it shall not be enforceable in Finland. (12.06.2010)
In the case referred to in Article 3 (2) (1), a civil servant entitled to arrest may be held in detention if the State in which the penalty is imposed is requested. Such a request may be made by an official of a foreign State directly to a qualified official. 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.
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 district court must immediately inform the Ministry of Justice.
Maintaining and maintaining detention shall apply mutatis mutandis to the detention and detention of prisoners in the Forced Instrumental Act. (2006) And pre-trial detention (1768/2005) Provides. (22/2011/825)
If the Ministry of Justice considers that there is an obstacle to the implementation of the penalty, it shall order it to be released immediately. The detention shall also be released if the Ministry of Justice has not received any request for implementation and any accompanying documents within 40 days of the detention. The detention shall be released at the latest when the combined time of deprivation of liberty in Finland and the State in which the sentence has been imposed corresponds to the time the sentenced person would have been deprived of his liberty if the penalty had been imposed In the foreign country concerned.
The period for deprivation of liberty shall be deducted from the implementation of the Penal Code (39/1889) Article 11 of Chapter 3 In accordance with
The sentenced person 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.
When the enforcement of the sentence imposed in a foreign country is imposed in Finland, the Ministry of Justice shall either:
1), in accordance with Article 7, the provisions necessary for implementing the necessary provisions ( Continued implementation ) Or
(2) adopt measures for the conversion of a penalty imposed in a foreign country in Finland as a penalty, as provided for in Articles 8 to 14 ( Conversion of the sanction ). (5.1.1994/ 9)
In deciding whether or not to extend the exercise of a non-custodial sentence, the Ministry of Justice shall stipulate that the sentence shall be carried out as a prison sentence. In this case, the length of the penalty provided for in the foreign country concerned shall be respected. There is no possibility of further implementation if imprisonment is more severe than the penalty imposed in a foreign country.
In deciding to continue the implementation of the loss penalty, the Ministry of Justice shall order that the penalty be implemented as provided for in the foreign country concerned. There is no possibility of further implementation if the loss penalty is of a quality which according to Finnish law would not be possible.
The Ministry of Justice, when deciding on the extension of the period of treatment provided for in a foreign country, shall provide that the following shall be implemented, in accordance with the opinion of the Office for Social and Health Authorisation and in accordance with the opinion of the Agency. Psychiatric hospital treatment. A person transferred to Finland shall not be allowed to remain in an independent state for longer than that prescribed in a foreign country on the basis of a medical certificate provided for in a foreign country. The time taken to calculate the total duration of treatment shall be the period for which the prescribed course of treatment has been lost as a result of the loss of freedom as a result of the transfer. The determination of the conditions for independent treatment under Finnish law and the date of commencement of the investigation are laid down in Article 22o of Chapter 4b of the Mental Health Act.
The request for the conversion of a sentence other than a treatment sentenced in a foreign country to be enforced in Finland shall be examined in the Helsinki District Court. The translation of the sanction shall be made at the request of the Ministry of Justice.
The court or tribunal shall, in a foreign country, be transformed into a sanction for the loss of liberty, other than that of a medical career, as a custodial sentence for a criminal offence corresponding to the law of Finland. The penalty imposed shall not be more severe than the penalty imposed in a foreign country, even if the latter penalty is less severe than the minimum sentence imposed by Finnish law. (25.11.2015)
The court or tribunal shall deduct from the sentence the time which the sentenced person has been sentenced to have been in a country and a foreign country has been deprived of his liberty.
Paragraph 3 has been repealed by L 5.1.1994/9 .
The court or tribunal shall convert the sentence of loss in a foreign country to the penalty of loss in accordance with Finnish law. However, this penalty shall not be more severe than the sanction imposed in a foreign country.
Instead of the loss of a specific item in a foreign country, the court may order the value of an article to be lost if, according to Finnish law, the loss of value could be attributed to a similar offence and a foreign country Has requested or agreed to it.
In the case of the conversion of the penalty, it must not be examined whether the sentenced person is guilty of the offence for which the penalty has been imposed in a foreign country.
The procedure for the conversion of the penalty shall be applied, unless otherwise provided for in this Act, where applicable, what is in force for criminal proceedings. In this case, the question of what the penalty is for the offence must be judged according to Finnish law.
Before the conversion of a sentenced person in a foreign country, the court shall reserve the right to be heard. The sentenced person shall be heard in person if he so requests and shall not be deprived of his liberty in a foreign country.
The court or tribunal shall order the lawyer to represent or assist the sentenced person in the proceedings for the modification of the sentence, unless it is manifestly unnecessary. The lawyer shall be appointed as a lawyer or if the sentenced person does not have a lawyer, the other appropriate lawyer.
On the basis of the invoice, the Ministry of Justice shall pay the lawyer a reasonable amount of compensation.
If the sentenced person is transferred to Finland prior to the loss of liberty, he or she shall be kept in custody here until the sentence has been converted into compliance with Finnish law by means of an enforceable decision. (5.1.1994/ 9)
In the case of detention, it is appropriate to maintain the validity of the pre-trial detention.
The enforcement of the penalty for the loss referred to in this Act shall be respected in accordance with the Law on Forced Trade, International Law on Legal Assistance in Criminal Matters (1994) And the law on the execution of orders freezing property or evidence in the European Union (1840/2005) Provides. (22/2011/825)
The implementation of this law takes place in Finland, as provided for in the implementation of the judgment of the Court of Justice of Finland. However, the enforcement of sentences imposed by international criminal courts does not apply to the provisions of Article 2 (2) (c) of the Penal Code on the length of imprisonment, the provisions of Section 4 of that Chapter concerning the aggregation of prison sentences, Chapter 5 to 14 of that Chapter. § Provisions for conditional release and not in prison (767/2005) Provisions on the release of the prisoner. Prisoners convicted by international criminal courts may only be released on parole with the consent of the competent authority. The Ministry of Justice shall submit to that body a proposal for conditional release, in accordance with Article 5 (2) (2) of the Penal Code, where applicable, on matters affecting conditional release. (20.11.2009)
When the penalty imposed by a foreign court is enforced in Finland, the property or object of the confiscation shall be lost to the Finnish State. At the request of a foreign authority, the Ministry of Justice may, however, decide that the property, part of it or the confiscated object shall be handed over to the foreign State. (5.1.1994/ 9)
The implementation in Finland of a penalty imposed in a foreign country shall immediately cease when the country concerned has notified the decision or measure that the penalty can no longer be enforced. (5.1.1994/ 9)
The limitation of the implementation of the penalty imposed in a foreign country shall be governed by the law of the State in which the penalty is imposed.
The provisions of the Finnish law on amnesty must also apply to convictions handed down in Finland issued in a foreign country.
In order to implement the penalty imposed in a foreign country in a foreign country, Finland must comply with what has been decided.
If the sentence imposed in a foreign country has been determined by virtue of this law, it shall not be possible to prosecute in Finland for the criminal act on which this penalty is imposed.
Taking into account the penalty imposed in a foreign country for the purpose of determining the collective punishment, Article 9 of Chapter 7 of the Penal Code -In.
In Finland, a sentenced person may be left to be executed in a foreign country if the judgment has been acquired by the law and the foreign State has requested or agreed to it.
In accordance with paragraph 1, a prison sentence sentenced in Finland may be submitted for enforcement in a foreign country if the sentenced person is a national of the foreign country concerned, has his or her domicile or resides in that State and is sentenced to death in a foreign country. Agreed to it. However, the imprisonment of a non-Finnish citizen in Finland may be submitted for enforcement in the foreign country concerned without the consent of the sentenced person if:
(1) sentenced to a foreign country by fleeing or otherwise shy of the execution or further implementation of the prison sentence; or
(2) sentenced by a sentence of imprisonment or of a criminal offence which led to it, has been ordered to convert or to be deported from Finland.
(30.12.2003/1289)In accordance with Article 1 (1), a sentence of deprivation may be lodged in a foreign State in accordance with paragraph 1 if the object or property of the sentenced person is in that foreign country or the sentenced person has property in that foreign country, Where the penalty for forfeiting in Finland can be applied.
Under the conditions laid down in paragraphs 1 and 2, a medical career prescribed in Finland may be enforced in the State of which the person prescribed for the exercise is or has its registered office. (12.06.2010)
Under the conditions laid down in Article 19 (2) and (3), the Ministry of Justice may request a foreign country to implement the sentence imposed by a judicial judgment in Finland.
The decision to leave the sentence imposed in Finland to be enforced in a foreign country shall be decided by the Ministry of Justice.
The Ministry of Justice shall take the decision referred to in paragraph 1 on a proposal from the Agency for Social and Health Authorisation and Control.
The Ministry of Justice shall make the transfer referred to in Article 19 (2) (2) conditional on the refusal of the sentenced person in the foreign country concerned to be prosecuted without the permission of the Ministry of Justice or to be punished for any other For the offence of which the penalty is imposed on him in Finland, except in the event that the sentenced person has not left the country concerned within 45 days after the obstacle has ceased to exist or has returned to it. After leaving the country.
When the Ministry of Justice has decided that the penalty imposed in Finland is left to be enforced in a foreign country, the penalty may no longer be enforced in Finland when the foreign country concerned considers that it has already been fully implemented.
The Ministry of Justice may authorise the movement through Finland of a person who is not a Finnish national who is not a Finnish citizen for the purposes of a foreign country.
The hearing of the sentenced person is valid in the administrative law (2003) Provides.
The sentenced person shall have the right to use the assistant.
The sentenced person shall be ordered to defend, if he so requests, in the case of a transfer of a detention order or a treatment penalty from a foreign country to Finland or Finland to a foreign country. 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. Defender of the Ministry of Justice. The Defender may also determine the court referred to in this Act. The sentenced person shall be informed without delay of his right to use the assistant and the fact that he may be assigned a defence.
If the sentenced person is in a foreign country and has a legal service assigned there, the defence of the defence requires that it be given special reasons for the legal protection of the sentenced person.
The Ministry of Justice orders a reasonable amount of compensation from state resources to the detriment of the State.
The decision of the Ministry of Justice may appeal against the decision of the Helsinki Administrative Court, as in the case of administrative law (18/06/1996) Provides. The appeal must be treated as a matter of urgency. The decision of the Administrative Court shall not be subject to appeal.
L to 19/2015 Article 24 shall enter into force on 1 January 2016. The previous wording reads:
By virtue of Article 3 (2) (1), Article 5 (2), Article 12 (2), Article 19 (2), Article 19 (2), Article 21 (2) or Article 23b (2) of the Ministry of Justice, the decision of the Helsinki Administrative Court may appeal to the Helsinki Administrative Court to: In the administrative law; (18/06/1996) Provides. The administrative court of Helsinki may also appeal against the decision of the Ministry of Justice, referred to in Article 23b (1), which has been refused by the Ministry of Justice. The appeal must be treated as a matter of urgency. The decision of the Helsinki Administrative Court must not be challenged. (12.06.2010)
The decision of the Ministry of Justice under this law shall not be subject to appeal.
The authority of the foreign law (2003) , a refusal or expulsion decision as one of the grounds for a person's unconditional imprisonment shall be sent to the Ministry of Justice with a copy of the decision on the expulsion or expulsion.
The Ministry of Justice shall forward to the Immigration Office a copy of the decision taken pursuant to Article 19 (2) (2) of this Law.
The Ministry of Justice shall be responsible for contacts with the authorities of a foreign country within the meaning of this Act. If necessary, contacts may also take place in a diplomatic way.
More detailed provisions on the application of this law are adopted by the Regulation.
This Act shall enter into force on 1 May 1987.
HE 81/86, Ivhms. 7/86, swing. 135/86This 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 December 1997.
THEY 131/1996 , LaVM 20/1996, EV 237/1996
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 2 August 2005.
THEY 56/2005 , LaVM 7/2005, EV 84/2005 Council Framework Decision 2003 /577/JHA, OJ L 196, 2.8.2003, p. 45
This Act shall enter into force on 1 October 2006.
THEY 263/2004 , LaVM 10/2005, PLN 20/2005 EV 98/2005
This Act shall enter into force on 1 January 2008.
Before the law enters into force, measures may be taken to implement the law.
THEY 90/2007 , PVM 4/2007, EV
This Act shall enter into force on 24 November 2008.
THEY 47/2007 , LaVM 3/2008, EV 7/2008, Council Framework Decision 2006 /783/JOS; OJ L 328, 24.11.2006, p. 59
This Act shall enter into force on 1 January 2010.
THEY 95/2008 , LaVM 6/2009, EV 55/2009
This Act shall enter into force on 1 January 2010.
THEY 120/2009 , UAVM 11/2009, EV 136/2009
This Act shall enter into force on 15 August 2010.
THEY 261/2009 , LaVM 1/2010, EV 8/2010
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.
In the case of appeals 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 230/2014 , LaVM 26/2014, EV 319/2014
