The Law On The Implementation Of Certain Criminal Sanctions In International Cooperation

Original Language Title: Laki kansainvälisestä yhteistoiminnasta eräiden rikosoikeudellisten seuraamusten täytäntöönpanossa

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1987/19870021

In accordance with the decision of the Parliament, provides for: the General provisions of section 1 of Chapter 1 (5.1.1994/9) in accordance with the provisions of this law may be imposed by the Court of a foreign State, the loss of a penalty and forfeiture of freedom implemented in Finland and was condemned by the Court of Justice of Finland to imprisonment and forfeiture to leave the interface in a foreign State.
Also, in accordance with the provisions of this law in a foreign State, the penalty to condemn jätetylle prescribed involuntary treatment (the treatment of penalties) can be implemented in Finland and Finland, provided for the treatment of a penalty to leave to be implemented in a foreign State. In addition to the penalty provided for in the international management of the implementation of the mental health Act (1116/1990). (12 June 2009/418) (11 April 2008/223) between Finland and the other Nordic countries in the implementation of the law of judgments in criminal matters (326/1963), as well as on the application of the principle of mutual recognition to confiscation of the framework decision on the implementation of the provisions of national legislation and of the application of the law of the framework decision (222/2008) Notwithstanding the provisions of this law may be applied.

2. (a) section (25/11/2011/1171) and the other between the Member States of the European Union in the implementation of the prison sentences provided for separately.
Chapter 2 in a foreign State, the conditions provided for in article 3 of the enforcement in Finland (5.1.1994/9) the penalty imposed by the Court of a foreign State is ordered, may be enforced in Finland, if: 1) the Court has become final, and it is enforceable in the State in which it is issued;
2), from which a penalty is imposed, is or would be in Finland under similar circumstances in place according to Finnish law, a crime, or is the Finnish and the other on extradition between Member States of the European Union Act (1286/2003) the Act referred to in paragraph 3; and 3), where the penalty is prescribed, it is requested, or consented to.
(30.12.2003/1289) The loss of freedom, in accordance with paragraph 1, indicating the penalty can be enforced in Finland, if the sentenced person is a national of, or has its head office here and been convicted has agreed to it. Custodial penalties can, however, be implemented in Finland, meaning without the consent of the convicted person, if: 1) the sentenced person in Finland is to flee from the implementation of the penalty or otherwise of the implementation of the extension of the map in Finland; or 2) resolved in a penalty or the administrative decision is included in the order of expulsion or other measure as a result of which the convicted person is not permitted to remain out of prison after his release, the territory of the State in which the sanction is imposed.
(16.3.2001/236) The penalty may not be imposed in a foreign State in Finland, where the criminal prosecution of an offence for which a penalty is imposed, or the application for revocation in respect of the penalty, separately driven action is here pending a final judgement in the case is solved, or, or if the Prosecutor General has ordered the prosecution to withdraw from that crime. (11.3.1997/207)

Section 4 of the procedure by the Ministry of Justice may request a foreign State, that there will be penalties imposed in Finland.

the implementation of the penalty provided for in section 5 of the Foreign State in Finland to decide on the Ministry of Justice.
Before the Ministry of Justice decides on the implementation of the sanction, in a foreign State for care in Finland, it is the need for welfare and health, the opinion of the Agency on the authorisation and supervision of medicinal products. If in the field of Social Affairs and health, the Agency is of the opinion, the authorisation and supervision of medicinal products for the treatment of the implementation in Finland of the penalty is not justified in order to achieve the purpose of the treatment, it may not be imposed in a manner consistent in Finland. (12 June 2009/418) (5) (a) section (16.3.2001/236), in order to ensure the implementation of the arresting officer may be entitled under section 3 of the case referred to in paragraph 1, take the sentenced person to the store, if the State in which the sanction is imposed. The authority of the foreign State, the said request may be made directly to the arrest of a legitimate official. 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.

section 5 (b) (16.3.2001/236) after receipt of notification of the detention 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. The decision of the District Court shall immediately report to the Ministry of Justice.
The store and the store is, mutatis mutandis, in effect, what the imprisonment and pre-trial detention in the law the juge des libertés (806/2011) and pre-trial detention Act (768/2005). (July 22, 2011/825), section 5 (c) (16.3.2001/236) If the Ministry of Justice is of the opinion that there is a barrier to the implementation of the sentence, it shall specify a container taken immediately on release. The store is also taken to let free, unless the Ministry of Justice has not received the request for the implementation and accompanying documents within 40 days of detention. The store taken is to let free no later than the time when the deprivation of liberty an aggregate time in Finland, and in a State where a penalty is imposed, is responsible for the time in which the sentenced person would have had their freedom menettäneenä, if the penalty had been applied in the relevant foreign State.
Custodial penalty to be enforced must be deducted from the corresponding time of the Penal Code (39/1889) in accordance with article 11 of Chapter 3.

Article 5 (d) (16.3.2001/236) Sentenced to detention, rather than to impose a 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.

section 6 When in a foreign State for the implementation of the penalty provided for to happen in Finland, the Ministry of Justice is either 1) in accordance with what is laid down in article 7 of the implementation of the provisions of (the continuation of the implementation of the) or 2) take measures in a foreign State shall be sanctioned by a sanction provided for in the conversion in Finland of the interface as specified in section 8 to 14 is provided for in the (penalty). (5.1.1994/9)

The continuation of the implementation of paragraph 7 (12 June 2009/418), the loss of freedom to mean the continuation of the implementation of the sanction, the sanction as a treatment for the Ministry of Justice shall provide for the implementation of penalties of imprisonment as a penalty. In this case, the length of the penalty is to be used, what is relevant in a foreign State. The continuation of the implementation of it is not possible, if a prison sentence imposed in a foreign State is more severe.
When deciding on the application for revocation of the extension of the implementation of the sanction of the Ministry of Justice shall order that the penalty shall be implemented as specified in the relevant foreign State. The continuation of the implementation of it is not possible, if the forfeiture is a quality one, which according to Finnish law, it would not be possible.
When deciding on the continuation of the implementation of the sanction imposed in a foreign State for the care of the Ministry of Justice shall provide for the implementation of sanctions in the field of Social Affairs and health, licensing and control in accordance with the opinion of the Agency will function as an independent psykiatrisena hospital treatment. Finland transferred person is in a foreign State for the treatment on the basis of the penalty will be considered by an independent treatment of longer than in a foreign State has been determined. Hoidossapidon the calculation of the total duration of the need to reduce the time in which the treatment of the transfer on the implementation of the penalty imposed as a result of the crime have been liberty menettäneenä. Under Finnish law, how to determine the conditions of an independent report on the management of the will of the launch of the time provided for in Chapter 4 of the law on mental health (b) 22 o.

The conversion of the penalty in section 8 (12 June 2009/418) the requirement in a foreign State, the conversion of the penalty, the rest of the sentence of the convicted person as a treatment implemented in Finland, the Helsinki District Court sanction will be examined. The requirement for the conversion of the penalty at the request of the Prosecutor, the Ministry of Justice will.

under section 9 of the Court of justice must be converted in a foreign State, sentenced to a custodial penalty other than the penalty for the offence provided for by the law of Finland for a comparable treatment in prison as punishment. Converted the penalty must not be more severe than the penalty provided for the offence in a foreign State, although the latter sanction would be less severe than the Finnish law a crime there. (25/11/2011/1171)
The Court shall reduce the penalty the length of time that the sentenced person is here and had their freedom as a result of the crime in a foreign State menettäneenä.
(3) repealed by L:lla 5.1.1994/9.

9 (a) in the section of the Court (5.1.1994/9) must be converted to a foreign State in accordance with Finnish law, the application for revocation of the doomed forfeiture sanction. This penalty shall not be more severe than the penalty for the offence in a foreign State.

In a foreign State for a particular object, rather than the loss of the value of the object, the Court may order that the value of the loss could be suspended if the convict according to Finnish law, a similar offence, while condemning the State and at the request of the guest, or agreed to.

section 9 (b) (5.1.1994/9) on the conversion of the penalty shall be guilty of an offence, whether or not convicted, for which a penalty is imposed in a foreign State.

the conversion of the penalty, in the case of section 10 is complied with, unless otherwise provided for in this Act, including, where appropriate, what is in effect on the processing of Criminal Affairs. In this case, the question of what the penalty for the offence is provided, must be critical according to Finnish law.

section 11 (5.1.1994/9) prior to the conversion of the punishment imposed in a foreign State, the Court shall set aside the condemned man the opportunity to be heard. The loss of meaning of freedom penalty conversion of the sentenced person must be heard in person, if he so requests, and there is no freedom menettäneenä in a foreign State.

section 12 (16.3.2001/236), the Court shall order the lawyer to represent or assist in converting the penalty is convicted of any of the proceedings, unless it is manifestly unnecessary. As an Assistant to a lawyer appointed by the sentenced person must be imposed or if the sentenced person does not appoint a lawyer, the rest of the suitable lawyer.
The Ministry of Justice to perform the role of the lawyer in this State on the basis of an invoice from the resources of equitable remuneration.

section 13 If the sentenced person is in the conversion of the penalty prior to the loss of freedom means moved to Finland, he has to be considered here in the store, until the sanction is in line with the Finnish law of a decision which shall be enforceable within the converted the penalty. (5.1.1994/9)
The store is kept at the appropriate point, in effect, what the pre-trial detention is provided for.
In compliance with the law, the application for revocation as referred to in the implementation of the safeguarding of the penalty, what law the juge des Libertés, the Act on international legal assistance in criminal matters (4/1994) and of orders freezing property or evidence in the European Union, on the implementation of the law (540/2005). (July 22, 2011/825)

The provisions of the Act referred to in section 14, In particular is carried out in Finland, as the implementation of a final judgment issued by a court in Finland. The implementation of the sanctions imposed by the International Criminal Court does not, however, apply to the Penal Code, Chapter 2 (c), the provisions of article 2 of the length of the detention, the provisions of the said article 4 of chapter governing the prison sentences of 5 to 14, the provisions of section option from the release and detention Act (767/2005) the provisions of Chapter 21 of the prisoner's release. The criminal penalties imposed by the international criminal courts convicted the prisoners can be released only with the consent of the person competent to parole. The Ministry of Justice will make a presentation to that party in accordance with the conditional release or discharge, mutatis mutandis, of the Penal Code, Chapter 5, section 2 (c) of subsection 2, the provisions on conditional release discharge. (20 Nov 2009/912)
When a foreign court-ordered forfeiture shall be in Finland, going to the property to be confiscated, or object to the Finnish State. At the request of the Ministry of Justice, the authority of a foreign State may, however, decide that the property, or to the proceeds of the sentenced person to the State of objects will be handed over to a stranger. (5.1.1994/9)
The implementation of the sentence imposed in a foreign State in Finland as soon as the stop, when the foreign State has informed of any decision or measure that the penalty can no longer be enforced. (5.1.1994/9) the enforcement of the penalty laid down in article 15 of the limitation of in a foreign State is determined by the law of the State in which the sanction is imposed.

section 16 of the law of amnesty provisions shall also apply in a foreign State to be implemented in Finland adopted certain convictions.
The implementation of the penalty provided for in Finland in a foreign State is to be followed, what is there to mercy by has been decided.

section 17 If in a foreign State the penalty is decided to implement this law, not in Finland may be prosecuted for a criminal offence, for which this penalty is prescribed.

section 18 (19 March 2010/181) in a foreign State for the determination of the penalty provided for in the common penalty of the Penal Code, Chapter 7, section 9.
the implementation of the penalty provided for in section 3 in Finland in a foreign State (12 June 2009/418) section 19 (5.1.1994/9) in Finland, convicted in a foreign State may be filed in the implementation of sanctions, if the judgment has become final and called for the implementation of the State is requested or agreed to.
In Finland, sentenced to terms of imprisonment to be served in a foreign State in accordance with paragraph 1, to leave, if the sentenced person is a national of a foreign State, the person concerned is domiciled or resides in the State and has agreed to it. Other than a citizen of Finland in Finland, sentenced to imprisonment may, however, leave in a manner consistent with the relevant foreign State without the consent of the convicted person, if: 1) been convicted in a foreign State by fleeing or otherwise of the implementation of the enforcement of the sentence or imprisonment of the map there. or 2) sentenced to a prison sentence or the referred to above, as a result of a conviction by final judgment is imposed on the crime has led to käännytettäväksi or to be deported from Finland.
(30.12.2003/1289) In Finland, sentenced to forfeiture can be enforced in a foreign State in accordance with paragraph 1 of the leave, if the property is lost on the sentenced person object or that the convicted person is in a foreign State or in a foreign State property, which in Finland sentenced to forfeiture can be applied.
In Finland, the penalties may be provided for the treatment of the conditions laid down in paragraph 1 and 2 of the leaves to be implemented in the State in which the treatment is provided for a penalty or where they are domiciled. (12 June 2009/418) section 20 (5.1.1994/9) of the Ministry of Justice to article 19 (2) and (3) the conditions referred to in the request the foreign State, the final judgment will be provided there.

section 21 (12 June 2009/418) of the submission of the penalty provided for in Finland to be implemented by the Ministry of Justice in a foreign State to decide.
The Justice Department will make the decision referred to in paragraph 1, the sentence of treatment in health care and social services agency for the authorisation and supervision of medicinal products for the show.
The Ministry of Justice, shall be placed under the article 19 of the transfer referred to in paragraph 2, subject to the condition that those who have been convicted in a foreign State may be relevant to set without the permission of the Ministry of Justice to prosecute or punish the other crime than that, prior to the transfer of that penalty is imposed on him in Finland, except in cases in which the sentenced person has not left the territories of the relevant foreign State within 45 days after it was no longer an obstacle, or he is there to come back after leaving it.

section 22 (12 June 2009/418) When the Ministry of Justice has decided that the sanctions provided for in Finland are left to be implemented in a foreign State, the penalty shall no longer be implemented in Finland, when the relevant foreign State considers that it has already been fully implemented.
Chapter 4 additional provisions in section 23 of the Ministry of Justice may authorize the issuance of a State to a foreign State for the purpose of the penalty to be transferred to a person who is not a citizen of Finland, will be transported through Finland.

23 (a) section (25/11/2011/1171) consultation of the sentenced person is valid, the administrative act (434/2003).

section 23 (b) (25/11/2011/1171) the convicted person has the right to use the Assistant.
The condemned man must provide for the Defender, if he so requests, in the case of deprivation of liberty to mean the transfer of the enforcement of the penalty or sanction to the foreign State to Finland for treatment or Finland in a foreign State. 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 amount of the defender of the Ministry of Justice. The Defender can also in this Act, the Court of Justice on the matter referred to. The condemned man shall, without delay, to sort out his right to use the Assistant, as well as the fact that he may be prescribed.
If the sentenced person is in a foreign State, and to him is the determination of the legal assistant, provided the Defender there requires that it is the point of view of legal security of the convicted person.
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 24 (7.8.2015/919) Ministry of Justice, the decision may be appealed to the Helsinki Administrative Court as administrative act (586/1996). The complaint is to be dealt with as a matter of urgency. The administrative court decision may not be appealed.
L:lla 919/2015 modified section 24 shall enter into force on the 1.1.2016. The previous wording is: section 24 (16.3.2001/236)


The Ministry of Justice, the first subparagraph of article 3 (1), article 5 (2), section 12, subsection 2, section 19, subsection 2, paragraph 2, the first subparagraph of article 21 or article 23 (b) (2) the decision may be appealed to the Helsinki Administrative Court as administrative act (586/1996). The Helsinki Administrative Court may be appealing to change the section 23 (b) of the Ministry of Justice, as referred to in the decision, in which the Assistant is denied. The complaint is to be dealt with as a matter of urgency. The Helsinki Administrative Court decision may not be appealing to the appeal. (12 June 2009/418)
The rest of the decision taken by the Ministry of Justice under this law may not be appealing to the appeal.

Article 24 (a) (9 November 2007/985) authority, that of the Aliens Act (301/2004) makes the käännyttämis-or an expulsion decision on grounds of the person convicted, one of whose unconditional imprisonment, shall be submitted to the Ministry of Justice with a copy of the käännyttämis-or an expulsion decision.
The Immigration Department of the Ministry of Justice shall send a copy of this law, section 19, subsection 2, of the decision taken pursuant to paragraph 2.

section 25 of the Act (5.1.1994/9) for the purposes of this communication as referred to in the authorities of the foreign State takes care of the Ministry of Justice. If necessary, the contact can also be a diplomatic way.

section 26 of this law shall be adopted for the application of the provisions of the regulation for details.

Article 27 of this law shall enter into force on 1 May 1987. THEY 81/86, lvk. Mrs. 7/86, svk. Mrs. 135/86 acts entry into force and application in time: 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 5.1.1994/9: this law shall enter into force on 15 January 1994.
THEY LaVM 61/93, 25/93 11.3.1997/207: this law shall enter into force on 1 December 1997.
THEY 131/1996, LaVM/20, 1996, EV/236 237/96 16.3.2001: this law shall enter into force on 25 March 2001.
THEY'RE 1/2/2001, LaVM 2001, EV 8/2001 30.12.2003/1289: 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 15 July 2005/542: this law shall enter into force on 2 August 2005.
THEY'RE 56/2005, LaVM/2005, 7 EV, 84/2005, the Council framework decision 2003/577/JHA, OJ No L L 196, 2.8.2003, p. 45 on 23 September 2005/773: this law shall enter into force on 1 October 2006.
THEY LaVM 263/2004, (EC) No 10/2005 on the PeVL 20/2005 on 9 November 2007, EV 98/2005/985: this law shall enter into force on 1 January 2008.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY'RE 90/2007, 4/2007, EV PeVM 48/2007 of 11 April 2008/223: this law shall enter into force on 24 November 2008.
THEY LaVM 47/2007, 3/2008, EV 7/2008, Council framework decision 2006/783/JHA; OJ No L L 328, 24.11.2006, p. 59 12 June 2009/418: this law shall enter into force on 1 January 2010.
THEY LaVM 95/2008, 6/2009 20 November 2009/55/2009, EV 912: this law shall enter into force on 1 January 2010.
THEY'RE 120/2009, UaVM 11/2009, 19 March 2010/181/2009 136 EV: this law shall enter into force on the 15th day of August, 2010.
THEY LaVM 261/2009, 1/8/2010 on July 22, 2011, 2010 EV/825: this law shall enter into force on 1 January 2014.
THEY LaVM 44/222/2010, 2010, EV 374/2010 25/11/2011/1171: 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 7.8.2015/919: this law shall enter into force on the 1 January 2016.
On appeal before the entry into force of this law shall apply to the Management Board on the date of entry into force of this law, the provisions in force.
THEY'RE 230/26/2014 2014, LaVM, EV 319/2014