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The Law Of Penal Procedure

Original Language Title: Laki rangaistusmääräysmenettelystä

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Law on penal procedure

See the copyright notice Conditions of use .

This law has been repealed by L 27.8.2010/754 Which shall enter into force at the time of the adoption of the law.

In accordance with the decision of the Parliament, which has been adopted in accordance with Article 67 of the Statutes,:

General provisions
ARTICLE 1

Under the procedure under this law (penal procedure) A fine may be imposed and a penalty of a loss of up to eur 1 000 for an infringement of which the penalty provision in the case is not subject to a heavier penalty than the fine imposed in the present case; or Not more than six months' imprisonment, as well as a violation of the legally established prohibition of threats. The penalty may be imposed under this law, even if the infringement may be followed by a sanction other than that provided for in this paragraph, if the person who has committed the infringement is not required to be convicted. (27.6.2003/614)

The issue of error or sea law Chapter 20 (674/1994) Or military court proceedings (326/1983) Shall not be dealt with in a penal procedure. (2002/609)

Paragraph 3 has been repealed by L 14.6.2001/525 .

ARTICLE 2

The case may not be dealt with in a penal procedure unless the plaintiff has given its consent. The consent may be given to the investigating authority or to the issuing authority or to the issuing body. Withdrawal of consent shall not prevent the proceedings being dealt with in a penal procedure.

Provision of a penalty requirement
ARTICLE 3

A penalty requirement shall be issued by a police officer, a customs officer or any other official who carries out the supervision provided for by law on his own initiative or on behalf of the prosecutor.

§ 4

The penalty requirement shall be given in writing and signed by the giver.

The penalty requirement shall be:

(1) suspect;

(2) the infringement, when and where it has been committed, as well as any other information necessary to describe the offence;

(3) the applicable law;

(4) the punishment and penalty for the offence; and

5) how the penalty requirement must be applied if he wishes to oppose it.

§ 5 (17/10/2015)

Before issuing a penalty notice, the (805/2011) in Chapter 11 of Chapter 11 Referred to in Article 3 (1) of the Directive, in order to determine whether a sanction is necessary in order to determine whether a sanction is to be imposed. The provisions of Chapter 4, Chapter 4, and Articles 13 and 16 of that law shall then be provided.

ARTICLE 6

The penalty requirement shall be notified to the suspected person at the end of the pre-trial period or, if not possible, as soon as possible after: In Chapter 11 of the Court of Justice Provides for service in criminal matters. (11.07.1997/6)

The statute of limitations shall lapse when the penalty is served on the suspect.

§ 7

After notification, the penalty requirement shall be sent immediately to the prosecutor for the purpose of issuing a sentence.

Opposition to the requirement of punishment
§ 8

If the claimant has been allowed to oppose it, he shall, within one week of receiving the request, inform the Office of the Public Prosecutor referred to in Article 9 thereof. He may also send a notice of opposition by post. The notification shall be accompanied by a penalty requirement which is contested.

The call for penalties must be given back to the resistance to the requirement of opposition. The prosecutor, in accordance with the provisions of the law on criminal matters, may impose a penalty which has been challenged before the District Court. (689/1997) Provides. (11.07.1997/6)

The court proceedings shall be conducted in accordance with the general criminal law order. (11.07.1997/6)

Issue of a penalty order
§ 9

The punishment order will be issued by the prosecutor.

Articles 2 to 3 have been repealed by L 22.3.1996/196 .

ARTICLE 10

The penalty requirement shall be checked promptly by the provider of the penalty order and, when appropriate, to take immediate action to carry out any further investigation it deems necessary or to remedy a defect or defect.

ARTICLE 11

A penalty order shall not be issued if:

(1) there have been objections;

(2) the plaintiff has withdrawn a request for an offence to which the prosecutor is not allowed to prosecute without such a request;

(3) the penalty requirement has not been served until the right of prosecution is Chapter 8 of the criminal code Obsolete;

(4) more than one year after service of the sentence; or

5) there are indications that the penalty should not be imposed.

The provision of a penalty order may be handed down by the provider of a penalty order in the event of a violation of which the law may not be prosecuted.

Without prejudice to paragraph 1 (1), notwithstanding paragraph 1 (1) of the penalty order, if the requirement of a penalty is to be contested solely in respect of the amount of the daily fine, the supplier may, notwithstanding Article 1 (1), issue a penalty order Not referred to the Court of Justice. (30.04.1999/553)

ARTICLE 12

Where the issuing of a penalty order is of the opinion that a penalty order has to be issued for any other act or more harsher than the sentence has been indicated, a new notification shall be provided and the previous penalty requirement shall be withdrawn.

ARTICLE 13

Where a penalty order is not issued pursuant to Article 11, where a penalty is withdrawn or where a penalty is imposed, it shall be notified immediately to the person to whom the sentence has been requested and to the authority responsible for the The advance payment referred to in Article 2 of Chapter 6 of the implementing Regulation.

Law 39A/1889 on the implementation of penalties (as amended by L 128/1995 ) Chapter 6, Section 2, has been repealed by L 672/2002 .

ARTICLE 14

If the sentence has been decided not to give and if, according to the new report in the case, the decision has been substantially based on incomplete or incorrect information, the public prosecutor shall not, without prejudice to the decision, be prosecuted.

The prosecutor has the right, without prejudice to the decision referred to in paragraph 1, to re-examine the question of prosecution in the way that is expressly provided for.

Outstanding provisions
§ 15

The enforcement of the sentence is in force as regards the enforcement of the judgment and the imposition of fines.

ARTICLE 16

The penalty procedure does not apply in respect of which, in some cases, the notification of the sentence to the Authority has been provided, unless the notification obligation is provided for in a particular business or profession, or Traffic control.

§ 17

The penalty shall not be subject to appeal.

ARTICLE 18

In addition to what In Chapter 31, Section 1, of the Court of Justice , the sentence may also be removed from the application when the sentence is based on the application of the wrong law. After the removal of the sentence, the defendant cannot be prosecuted or convicted of a more severe penalty than the sentence imposed.

Regardless of the time limit, the district court may remove a sentence if a person has been treated as another person or under a false name. (26.8.2005/669)

The application referred to in paragraph 1 shall be made to the District Court concerned within one year of the execution of the fine or penalty imposed by a penalty, or when the suspect has paid the fine or the penalty for the loss. (26.8.2005/669)

The district court has a quorum to deal with the application referred to in this section, when it has a member of the law alone. (26.8.2005/669)

Article 18a (26.8.2005/669)

If, in the absence of a legal obstacle, the claimant has not been able to object to a penalty claim within the prescribed time limit or, in support of his or her application, there are otherwise very weighty reasons, the district court may, on application, impose a penalty To oppose a new one-week deadline. The application shall be made within 30 days of cessation of the barrier and no later than one year from the date on which the time limit expired. There is a quorum when there is a member of the law.

§ 19

The prosecutor must correct a clerical error or a clerical error in the penalty provision, or other such a manifest error if the punishment order does not become more severe as a result of the correction. Before correcting a mistake, the defendant shall, where appropriate, be given an opportunity to be heard.

If the penalty for correction is reduced, the new sanction shall be notified in accordance with the provisions of Article 13.

§ 20

More detailed provisions on the implementation of this law will be adopted by the Regulation.

ARTICLE 21

This Act shall enter into force on 1 January 1994.

This law repeals the penal code of 27 February 1970 (146/2015) With its subsequent modifications.

Where a penalty has been issued 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 63/93 , LaVM 12/93

Entry into force and application of amending acts:

22.3.1996/1962:

This Act shall enter into force on 1 January 1999.

THEY 83/95 , LaVM 14/95, EV 3/96

11.07.1997/698:

This Act shall enter into force on 1 October 1997.

THEY 82/1995 , LaVM 9/1997, EV 98/1997

30.4.1999/553:

This Act shall enter into force on 1 October 1999.

THEY 74/1998 , LaVM 25/1998, EV 274/1998

14.6.2001/525:

This Act shall enter into force on 1 September 2001.

THEY 177/2000 , LaVM 8/2001, EV 46/2001

9.11.2001/97:

This Act shall enter into force on 1 January 2002.

Before the law enters into force, measures may be taken to implement the law.

THEY 103/2001 , LaVM 19/2001, EV 119/2001

12.7.2002/609:

This Act shall enter into force on 1 October 2002.

THEY 77/2001 , LaVM 10/2002, EV

27.6.2003/614:

This Act shall enter into force on 1 October 2003.

THEY 20/2002 , HVM 28/2002,

26 AUGUST 2005/669:

This Act shall enter into force on 31 December 2005.

The provisions in force before the entry into force of the Act prior to the entry into force of the Act shall apply.

THEY 9/2005 , LaVM, No 81/2005

ON 22.7.2011/8:

This Act shall enter into force on 1 January 2014.

THEY 222/2010 , LaVM 44/2010 EV 374/2010

8.11.2013/775:

This Act shall enter into force on 1 January 2014.

THEY 63/2013 , LaVM 12/2013, EV 115/2013, Directive 2010 /64/EU of the European Parliament and of the Council (32010L0064); OJ L 280, 26.10.2010, p. 1

8.11.2013/776:

This Act shall enter into force on 1 December 2013 and shall expire on 31 December 2013.

THEY 63/2013 , LaVM 12/2013, EV 115/2013, Directive 2010 /64/EU of the European Parliament and of the Council (32010L0064); OJ L 280, 26.10.2010, p. 1

17.10.2014/822

This Act shall enter into force on 1 December 2014.

THEY 71/2014 , LaVM 7/2014, EV 90/2014, Directive 2012/13/EU of the European Parliament and of the Council (32012L0013); OJ L 142, 1.6.2012, p. 1