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The Court Of Appeal Act

Original Language Title: Hovioikeuslaki

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Court of Appeal

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In accordance with the decision of the Parliament:

ARTICLE 1 (19/04/2013)
Court rights

The privileges of Turku, Vaasa, Eastern Finland, Helsinki and Rovaniemi are general overrights.

The location of the Finnish Court of Appeal is the Kuopio. In addition, the Court of Eastern Finland has a permanent seat at Kouvola.

The jurisdiction of the Court of Justice is laid down by a decree of the Government.

ARTICLE 2
Functions of the Court

The Court of Justice deals with complaints and complaints about the rulings of the district court. (1.11.1996/809)

As a first instance, the court of appeal deals with the prosecution of judges and civil servants of the other courts and public prosecutors of the other courts. In addition, the court of appeal deals with other matters laid down by law. (26.8.2005/668)

The Court of Justice shall deal with the matters of judicial administration entrusted to it and shall supervise the operation of the courts of its subordinates and, if necessary, take action to remove any irregularities which it finds. The Court of Justice may take initiatives in the field of judicial activity and the development and amendment of provisions.

ARTICLE 3 (15/05/568)
Judges of Court of Appeal

The Court of Appeal shall have the President and other members of the Court of Appeal.

The appointment and qualification of the President and members of the Court of Appeal shall be governed by the law on the appointment of Judges (2011) .

The President is the responsibility of the Court of Appeal and its effectiveness.

§ 3a (15/05/568)
Judge posts requiring special language skills

In the case of bilingual court proceedings, in order to safeguard linguistic rights, there may be an adequate number of posts in the Court of Appeal, which must include the language skills referred to in Article 12 (2) of the Law on the appointment of Judges.

The decree of the Council of State provides for the number of posts referred to in paragraph 1 in each bilingual court. Before presenting the case to the Council of State, the Ministry of Justice shall request the opinion of the Supreme Court on the need for the appointment of the Judges referred to in paragraph 1.

§ 4 (19/04/2013)
Chief of Staff of the Court of Appeal

Court of Appeal may have a Chief of Staff, who is responsible for the administration of the Court of Appeal. As a qualification requirement for the post of Chief of Staff, a higher education qualification is appropriate. The chief of staff is appointed by the President of the Court of Appeal.

§ 5 (20,2000/209)

Paragraph 5 has been repealed by L 25.2.2000/209 .

ARTICLE 6 (19/122003/1203)
Rapporteurs for the Court of Appeal

The rapporteurs of the Court of Appeal are the Asesori and the Viskal. As a qualification requirement, the position of the asessor and the visor is a degree in law in law and experience of the duties of a judge.

As an aptitude requirement for the language of the rapporteur, an excellent oral and written knowledge of the language of the majority of the population of the Court of Appeal, as well as:

(1) a satisfactory understanding of a satisfactory understanding of the second language in a single language and a satisfactory oral knowledge; and

2) in bilingual court, a satisfactory oral and written knowledge of the second language.

The Member of the Court of Appeal may also act as rapporteur. An official who fulfils the eligibility criteria provided for in paragraph 2 may be appointed rapporteur.

§ 6a (15/05/568)
District notaries

In addition, there may be a court of law enforcement. The district court is appointed by the President of the Court of Appeal.

The District Court may appoint a court of law to appoint a district court (581/1993) Article 14 Of the Court of Justice of the European Union and the Court of Justice of the European Union. The district court shall have the language knowledge provided for in Article 6 (2) of this Law.

The district court may act as rapporteur on individual cases designated by the Director.

The Court of Appeal shall appoint a judge, an asessor or a visor, and shall draw up a training plan for the content of the exercise plan.

More detailed provisions in court proceedings in the Court of Appeal shall be adopted by a Council Regulation.

§ 7 (20,2000/209)
Participation of a qualified judge in cases

Upon expiry of that period, the Judge appointed for the time limit may continue to participate as a member in the preparation or handling of which he or she has been involved in the period for which he was appointed.

§ 8 (15/05/568)
Parts

The Court of Appeal is divided into departments. The Rules of Procedure of the Court of Appeal shall be laid down in the Rules of Procedure.

Matters relating to the application of the law and to appeals and to an additional appeal in matters of judicial administration shall be dealt with and resolved at the meetings of the departments. Judges appointed for a period of two months or for a shorter period shall not form a majority. However, the appointed judge may, on his own, submit the preparation and do other Article 8 of Chapter 2 of the Court of Justice The solutions and measures referred to in paragraphs 2 and 3.

§ 8a (15/05/568)
Determination of the role of the Director

The President shall assign a court order to the head of the department for a maximum period of three years. The task shall be declared to the court of appeal of the permanent judges appointed before the end of the application period. The competent authority shall have the necessary personal qualities and managerial skills.

The Executive Director may be withdrawn for a reason.

§ 8b (15/05/568)
Duties of the Director

The head of the department heads the department. He shall in particular take care of the general planning and organisation of work in the department and on the effectiveness of the work. He will monitor the consistency of the application of the legal principles and the interpretation of the law in the department's decisions.

When the President is prevented from carrying out his duties, the senior official of the department shall be appointed by the President. In the absence of the President of the Office, the office of the President shall be exercised by the oldest Judge of the Court of Appeal in office.

In the absence of the Director of the Department, his or her duties shall be exercised by the oldest Judge in office.

Article 8c (15/05/568)
Confirmed session and plenary session

The President of the Court of Appeal may refer the matter to the Court of First Instance in its entirety in plenary or to the Court if, at the discretion of the court or part of the case, it appears that the composition is derogating from the Supreme Court or The Court of Appeal or the Court of First Appeal of the Court of Justice. Otherwise, a matter of principle or of a fundamental nature or part of it may be referred to the plenary or to the sitting. Where an oral hearing has been submitted or submitted, there shall be no special reason for postponing the sitting or the plenary session.

The Court of Appeal shall take part in the plenary session of the Court of Justice and the Court of Justice and the Court of Justice. The plenary shall have a quorum when at least half of the members present are present.

The composition of the court of appeal shall consist of seven members. The President-in-Office of the Council, as President of the European Parliament and of Members of the European Parliament and of the European Parliament and of the Council of the European Union, shall be chaired by the President of the European Parliament.

§ 9 (23.5.2003/383)
Composition of the Court of Appeal in certain cases

The court of appeal shall also be quorum in a three-member assembly, composed of two members and the rapporteur for the eligibility criteria provided for in paragraph 4:

(1) if, in respect of which, the decision of the district court in accordance with the requirement of amendment is to be applied to the appellant or, where there is more than one appellant, to all the appellants, the total amount of the allowance shall be limited to the money or any other property or benefit which is liable to be assessed without difficulty. Money, not the amount of money, or the value of the property or benefit in the event of a decision of the district court or when it appears that there has been no more than eur 5 000;

(2) in criminal cases, subject to paragraph 1:

(a) if the defendant has appealed against the decision of the district court in which he or, if there are more than one respondent, none of them has been convicted of a more severe punishment than the fine or six months of imprisonment; and

(b) where the prosecution or the plaintiff's appeal relates to a crime in respect of which, in the circumstances mentioned in the indictment, there is no other or more severe penalty than the fine or imprisonment of not more than one year for six months; and

(3) and irrespective of the limitations referred to in paragraphs 1 and 2, the arrangement of the private person's debt arrangement, the allocation of the executor and the executor, the conversion of the community service or of the control status, and the issue of the captive complaint; and In cases where the requirement of amendment relates solely to interest, costs of proceedings, compensation for State resources or a driving ban. (10/04/407)

However, in the case referred to in paragraph 1, the court or tribunal shall not have a quorum when dealing with cases which have been settled in the district court. Article 3 of Chapter 2 of the Court of Justice Of the European Union.

If the assembly referred to in paragraph 1 is a qualified judge, he shall have experience of a member of the court of appeal for at least three months or be appointed as a member of the court of appeal for a period of two months The deadline.

The rapporteur referred to in paragraph 1 shall be a member of the Court of Appeal of the Court of Appeal or of the Court of Appeal of the Court of Appeal or of the Court of Appeal for at least three years. The rapporteur, in the Constitution, shall have the right to remain in office during the period during which he acts as a member of the Court of Appeal within the meaning of this Article.

For the purposes of calculating the amount of the euro referred to in paragraph 1 (1), no account shall be taken of the interest accruing since the application has been lodged or the costs of the proceedings. On the basis of the change in the cost of the life-cost index, the euro will be changed to the nearest thousand euros, according to the law of the Ministry of Justice.

ARTICLE 10 (10.06.2011/609)
Virkarikos

The Chief of Staff of the Court of Appeal, the Asessor, the Viskal and the district court are accused of malpractice in the Court of Appeal of Helsinki. Similar officials of the Helsinki Court of Appeal are charged with malpractice in the Court of Appeal of Turku.

ARTICLE 11
More detailed provisions

More detailed provisions on the implementation and application of this law shall be adopted by the Regulation.

The Rules of Procedure of the Court of Appeal of the Court of Appeal of the Court of Appeal, after consulting all categories of staff, shall be laid down in the Court's Rules of Procedure.

ARTICLE 12
Entry into force

This Act shall enter into force on 1 May 1994.

This law repeals the Law of 18 January 1952 on the establishment of the Helsinki Court of Appeal (18/21) And the laws (318 and 319/76) of 14 April 1976 on the establishment of a new court of appeal and the Court of Appeal of the Court of Appeal, with their subsequent amendments.

The title of the title of the Court of Appeal, the upper-wage court, the upper-wage court, and the rank of the lower remuneration category is converted into a court of appeal upon entry into force of this Act. (22.4.1994/296)

The impeachment of a power or an action holder, which, pursuant to the provisions or provisions specific before 1 October 1952, has been treated as a first instance by the Court of Appeal, shall be dealt with by the Helsinki Court of Appeal, With the exception of impeachment of the Åland Council or a member of the provincial government. (22.4.1994/296)

Before the entry into force of the law, measures may be taken to implement it. (22.4.1994/296)

THEY 139/93 , LaVM 24/93

Entry into force and application of amending acts:

22.4.1994/296:

This Act shall enter into force on 1 May 1994.

THEY 25/94 , LaVM 6/94

22.12.1994/1325:

This Act shall enter into force on 1 January 1995.

Before the entry into force of the law, measures may be taken to implement it.

THEY 252/94 , LaVM 15/94

21.4.1995/722:

This Act shall enter into force on 1 September 1995.

THEY 94/93 , LaVM 22/94, SuVM 10/94

1 NOVEMBER 1996/809

This Act shall enter into force on 1 December 1996. Transitional provisions are explicitly provided for.

92/1996 , LaVM 10/1996, EV 123/1996

6.3.1998/169:

This Act shall enter into force on 1 May 1998.

THEY 33/1997 , LaVM 19/1997, EV 1/1998

25.2.2000/209:

This Act shall enter into force on 1 March 2000.

THEY 109/1999 , PLN 13/1999, LaVM 1/2000, EV 21/2000

17.11.2000/957:

This Act shall enter into force on 1 December 2000.

THEY 57/2000 , LaVM 7/2000, EV 101/2000

9.11.2001/975:

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

23.5.2003/383:

This Act shall enter into force on 1 October 2003.

THEY 83/2001 , No 27/2002, EV 259/2002

19.12.2003/1203:

This Act shall enter into force on 1 January 2004.

At the time of entry into force of this law, the rapporteur, appointed for the post of rapporteur, will continue to be eligible for the position of the rapporteur in respect of language skills before the entry into force of this Act.

Prior to the entry into force of this Act, the appointment of a limited period of time shall be valid for language skills until the end of the period.

With effect from the date of entry into force of this Act, a person who fulfils the eligibility criteria laid down by law may, after the date of entry into force of this Act, be appointed to the single language court by 30 June 2004 at the latest For the satisfactory verbal skills of another language.

THEY 103/2003 , LaVM 3/2003, EV 81/2003

26.8.2005/668:

This Act shall enter into force on 31 December 2005.

Pending the entry into force of the Act, the pending cases shall be treated in accordance with the provisions in force at the time of entry into force of the Act.

THEY 9/2005 , LaVM, No 81/2005

10.6.2011/609:

This Act shall enter into force on 1 October 2011.

THEY 278/2010 , LaVM 41/2010, EV 338/2010

10.6.2011/6:

This Act shall enter into force on 1 July 2011.

THEY 280/2010 , LaVM 38/2010, EV 327/2010

19.4.2011:

This Act shall enter into force on 1 April 2014.

At the time of entry into force of this Act, cases pending at Kouvola Court of Appeal will be brought before the Court of Appeal in East Finland.

The President of the Republic appoints the Judges (2011) Of the Court of Appeal, the President of the Court of Appeal and the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Appeal of the Court of Justice of the Court of Justice and of the Court of Appeal of the Court of Justice of the European Union The Court of Appeal of Eastern Finland. The opinion referred to in Article 9 (1) of the Law on the appointment of judges is given by the Supreme Court. The other Judges shall be governed by the Civil Service Act. (750/1994) In accordance with The status of other servants other than those referred to above shall be governed by Article 5a of the Civil Service Act. The staff will be consulted prior to the transfer.

In the Court of Justice of Eastern Finland, two posts may be temporarily assigned to the Chief Executive. In this case, only one of them shall be appointed as the Chief of Staff of the Court of Appeal. The President of the Court of Appeal shall determine which of the officials shall be assigned the duties of the Chief of Staff. The law or regulation, which provides for the Chief of Staff of the Court of Appeal, concerns the Chief of Staff responsible for this task.

What else is governed by the Court of Appeal of Kouvola, after the entry into force of this law, of the Court of Appeal of East Finland.

Before the law enters into force, action can be taken to enforce the law.

THEY 153/2012 , LaVM 2/2013, EV 28/2013

10.4.2015/407

This Act shall enter into force on 1 May 2015.

HE 215/2014 , LaVM 18/2014, EV 260/2014

8.5.2015/568:

This Act shall enter into force on 1 October 2015.

The courts of the Court of Appeal shall also be the Court of Appeal appointed at the time of entry into force of this Act. They shall be subject to the provisions of the Court of Appeal.

Upon the entry into force of this Act, the person appointed for the post of the Court of Appeal shall remain eligible for the post of appointment to which he has been appointed. In the case of competence requirements for language proficiency, the qualified court officer shall be able to complete his/her term of office.

In its assessment of the existence of a sufficient number of posts within the meaning of Article 3a in bilingual court, account may be taken of the posts and temporary posts which, at the time of entry into force of this Act, have been appointed by persons meeting the Judges The language requirements laid down in Article 12 (2) of the Appointment Act.

THEY 224/2014 , LaVM 28/2014, EV 328/2014