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In accordance with the decision of the Parliament:
The provisions of this law shall apply to international legal assistance in a criminal case which, upon request, is the competence of the requesting Finnish authority or the authority of a foreign State.
International legal aid within the meaning of this Act shall include:
(1) service of decisions, challenges, invitations and other documents relating to criminal proceedings, including invitations to appear before the authority of the issuing State;
(2) the hearing of witnesses and experts and interested parties, the acquisition of expert opinions, the provision of audits, the acquisition of documents and objectionists and the receipt and submission of other evidence and reports; For the purposes of criminal proceedings;
(3) the use of coercive measures to obtain evidence or to ensure the enforcement of the penalty;
(4) initiating proceedings;
(5) the exchange of information extracted from criminal records for criminal proceedings; and
6) other legal assistance required for criminal proceedings, provision of information on legislation and cooperation.
This law does not cover:
(1) extradition; and
(2) international cooperation in the enforcement of penalties, the transfer of sentenced persons and the transfer of the supervision of suspended sentences and the supervision of conditional sentences; The implementation of the loss penalty or any other sentenced person.
The central authority responsible for the tasks covered by this law shall be the Ministry of Justice.
As a central authority, the Ministry of Justice is responsible for:
(1) receive legal assistance requests sent by a foreign authority;
(2) itself or through the competent Finnish authorities, take care of the fulfilment of requests for legal assistance sent by a foreign government;
(3) send requests for legal assistance from the competent authorities of Finland to the authorities of a foreign country; and
(4) carry out the translation of documents and other tasks of the central authority.
A request from a foreign authority for the provision of legal assistance shall be sent to the Ministry of Justice or directly to the authority competent to discharge the request.
If a request for legal assistance has been sent to the Ministry of Justice, the Ministry shall, without delay, submit a request to the authority competent for the implementation of the request if the fulfilment of the request does not fall within the competence of the Ministry of Justice.
Legal aid to the State may be granted to the State by the Ministry of Justice, the Court of Justice, the Public Prosecutor and the investigating authority. If, in similar circumstances, the measure requested in the request for legal aid requires a decision of an authority other than that of the requesting authority, such a decision shall be sought in Finland as a criterion. (11.4.2014/301)
The request for legal assistance shall be sent to a foreign country in accordance with the order required by a foreign country and taking into account the provisions of any agreements which may be in force between Finland and a foreign country. The request may be sent through the Ministry of Justice, unless the requested authority is able to send it directly to the competent authority of a foreign country or if, for any other reason, the request through the Ministry of Justice is to: Appropriate. The Ministry of Justice may, if necessary, ensure that the request is sent to a foreign State via the Ministry of Foreign Affairs.
More detailed provisions on the procedure to be followed for the application and reception of legal aid and the order of contact shall be laid down by the Regulation.
A request for legal assistance to the Finnish authority by a foreign authority may be made in writing, in technical terms or orally, and may also be sent by electronic means. However, where a request for legal assistance refers to a challenge, an invitation, a decision or any other document, the request shall always be accompanied or accompanied by a document to be communicated. Where there is doubt about the authenticity or content of the request or the accompanying document, the Ministry of Justice or the competent authority may request that the request be confirmed in writing. There is no need to legalise the request for legal aid and related documents.
The request for legal assistance, in so far as it is necessary for the proper implementation of the request, shall include the following information:
(1) the requested authority and information about the court or other authority dealing with the criminal case on which the request is based;
(2) the content and criteria of the request;
(3) the available information on the persons concerned by the request;
(4) the legal characterisation of the offence on which the request is based and the legal elements on which the offence is committed;
(5) a brief description of the criminal act and the facts relating thereto, unless the request means the service of the document;
(6) a description of the facts to be clarified and of the documents and evidence; and
(7) an explanation of the premium and the reimbursement of expenses to which the person who is invited to testify or expert in front of the authority of the requesting State is entitled.
A request for legal aid may be met, even if the request does not meet the requirements set out in paragraphs 1 or 2 if the shortcomings are of a quality that they do not preclude the application of the request.
The request for legal assistance shall be made in Finnish, Swedish or English or accompanied by a translation into one of these languages. The documents relating to the request must also be in Finnish, Swedish or English or accompanied by translations into one of these languages. (11.4.2014/301)
The competent authority may satisfy the request for legal assistance, even if the request and related documents are in any other language other than Finnish, Swedish or English, where the authority accepts the use of that foreign language and not the fulfilment of the request. Otherwise, there is no reason. The tasks of the Ministry of Justice to produce translations from foreign languages in Finnish and Swedish are regulated by a Council regulation. (11.4.2014/301)
The document to be notified does not need to be accompanied by a translation if, pursuant to Article 17 (2), service may be effected without a translation of the document.
A foreign language may be used during a hearing on the basis of a request for legal assistance, if it is requested or otherwise justified by the competent authority, and the use of a foreign language does not prejudice the rights of those involved; or Legal protection. (20 FEBRUARY 2004)
The request for legal assistance shall be subject to the procedure laid down in accordance with Finnish law, unless otherwise provided for in this Act. A request for legal assistance shall be completed without delay and the execution of a request for legal assistance shall, where possible, comply with the time limits set out in the request or otherwise. (20 FEBRUARY 2004)
If the request for legal aid or supporting documents is so incomplete that the request cannot be met, the requesting State authority shall, without delay, request the request to supplement the request or to provide further explanations.
Where a request for a legal aid cannot be fulfilled, or if the application of the request is delayed, it shall be notified without delay to the authority of the requesting State and, at the same time, indicate the grounds for non-compliance or the reasons for the delay.
The competent authority of the requesting State, the parties concerned and the person concerned shall be entitled, in accordance with Finnish law, to appear in the presence of witnesses, experts or parties or any other measure requested. Performing. The authority of the requesting State shall have the right to take part in the proceedings before the Court of Justice and the Court of First Instance, if the court or the investigative authority so authorises.
At the request of the requested State authority, the time and place of the requested measure shall be notified to the requesting State authority in such a timely manner that the authority and those who have the right to be present may become Arriving.
Where the request for legal aid asks for the use of a specific form or procedure, the request shall be complied with, unless it is contrary to the fundamental principles of Finnish law and is not expressly provided for in the otherwise provided or binding international law of Finland. Obligations.
If the request cannot be met in accordance with the specific procedure set out in the request, it shall be immediately notified to the authority of the requesting State and, at the same time, indicate the conditions under which the request could be fulfilled and to inquire, Whether the request must be implemented under these conditions.
Where a request for legal assistance by a foreign authority is addressed to a witness, an expert or an expert, by means of videoconferencing or other appropriate technical means of communication, in which the participants in the hearing have speech and visual contact , the request for consent shall be subject to the condition that this cannot be considered contrary to the fundamental principles of Finnish law.
The consultation may be submitted by the competent authority of the requesting State or may be provided under the direction of that authority.
The President of the District Court or the investigating authority shall ensure the identification of the person concerned and ensure that the hearing complies with the basic principles of Finnish law. Where the competent authority considers that these principles are in breach of these principles, it shall immediately ensure that the consultation is pursued in accordance with those principles or suspended.
A protocol shall be drawn up for consultation, indicating the time and place of the hearing, the identity of the hearing, the identity and status of all the other participants in the hearing in Finland, the oath or declarations made, and the technical conditions under which: The hearing happened. The Protocol shall be forwarded to the competent authority of the requesting State.
In addition to the provisions laid down in paragraphs 1 to 4, the consultation shall comply with Articles 20 to 22.
The defendant may be heard in accordance with the procedure referred to in Article 11a, in accordance with the Finnish law, in accordance with the procedure referred to in Article 11a. In addition, the defendant or suspect has consenting to the procedure. The presence of consent shall be included in the recording.
The defendant or the suspect, who is to be consulted in accordance with this paragraph, shall have the right to an assistant and shall, upon request, be ordered to be heard in accordance with this Article and to provide the necessary consent. The court imposes a reasonable amount of compensation for the defence, which is to the detriment of the State. It is otherwise in force for the defence of the defence of the law on criminal proceedings in criminal matters (689/1997) Provides.
Before seeking consent to a video hearing, the defendant or suspected person shall be informed of his/her right to use the assistant and the fact that he or she can be assigned a defence.
The consultation referred to in Articles 11a and 11b may also be conducted using the telephone. However, the condition is that the consultation has given its consent to the procedure. The presence of consent shall be included in the recording.
Legal aid shall not be provided if the provision of legal aid could undermine the sovereignty of Finland or jeopardise the security of Finland or other essential interests.
Legal aid will not be provided if the provision of legal aid is contrary to the principles of human rights and fundamental freedoms, or if the provision of legal aid would otherwise be contrary to the fundamental principles of the Finnish legal order.
Legal aid may be refused if:
(1) the request is based on an act which must be regarded as a political crime or a criminal offence covered by military criminal law;
(2) in accordance with Finnish law, the act justifying the request could not be prosecuted as a result of limitation, amnesty or other similar circumstances;
(3) a preliminary investigation initiated in Finland or in a third State has been initiated in Finland or in a third country; the case is before the Prosecutor's Office or proceedings have been initiated;
(4) in respect of the act on which the request is based, it has been decided, in Finland or in a third State, to waive the forwarding of the preliminary investigation, to bring charges or to leave the defendant unpunished or otherwise dispensing;
(5) a decision has been taken in proceedings brought against the defendant in Finland or in a third State in which the defendant has been convicted of a sentence or has been dismissed; or
(6) the fulfilment of the request would be disproportionate to the quality of the act.
The application of the request for legal assistance may be deferred if the application of the request could adversely affect or delay criminal investigations, pre-trial or trial proceedings in Finland.
The refusal to grant legal aid pursuant to Article 12 (1) shall be determined by the Ministry of Justice. In other cases, the refusal to grant legal aid shall be decided by the authority competent to discharge the request. Where a request for legal assistance has been sent to the Ministry of Justice acting as a central authority, the Ministry of Justice may, without a request to the competent authority, decide that legal aid is not provided if it is obvious that legal aid cannot be provided.
If the District Court has decided that legal aid is not provided, the Ministry of Justice may refer the matter to the Court of Appeal without notice and, if applicable, in accordance with the provisions of the Court of First Instance. If the Court of Appeal has decided that legal aid is not granted, the Ministry of Justice may examine the case before the Supreme Court, without seeking authorisation and in accordance with the provisions of the Court's appeal. A decision refusing access to legal aid in other cases shall not be subject to appeal.
If the request for legal aid means or is required to fulfil it in the form of a (2006) , the use of coercive measures may not be used if, according to Finnish law, it would not be permissible if the act justifying the request had been made in similar circumstances in Finland. (22/2011/823)
Paragraph 1 shall not, however, apply to the execution of a request for money laundering in the event of a person suspected of having committed a criminal offence in respect of which the property has been obtained from the other or which is Produced benefits, and not the data retention order referred to in Article 24 of Chapter 8 of the Law on Forced Species. (22/2011/823)
Where a request for legal aid relates to the hearing of a suspect or a defendant in a foreign State in accordance with a request for legal assistance in the case of a request for legal assistance in the case of a preliminary investigation or a court of law, no such person shall receive a hearing on the grounds of the request Arrest, detain or impose a travel ban.
If a request for legal aid includes an invitation to appear before a foreign authority, the Finnish authority shall not be required to comply with the invitation to comply with the invitation to be heard or to use coercive measures to comply with the invitation, Of the European Union. The obligation of the witness and the plaintiff to comply with the invitation of the court of another Nordic country is to be required to appear before the court of another Nordic country in a number of cases (169/75) .
The Ministry of Justice may decide that legal aid is not provided if the requesting State does not provide such legal assistance on the basis of a request for legal assistance by the Finnish authority.
The service of the document shall be effected in accordance with the procedure under Finnish law to comply with the notification of the corresponding document, or in accordance with the specific procedure laid down in the request, if this cannot be considered to be Contrary to the basic principles. The service of the document shall be accompanied by a certificate stating the time, place and manner of service, and to whom the document was served and to whom the document was lodged. (20 FEBRUARY 2004)
The service of the document shall be effected in accordance with paragraph 1 if the document to be served is in Finnish or Swedish, or if the document to be served is accompanied by a translation into one of the two languages. Otherwise, service may be effected only by means of a document to which the document is to be served if he agrees to accept it. However, the notification may be submitted in accordance with the order provided for in paragraph 1, if it is clear that the person to whom the document is to be served is sufficiently understood by the language of the document or the translation attached thereto.
Details of the procedure for notification of the procedure are laid down in the Regulation.
The notification of a summons or invitation may be refused if the invitation and any other documents to be notified have not been submitted to the requested Finnish authority so early that the invited party has been: A reasonable time available to appear before the hearing. However, the notification may be provided if the person to whom the document is to be notified agrees to receive the document.
On the basis of a request made by a foreign authority in accordance with this law, the prosecution may, in accordance with the provisions of the Finnish law, be subject to criminal prosecution.
Where a request for legal assistance by a foreign public authority concerns the hearing of witnesses or experts, the presentation of documents, the execution of the review or the acquisition of other evidence, or the hearing of the parties and the measure requested, Falls within the jurisdiction of the Court of Justice, responsible for the taking of evidence or of hearing a general court of law if:
(1) the criminal case in question is pending before a court of a foreign State which has submitted a request; or
(2) the receipt of evidence or the hearing of interested parties has been requested by the court.
The receipt of evidence or the hearing of the parties concerned shall be carried out by the district court of the place of domicile or habitual residence of the person in the tachograph or where the taking of evidence or the hearing may otherwise be Appropriate to happen. If the court considers that his presence is necessary, the prosecutor must appear before the court. Otherwise, the procedure shall, where appropriate, comply with what is in force in criminal matters. (13/05/454)
In cases other than those referred to in Article 20, the competent preliminary investigation authority shall be responsible for obtaining evidence and other evidence and for the hearing of the parties and other persons concerned. Otherwise, the procedure shall, where applicable, comply with the rules governing the prevention of the offence.
The person being heard, as a witness or expert in the proceedings before a court of Finland, as a witness or expert by a foreign authority, is entitled to refuse to testify or to give an opinion if he has: This right or obligation under the law of the State of Finland or the requesting State. The law of a foreign State shall be taken into account if the right or the obligation to refuse to testify has been found in a request for legal assistance by a foreign State or, if the requested State authority is confirmed by the requested State authority, At the request of the investigating authority or if the grounds for refusal are otherwise known to the judicial or investigative authority.
On the basis of a request for legal assistance by a foreign authority, it is possible to obtain evidence of a search, seizure and data retention order, the interception of telecommunications, the interception of telecommunications, the acquisition of data instead of the interception of telecommunications, The acquisition of location information for the suspect and the convicted person, the acquisition of support station information, planned surveillance, concealment of information, technical monitoring, cover and false purchases, use of controlled piercing, and A description of the identity, if requested in the request for legal assistance, or Is necessary to implement the request for legal assistance. (11.4.2014/301)
In order to ensure the enforcement of a penalty to be imposed or imposed on a foreign country in a foreign country, in Finland, coercive measures may, at the request of a foreign authority, be used by means of coercion in the event of a future or determined State The penalty could be enforced in Finland.
The conditions for the use of coercive measures and the procedure to be followed must be applied to the procedure laid down in Article 15 (1) of this Law and by the Forced Instruments Act. (20 FEBRUARY 2004)
On the basis of a request for legal assistance from the Finnish competent authority to a foreign official, the competent official of that State may, in accordance with the conditions and procedure laid down in Chapter 10 and in accordance with the procedure laid down in Chapter 10, be entitled to cover Or under the direct supervision of the police officer responsible for the implementation of the false purchase, individual cover or dummy purchase measures, as specified in Chapter 10 of the Forced Aspects Act, which have been identified for the execution of a cover or a dummy purchase The written plan to be drawn up.
At the request of a foreign authority, criminal records may be disclosed in accordance with this law for criminal proceedings under the same conditions as may be given to the Finnish authorities. The exchange of information extracted from the criminal record will be decided by the Court of Justice. Subject to otherwise specified international obligations or binding international obligations in Finland, in the case of extradition from another Member State of the European Union, the Legal Register shall be subject to the condition that: Only uses the criminal case to which they are requested. (11.4.2014/301)
The transmission of information extracted from criminal records to the competent authority of another Member State of the European Union shall also be governed by the law on the retention and transmission of information extracted from criminal records between Finland and other Member States of the European Union (214/2012) .
The costs arising from the legal assistance provided at the request of a foreign authority shall not be reimbursed by the State which submitted the request.
However, the costs referred to in paragraph 1 may be charged if the costs are substantial or exceptional, or have been specifically provided for or provided for in the binding international obligations of Finland.
Law on public authorities' activities (18/09/1999) Or without prejudice to the obligation of professional secrecy laid down by law, the legal aid of a foreign country shall also disclose documents containing classified information to be used as evidence in the criminal case, unless the information or document Extradition or use as evidence is not prohibited or restricted by law.
However, the right referred to in paragraph 1 shall not apply to the information which the holder has obtained on the basis of an authorisation for scientific research, statistical purposes or the planning and liquidation of the authorities.
On the basis of an international agreement or any other international obligation under an international obligation, for the purposes of an examination, pursuit or preliminary investigation, or a request for legal assistance submitted or approved by the Finnish authority, A civil servant who damages his official duties in the territory of Finland shall be treated as equivalent to a Finnish official.
In the case of a request for legal assistance to a foreign authority, the Ministry of Justice may, if necessary, confirm that the Finnish authorities will, in a similar case, grant legal aid to a foreign country which has received the request.
Where the Finnish authority requests legal assistance from a foreign authority, the confidentiality of documents and other records, of professional secrecy and of the right to information of the parties and authorities in force as laid down by the Finnish law.
In addition to the provisions of paragraph 1, the provisions of the Treaty in force between Finland and a foreign country, or the conditions laid down by the issuing State, are subject to confidentiality, professional secrecy, access to information, Or the return or destruction of material supplied.
The person who, in accordance with the request for legal assistance from the Finnish authority, is summoned by a foreign State as a witness or expert in a court of Finland or for questioning in a preliminary investigation shall be entitled to refuse To testify or to give an opinion if he or she has the right or the obligation under the law of a foreign country which has received Finland or a request. The law of a foreign country shall be taken into account if the right or the obligation to refuse to testify has been found in the reply of a foreign State authority issued by the Finnish authority or if the request has been received by a foreign country The Authority, at the request of the Finnish court or the investigating authority, or if the grounds for refusal are otherwise known to the court or preliminary investigation authority.
At the invitation of the Finnish authorities, the immunity of a witness, an expert, an expert, an expert, an expert, or a defendant in a criminal case, as well as of the defendant in criminal proceedings, is provided for in the trial and In certain cases, the immunity of persons participating in the pre-trial investigation (1994) .
More detailed provisions on the implementation and application of this law shall be adopted by the Regulation. In addition, the Ministry of Justice may, if necessary, provide more detailed provisions on the provision of international legal assistance and the request for an application in criminal matters.
This Act shall enter into force on 15 January 1994.
Without prejudice to the provisions of this law, international legal assistance in criminal matters shall also be provided in the form of a separate agreement or provision.
The provisions of this Act do not affect the Finnish authorities' contacts with the foreign authorities in criminal matters in criminal matters ( Interpol ) , or through diplomatic channels.
THEY 61/93 , LaVM 25/93This Act shall enter into force on 1 November 2001.
THEY 90/2001 , LaVM 18/2001, EV 100/2001
This Act shall enter into force on 1 March 2004.
THEY 31/2003 , LaVM 4/2003, EV 92/2003, Council Act (2000/C 197/01); OJ C 197, 12.7.2000, p. 1
This Act shall enter into force on 1 September 2007.
THEY 153/2006 , LaVM 23/2006, EV 264/2006
This Act shall enter into force on 1 June 2011.
THEY 285/2010 , LaVM 31/2010, EV 286/2010
This Act shall enter into force on 17 May 2011.
THEY 286/2010 , LaVM 34/2010, EV 311/2010
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 15 May 2012.
THEY 1/2012 , LaVM 3/2012, EV 24/2012, Council Framework Decision 2009 /315/JHA (32009F0315); OJ L 93, 7.4.2009, p.23
This Act shall enter into force on 15 April 2014.
THEY 213/2013 , LaVM 2/2014, EV 23/2014
