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In accordance with the decision of the Parliament:
A criminal case shall not be admissible unless the offence has been brought by a person who is legally entitled to do so.
2. Has been repealed by L 31.3.2006/243 .
The prosecution's job is to prosecute and drive the crime. (13/05/455)
The conditions for raising the charges are laid down in Article 6 (1). In addition, it is complied with, as provided for by the prosecutor's request for prosecution and other special conditions for prosecution elsewhere by law. (22.08.2014/670)
If the plaintiff has made a request for a criminal offence, for which the prosecutor may not press charges without a request from the plaintiff, and there is a suspicion of complicity in the offence, the prosecutor may press charges against those suspected of being Apply. (13/05/455)
If the guardian, the guardian or other legal representative has committed a criminal offence referred to in paragraph 1 against a minor or otherwise a lobby, the prosecutor may prosecute, even if the request for prosecution has not been made. (11.4.1999)
If a criminal offence is committed against a disabled person, from which the prosecutor is not allowed to prosecute without a request from the lawyer, the right to make a request shall be exercised by a disabled guardian or other legal representative. However, the entitlement to a criminal offence against a minor shall be exercised by a guardian or other legal representative. (13/05/455)
The right to make a request for prosecution is alone, if the offence has been directed against the property which he is entitled to take, or if it concerns a legal act to which he is entitled. That right is also under-intensive, even when the offence has been committed against a disabled person who has reached the age of 18 and is able to understand the meaning of the case.
In the case of a minor who has completed 15 years of age, he/she has the right, along with the guardian or other legal representative, to make an independent request for prosecution for the offence against his/her staff.
Where the person's viability is limited by other means than the declaration of incapacity, and the offence of which the prosecutor is not allowed to prosecute without a request for referral by the lawyer, the person concerned shall be entitled: The request for prosecution alone shall be carried out by the guardian. However, the guardian and his client both have the right to make a request for prosecution, if the offence is committed, on which they must jointly order.
The claimant shall make a request to the prosecutor or to the police in whose territory the offence is to be charged. If the request is made to the other prosecutor or the police, it shall be forwarded to the competent authority without delay.
The prosecution shall prosecute a suspected criminal offence if he considers that:
1) is punishable by law;
(2) its criminal prosecution has not expired; and
3) there are probable causes for the crime of the suspect.
However, even if there are likely grounds for the suspect's guilt and the other conditions laid down in paragraph 1 are met, the prosecutor may, however, refrain from prosecution pursuant to Article 7 or Article 8 or any other comparable legal point.
The prosecution shall take a decision not to prosecute if:
(1) the conditions laid down in Article 6 (1) are not met;
(2) he shall refrain from prosecution pursuant to Article 6 (2);
(3) the plaintiff has not made a request for prosecution or any other specific condition laid down in Article 2 (2) for the lifting of the charge is not fulfilled and the quality of the case requires a separate decision.
The decision not to prosecute must be justified. The explanatory statement shall show the facts and evidence and the assessment of the evidence and the legal reasoning on which the decision is based.
The prosecution may not press charges:
(1) where a suspected criminal offence is not expected to be subject to more severe penalties than the fine and is considered to be harmful, taking into account the guilt of the suspect as a whole, to be considered to be minor; and
(2) a suspected criminal offence for which the suspect had not reached the age of 18 and which would not be subject to a more severe penalty than a fine or a maximum of six months in prison and which is considered to be the result of: A lack of understanding or thoughtlessness as a disregard for the law's prohibitions and orders.
In addition, unless important general or private interests require otherwise, the prosecutor shall, in addition to the provisions of Article 7, not prosecute if:
(1) the trial and punishment should be regarded as disproportionate or unintentional, taking into account the agreement reached between the suspect and the injured party or any other suspected action to prevent or eliminate the effects of his actions; Any other consequences, social, health or other aspects of his or her personal circumstances;
(2) the alleged offence does not materially affect the total amount of the sentence in the light of the provisions on the imposition of the common sentence or the imposition of the sentence previously imposed; or
(3) the costs resulting from the continuation of the proceedings would be in a clear manner in relation to the quality of the case and any possible sanction.
If two or more offences committed by the same person have been committed by the same person and has contributed to the investigation of one or more suspected offences, the prosecution may decide not to prosecute any suspected criminal offence. However, the charge must be raised if an important public or private interest so requires.
Before making a prosecution, the prosecutor may invite a party and his/her assistant or agent to a hearing in the event of an interest in the prosecution or proceedings before a court.
If the suspect is under 18 years of age, the prosecutor must urgently decide whether or not to prosecute. The charge must also be increased without delay. (22.08.2014/670)
Unless otherwise provided for in the general interest, the prosecutor shall not submit a claim for loss if:
(1) the benefit or the value of the item or property;
(2) the examination of the criteria or the processing of such criteria before a court would result in manifest excessive costs for the quality of the case; or
(3) the alleged offence is not prosecuted under Articles 7 or 8 or any other comparable legal point.
The decision not to prosecute shall be made and shall be notified to the defendant and to the injured party in such a timely manner that the plaintiff is left with sufficient time to prepare and withdraw the charge referred to in Article 14. The notification shall be transmitted by post or in accordance with In Chapter 11 of the Court of Justice Provides.
Paragraph 2 has been repealed by L 22.8.2014/670 .
If, pursuant to Articles 7 or 8 or any other comparable legal point, the prosecutor has decided not to prosecute, the prosecutor shall, at the request of the prosecutor, not apply to the Court of Justice. The claim shall be submitted to the prosecutor in writing within 30 days of the date of the notification referred to in Article 9 (1).
Where the prosecutor's decision not to prosecute has been brought before the court, the time and place of the hearing shall be communicated without delay and that the case may be settled in spite of his absence. Otherwise, the provisions in force on criminal proceedings shall apply mutatis mutandis.
The prosecutor may, on his own initiative or on the initiative of a party, take action to conduct a draft judgment and to deal with it in the course of the trial referred to in Chapter 5b, if:
(1) the criminal offence has not been punishable by more than six years' imprisonment, but not in criminal law; (39/1889) Articles 1, 4, 5, 6, 8a and 8b or Articles 4, 5, 6a and 7 to 15 of Chapter 21; and
(2) in the proceedings referred to in Chapter 5 (b), he considers the case to be well founded, taking into account the nature and the requirements of the case, on the one hand, and on the other hand, in the order of the proceedings, on the other hand, The costs incurred and the time taken to do so, as well as any element of involvement in any suspected criminal offence or imminent crime.
The judgment may be made when:
(1) the person suspected of committing the offence or the defendant in the criminal case recognises the crime of the suspect and agrees to the case in the trial referred to in Chapter 5b;
(2) the prosecutor and the suspect or the defendant in criminal proceedings are in agreement on a criminal offence;
(3) the plaintiff has stated in the preliminary investigation that he does not have any requirements or agrees to the proceedings in the course of the trial referred to in Chapter 5b.
The prosecutor commits itself to the sentence of the sentence. Article 8a of Chapter 6 of the Penal Code , in accordance with a reduced penalty scale. The prosecutor may also commit to filing charges without raising one or more of the suspected offences in accordance with Article 8 (2) of this Chapter.
The draft judgment shall be written in writing and signed and dated by the parties. The motion shall indicate the information referred to in paragraph 2 and the public prosecutor's undertaking to impose penalties in accordance with the leniency scale. In the draft judgment, the prosecutor may state its position on the type and amount of the sentence imposed. In addition, the content of the draft judgment is, where appropriate, in force, as provided for in Section 3 of Chapter 5 on the application for a challenge.
Where the prosecutor takes the view that a suspected offence may be brought before a conviction, he or she shall negotiate with the suspect or the defendant in criminal proceedings concerning the conclusion of a draft judgment. Where appropriate, the prosecutor shall examine whether the plaintiff agrees to the case in the trial referred to in Chapter 5b.
An assistant shall be assigned to the suspect or to the defendant, unless he expressly wishes to take care of his own defence. It is therefore necessary to provide assistance if the suspect or defendant is unable to defend himself or if he is under 18 years of age. The eligibility criteria for the assistant shall be valid, Article 2 of Chapter 15 of the Court of Justice (1) provides for. Notwithstanding the provisions of Article 1 (2) of Chapter 2 of this Act, the suspected or defendant shall be ordered to defend the defence and the prosecutor's request. Otherwise, the provisions of Chapter 2 shall be valid.
Subject to paragraph 2, in addition to the prosecutor, the prosecutor shall be accompanied by the suspect or the defendant and his/her assistant. If it is for the benefit of the case, the prosecutor may also invite a lawyer who is entitled to use an assistant and, if necessary, another person. The prosecution shall determine, to the extent required by the circumstances, the rights of the suspect or the defendant and, where appropriate, the plaintiff and the meaning of the judgment.
Upon completion of the judgment, the prosecutor shall forward the draft judgment and the relevant preliminary examination material and any other material deemed necessary to the court without undue delay. It shall be brought before the Court of Justice.
If the prosecutor has already filed a charge for the offence referred to in the draft judgment, he or she shall submit a judgment before the court before the start of the main proceedings. The prosecution shall also inform the court of charge of the judgment, which shall suspend the proceedings. After the judgment of the Court of Justice, the prosecutor must, if necessary, inform the court or tribunal whether or not the prosecution is to be terminated or whether or not the prosecution is being prosecuted.
If the draft judgment is not made, the statements made by the suspect or the defendant in the context of the consultation referred to in this paragraph shall not be used as evidence in the criminal case.
If the prosecutor has decided not to prosecute, he may withdraw his decision only if, according to a new report, the decision has been substantially founded on incomplete or incorrect information.
If the prosecutor has made a decision pursuant to Article 8 (2) of the decision to prosecute, or has decided to make a decision as referred to in Article 10, he may withdraw his decision only if the recognition or consent referred to in Article 10 (2) (1) Cancellation or, in the case of a new report, the decision has been substantially based on incomplete or incorrect information.
The prosecutor has the right to retake the case as it expressly provides.
The decision to exclude the claim for loss must be justified in accordance with Article 6a (2). The decision shall be notified to the person concerned as provided for in Article 9. In addition, the provisions of Article 11 (1) and (3) shall be respected.
If, after the prosecution has been brought to an end, the fact that the prosecutor would have had the right to lodge an indictment under Article 7 or Article 8, or any other comparable legal point, he may withdraw the charges. The withdrawal of the charge shall be reported as provided for in Article 9. (22.08.2014/670)
However, the prosecutor may not withdraw his immunity if the defendant in the criminal proceedings opposes or has already been convicted.
The prosecutor may also appeal to the defendant in the case of a criminal case or modify the application to the detriment of the defendant in the interest of the defendant.
Only if the prosecutor has decided not to prosecute or the prosecutor or the prosecutor has decided that the preliminary investigation is not to be transmitted or suspended or terminated. The plaintiff may also prosecute cases where the conduct of preliminary investigations has been delegated by a decision of the investigating officer. (20.1.2010)
Paragraph 2 has been repealed by L 12.06.2005 , which enters into force on 1 January 2016. The previous wording reads:
However, the person against whom an accusation has been made or accused of a criminal offence may, however, always, without the decision of the prosecutor referred to in paragraph 1, prosecute a wrongdoing and an unproven phenomenon.
The plaintiff has the right to associate himself with the prosecution of the prosecutor or another plaintiff and to appeal against a new case. The plaintiff may appeal against a decision in the matter, irrespective of whether or not he has exercised the power of speech.
The plaintiff is entitled to take a charge which has been withdrawn by the prosecutor or by another plaintiff. (13/05/455)
If the plaintiff is charged with a charge, he or she shall inform the court thereof in writing within 30 days of receiving the information on the cancellation of the charge.
If the plaintiff doesn't press charges, he'll lose his immunity. In this case, the charge shall be dismissed by the defendant's judgment.
If the plaintiff withdraws his application for prosecution, he or she will not have the right to submit a request for prosecution in the event of a crime. If the claimant withdraws his or her charges or withdraws his/her prosecution, he forgets his or her immunity.
If the prosecutor is not allowed to prosecute a criminal offence without a request from the plaintiff, and if the plaintiff has withdrawn the request before the prosecutor has filed charges, the prosecution shall not be prosecuted. Withdrawal of the request shall not prevent the prosecution from pressing charges unless the cancellation applies to all the persons involved. (13/05/455)
If someone has been killed as a result of a crime, his or her widows and children have the right to exercise their right to prosecute. If the person who was killed does not have a widow or children, his parents and siblings have the right to prosecute. The parents and siblings that have been killed have the right to exercise the right of prosecution, even if one or some of those who have the primary right to prosecute the plaintiff is a suspect in that offence.
When, for another reason, the plaintiff is dead, the families mentioned in paragraph 1 have the same right to make a request for prosecution as a result of a criminal offence and to prosecute and drive it as if the injured party had had, unless the plaintiff had wanted to: There will be no charges and no charges will be filed.
A suspect in a criminal offence has the right to take care of his own defence in the trial and trial.
At the request of the suspect, he shall be provided with a defence if:
(1) he is suspected or is required to be punished for a criminal offence which has not been punishable by less than four months in prison, or the attempted or complicity of such a crime; or
2) he is in custody or in custody.
The suspect shall be appointed for the defence of the post when:
(1) the suspect is unable to defend himself;
(2) a suspect without a champion is under 18 years of age, unless it is obvious that he does not need a champion;
(3) the person who has been selected by the suspect does not fulfil the requirements to be placed on the defence or is unable to defend the suspect properly; or
4) there is another specific reason.
The court or tribunal may order the plaintiff in the case of a trial lawyer and, where the plaintiff has claims on the case, for the purposes of the proceedings:
1) Criminal law (39/1889) , unless it is considered necessary for a specific reason;
(2) Chapter 21 of the criminal code In the case of a criminal case referred to in Articles 1 to 6 and 6a, if the relationship between the plaintiff and the suspected person is to be considered justified;
(3) in the case of a crime affecting life, health or freedom, where the seriousness of the offence, the personal circumstances of the plaintiff, and other considerations, must be considered to be justified.
Under Articles 1 and 1a, a public defender or lawyer shall be assigned to the defence and legal counsel of the plaintiff. Where a suitable public defender or lawyer is not known or has another specific reason, the defence or legal counsel may be provided for in the law on authorised legal advisers (19/2011) The authorised legal aid for the authorisation. An opportunity to be heard in order to be heard shall be reserved for the defence or legal counsel. (17,061/719)
When the person who is suspected or the plaintiff has himself proposed to defend or to be assisted by a person satisfying the eligibility criteria, this shall be imposed unless specific reasons are required.
The defence shall not be allowed to:
(1) acted as an advisor to the suspect in connection with an investigation into the offence;
(2) suspected, indicted or convicted of a crime liable to reduce his or her reliability in the performance of his defence; or
3) other grounds aesthetical.
If a person is assigned a defence, he shall not be able to (257/2002) Of the assistant. If the suspected person has been assigned an assistant under the Law of Justice before being assigned a defence counsel, the assistant shall be assigned to the defence. (5.4.2002/260)
Subject to the conditions set out in Article 1a, a criminal offence referred to in Article 1 (a), which is to be heard in person and may be considered as requiring support in the case of preliminary investigations and proceedings, may be assigned A support person with adequate qualifications.
In addition to Article 1a, as provided for in Article 1 (a) and in Article 3, the court or tribunal may prescribe a Chapter 20 of the criminal code The person subject to the offence referred to in Article 9 or 9a, other than the injured party for the purposes of preliminary examination, unless it is considered to be unnecessary, and for the purposes of preliminary examination and trial of the aid person, if: The person who was the subject of a criminal offence is to be heard in person in order to clarify the case and, if it may be assumed that he needs
The person and the supporting person referred to in paragraph 1 shall be subject to the provisions of this Chapter relating to the lawyer's lawyer and the support person.
The defendant, the plaintiff's legal counsel and the sponsor, shall be determined by the court in which the criminal case is pending or in which it may be initiated. Subject to the conditions laid down in Article 13 (1) of the Law on Legal Aid, the provisions may be granted retroactively to the necessary measures already taken. If the case is closed and the time limit laid down for the appeal has not yet expired, the above provisions shall be referred to the Court of Justice. (19/122008/928)
In cases referred to in paragraph 1, the District Court shall have a quorum in the composition of a single Judge. The order may be transferred together with the criminal case for which the order is requested. If the request for control is not settled in accordance with the request, the date of issue of the decision shall be notified in writing to the applicant in good time before the decision is adopted. (23.5.2003/382)
If the conditions laid down in Article 1 for the defence of the defence shall cease, the defence of the defence shall lapse, unless, for reasons of legal certainty, the Court of Justice decides otherwise. The suspension of the order of the defendant, the plaintiff's legal counsel and the sponsor shall apply mutatis mutandis, as provided for in the Legal Aid Act. (19/122008/928)
The defence and the plaintiff's legal adviser cannot, without the permission of the court, enforce their second position.
The defence and legal adviser of the lawyer shall be obliged, in accordance with the best practice, to supervise the interests and the right of the client and to facilitate the investigation of the case.
As soon as possible, the defence counsel and the plaintiff's lawyer will be able to negotiate with their client and to prepare for their assistance and to take the necessary measures to enforce those rights. If necessary, he shall also assist his client in applying for a change in the upper court.
The order issued pursuant to this Chapter shall also be valid for the defence and the plaintiff's legal counsel in a separate trial, to which the plaintiff's private legal requirement under Article 3 (3) of Chapter 3 is referred to.
In addition, the defendant and the lawyer's assistant shall, where applicable, be in force, as provided for in the In Chapter 15 of the Court of Justice .
The role of the sponsor is to assist him in the trial and trial as his personal support and to assist him in dealing with the case.
In accordance with this Chapter, the defendant and the plaintiff's legal counsel shall be remunerated in accordance with the provisions of Articles 17 and 18 of the Law on Compensation and the compensation provided for in Articles 17 and 18 of the Legal Aid Code. The defendant, the defendant and the plaintiff in the proceedings, are released from the obligation to pay the fees referred to in Article 4 (1) (3) of the Law. In accordance with Article 4 (2) of the Law Aid Act, the defendant who received the defence and the injured party shall be compensated for the costs incurred in the proceedings. In accordance with this Chapter, the person nominated by the defendant and the defendant, who has received the defendant and the lawyer who has been assisted by the defendant, shall be paid in accordance with the compensation provided for in respect of the costs incurred by the State Law (666/1972) Provides. (19/122008/928)
The liability of the defendant to the State is, where applicable, in force as provided for in Article 22 of the Legal Aid Code.
Article 4 and the decisions referred to in this Article shall be appealed against, mutatis mutandis, as provided for in Article 26 of the Legal Aid Code.
If the court finds that the suspect is guilty of a criminal offence for which he was assigned a defence and a defence, he shall be obliged to reimburse the State in respect of the sums paid out of its assets under Article 10. If the suspected person fulfils the economic conditions for obtaining legal aid within the meaning of the Law on Legal Aid, the compensation shall not exceed the compensation provided for in the Law on Legal Aid. The defence shall provide an explanation of the above conditions, unless the explanation is unnecessary in the present case.
In the case of an indictment, a private legal requirement may be imposed on the offence referred to in the indictment. If such a requirement is imposed separately, the legal proceedings shall be complied with.
Where the charge and the private legal requirement resulting from the offence referred to in the indictment are individually pending before the same court, the court may order the private legal requirement to be dealt with in conjunction with the prosecution.
If the prosecution is pending before another court, the court may refer the offence to a civil claim in the case of a criminal prosecution where there is a particular reason for the transfer.
Where a private legal requirement is provided in the case of prosecution, the court may order that the claim be dealt with separately in the order provided for in the proceedings.
No appeal shall be made for any decision to merge or separate.
The defendant or any other person against whom private law claims have been made may bring proceedings against a third party in the context of criminal proceedings, as laid down in Article 5 of Chapter 18 of the Court of Justice Paragraph 1.
A third person may institute proceedings against one or both of the parties in the course of the prosecution, as Article 5 of Chapter 18 of the Court of Justice Paragraph 2 provides.
If the case is dismissed as inadmissible or withdrawn or the plaintiff has been deprived of his or her immunity, the court may, at the request of the party concerned, order that the proceedings for a civil In the legal order of the proceedings.
If no such claim is made, the matter will be left.
However, if the claimant withdraws his private legal claim after the defendant has replied to it, the defendant shall nevertheless be required to settle the matter.
However, if the case is dismissed, the private legal requirement may be examined or the proceedings may be resumed in the order provided for in the proceedings.
At the request of the party, the prosecutor shall, in connection with the prosecution initiated by the prosecutor, pursue a criminal case against the defendant in the case of a criminal case against the defendant, if it can take place without material injury or a requirement not to: Manifestly unfounded. If the prosecutor does not take the private legal requirement of the plaintiff, he or she shall inform the plaintiff in accordance with Article 9 (1) of Chapter 1. (13/05/455)
The claimant shall submit a request to the investigation or the prosecutor. At the same time, he shall indicate the circumstances on which the claim is based.
In the case of an appeal, the prosecutor, under the conditions laid down in paragraph 1, shall also seek a change in the settlement of the claimant's claim if it has been suspended for the settlement of the case.
If the plaintiff or any other person who has the right to do so is in the preliminary investigation or otherwise, the prosecutor has indicated that he wishes to submit his own private claims for the offence referred to in the application for a challenge application or, if the prosecutor has indicated, That, in spite of the request of the lawyer, he or she and the other person within the meaning of the article must be given the opportunity to submit to the Court an opportunity within the prescribed period to submit their claims and the grounds on which they are based, That the claim may otherwise be dismissed as inadmissible Related.
The court may also, using the telephone or other appropriate means of communication, invite the plaintiff and the other who have the right to make a private legal requirement, to inform the court of its claims and the reasons for it. In this case, the provisions of paragraph 1 shall not apply to the non-admissibility of the requirement. The claim and its criteria shall be sent to the court, at the request of the Court, by telephone or other appropriate means of communication. If the claim submitted orally or the grounds for it is unclear, the court may require them to be established in writing. (31.3.2006)
If not In Chapter 5 of the Court of Justice Subject to Articles 5 and 6, the requirement referred to in paragraphs 1 and 2 may be examined in the context of criminal proceedings, despite the absence of the requirement. (31.3.2006)
After an indictment has been brought, the defendant can, without a challenge, be required to present a private legal claim based on a criminal offence, if the Court of Justice, on the basis of the report and other considerations, considers that it would be counterproductive.
The charge for the offence is examined by the court of the place where the crime was committed. The offence shall be deemed to have been committed and where the criminal act was carried out, and where the crime occurred, or where the crime was found to be the result of a committed crime. Where a crime has been committed in a number of localities in different jurisdictions, the Court of Justice shall have jurisdiction.
If, in the case of prosecution, there is no certainty as to where the offence was committed, the prosecution may be prosecuted in one of the courts in whose jurisdiction the offence may be presumed or whose jurisdiction is to be found in the jurisdiction.
The charge may also be investigated by the court in which the person responsible for the tachograph is resident or habitually resident, if the case is deemed to be disclosed, the costs of the proceedings and other considerations. To be considered appropriate.
The charge for the offence referred to in Chapter 12 or Chapter 13 of the Penal Code is dealt with by the Helsinki District Court.
The competent court for certain cases of criminal offences is laid down separately.
The charge for a criminal offence committed outside Finland shall be investigated, unless otherwise provided otherwise by law, by the court or tribunal of the place of residence, residence or meeting or the court of domicile of the plaintiff.
If a person has committed a number of offences, an indictment of any criminal offence shall be brought before a court competent to deal with a criminal charge if it can speed up or facilitate the sentencing of a collective punishment; and The examination of the case shall be deemed to be appropriate in relation to the costs of the investigation, the costs of the proceedings and other considerations.
The charge against accomplices of the offence may be investigated by a court which is competent for one of the parties. If a case has been pending before someone involved, the same court will also be charged with other parties.
When someone is accused of a different criminal offence committed in the territory of another jurisdiction, they will be prosecuted for all crimes before the courts, who are competent to charge for any of those offences, if all: The prosecution of the charges shall be deemed to be appropriate to the investigation, the costs of the proceedings and other considerations.
The charges for the different offences of different defendants may be investigated by a court competent to deal with a criminal charge if the offences are in contact with each other and the prosecution of all charges shall be considered as: , the cost of the proceedings and the costs incurred in relation to other matters. If a case has been pending before a defendant, the same court will also be charged against other defendants.
Where a criminal case is pending before a court, the court may also examine the case of a false and unproven case.
The Court of Justice shall remain competent, even if, under the circumstances of the jurisdiction, a change occurs after the criminal proceedings have been brought.
The Court of Justice, which is subject to a criminal prosecution by the prosecutor, may, on a proposal from the prosecutor, refer the matter to another competent court. The relevant decisions of the referring court and other measures shall remain in force until the Court of Justice in which the matter has been delegated otherwise. However, the matter may not be transferred back unless the new specific reasons warrant it. (13/05/455)
The decision to transfer the case or the transfer proposal shall not be subject to appeal.
When an appeal is pending in a court of appeal, the Court of Appeal shall be entitled to refer the case to another court of appeal, where the criminal case is pending.
The decision to transfer the case or the transfer proposal shall not be subject to appeal.
The higher court may, if it considers that the criminal case referred to it should be reviewed by a lower court, subject to the conditions laid down in Article 3, refer the case to a lower court, which is not previously , if any of the offences in question have been committed in the context of the tachograph, or if there is another criminal case pending before that court. However, the matter shall not be transferred if the transfer is an obstacle within the meaning of Article 11.
Where, in the case of a defendant or one of the offences referred to in Articles 1 and 2, the charge shall be dealt with immediately before a court or tribunal or in a court other than that referred to in Articles 1 and 2, the second court shall not, pursuant to Articles 3 to 5 To take that charge to investigate.
However, in the case of another criminal case, the court or the Supreme Court may, in the context of another criminal case, consider a charge which should otherwise be dealt with by a lower court, if the offences are connected with each other and the prosecution of the charges The higher court shall be deemed to be aware of the costs of the proceedings, the costs of the proceedings and other considerations. (17.11.2000/963)
Articles 1 to 11 provide for a charge, including other public-law requirements.
§ 13 has been repealed by L 17.11.2000/963 .
If the higher court finds that the lower court is not the competent court to examine the criminal proceedings brought in it, or to adopt a decision of the lower court, the Court of Justice shall, when it is Otherwise required in an appeal or in the answer to it, and otherwise require, to refer the case to the right lower court if it is possible to do so on the basis of the material presented.
Since it has been brought before the various courts and courts, it has been considered that none of them is the right court to investigate the criminal case, the Supreme Court, if any of those courts are found to be correct, An incorrect decision shall be removed from the application and referred to the court in question.
The prosecutor will press charges by submitting a written subpoena to the district attorney's office. The court may order to the extent that it considers it appropriate for the prosecutor to be prosecuted by giving rise to the challenge itself. However, the prosecution will always be prosecuted if the case is to be dealt with in a written procedure under Chapter 5a. (31.3.2006)
A criminal case shall be brought when an application for challenge arrives in the office or, if the prosecutor presents a challenge when the challenge is served.
§ 2 has been repealed by L 22.8.2014/670 .
The application for summons shall indicate:
1) the defendant;
(2) the plaintiff;
(3) the arraignment, its time and place and any other information necessary to describe the act;
(4) the offence to which the prosecutor finds the defendant guilty;
(5) the requirement of punishment and loss, as well as other requirements and points of law on which they are based;
(6) the claimants' requirements to be pursued by the prosecutor pursuant to Section 9 of Chapter 3;
(7) the evidence which the prosecutor intends to present and what he intends to prove in each case;
(8) the additional information to be used by the prosecutor as an act, together with a justification for the use of additional information;
(9) the request or the provision or consent of the request for the prosecution; and
(10) facts on which the jurisdiction of the court is based, unless the jurisdiction is otherwise engaged in an application for a challenge.
(30/04/2013)The application for a summons shall also include the names of the court and of the parties and the contact details of their legal representative or agent or assistant. The court or tribunal shall also be appraised in a manner appropriate to the telephone number and other contact details of the person concerned and of the witness or others. If any information changes later, it shall be notified immediately to the court. (14.5.2010/363)
The application for a summons must indicate the period of detention if the defendant has been deprived of his liberty for more than 24 hours, and whether there is a reason, within the meaning of Article 13 (1), for the main proceedings to be held within two weeks of the outcome of the proceedings.
The prosecution will have to sign a subpoena.
The prosecution shall provide the court with written evidence, the objects to be used as evidence, the preliminary report and any other documents necessary for the purpose of dealing with the case, in the manner prescribed by the Court in the context of the application for challenge or Without delay after the prosecution is brought. (12.06.2015/733)
L to 733/2015 Article 4 enters into force on 1 January 2016. The previous wording reads:
The prosecutor shall submit to the court a preliminary examination report and the written evidence, the objects to be used as evidence and any other documents necessary for dealing with the case, in the context of the application for challenge or without delay after the prosecution has been brought.
If the application for a challenge is incomplete, the prosecutor must be asked to correct the deficiency within the time limit. At the same time, the prosecutor should be informed of the manner in which the application is incomplete.
The Court may, for special reasons, extend the period referred to in paragraph 1.
The court or tribunal shall immediately dismiss the case as inadmissible, unless the prosecutor has complied with the request to supplement the application for a subpoena and if the application is so incomplete that it does not serve as a basis for the proceedings, or if, for any other reason, the court may Refer to the case.
If there is a deficiency in the preliminary investigation which would lead to a non-continuous transmission of the main proceedings, the court or tribunal shall inform the prosecutor of the deficiency and call on him to ensure that the investigation is completed within the prescribed period.
If, as provided for in Article 6, the case is not immediately declared inadmissible, the court shall issue a challenge without delay. The challenge will be given by the President of the Court or the district court. (10/06/2015)
The challenge, the challenge application and the requirement referred to in Article 10 (10) of Chapter 3 shall be served on the defendant in such a way as to: In Chapter 11 of the Court of Justice Provides.
For specific reasons, the interview may also be submitted in such a way as to inform the defendant only of the challenge and to indicate the elements referred to in Article 3 (1) (3) to (5) of the proposed challenge. The application for a summons and the requirement referred to in Article 10 (10) shall be sent without delay to the defendant by post so early that he has sufficient time to prepare his defence before the case in court. If the defendant does not have a postal address, the defendant shall, in the event of a challenge, indicate which of the court's office material is available. (31.3.2006)
The challenge is to respond to the requests made against him in writing in time or orally at the hearing. The challenge is to:
1) to state its position on the requests made against him;
(2) state the reasons for its position if he disputes the accusation or other requirements;
(3) indicate the evidence which he intends to provide, and what he intends to prove in each of the evidence, unless the defendant's confession or other evidence suggests that there is no need for proof; and
(4) provide the court with the written evidence to which he refers.
When giving the request, the court may order the questions to be taken by the defendant.
In addition, in order to meet the requirements, the defendant shall, in an appropriate manner, inform the court of the telephone number and other contact details of the witnesses which he intends to interrogate. If any information changes later, the defendant shall immediately inform the court thereof. (14.5.2010/363)
The Court of Justice may, for special reasons, allow the reply, which has been requested in writing, to be delivered orally at the office of the court or at the seat of the court.
An oral preparation shall be provided if, for the specific reason, it is necessary to safeguard the concentration of the main proceedings.
The court or tribunal may invite the party to submit a written statement before the hearing before the hearing or during the sessions, if the court deems it appropriate. In that case, the court shall determine which questions shall be addressed by the party.
At the hearing of the oral preparation, the party shall not read or give a written statement to the court or any change in writing.
However, the interested party may read out its request, direct references to case-law and legal literature, as well as a number of technical and numerical documents, which are only difficult to put forward orally. Understand. In addition, he may use his written notes to support his memory.
The hearing of the oral preparation may also be held by telephone or by means of videoconferencing or other appropriate means of communication, in which the participant shall communicate with each other if it is the nature and extent of the questions to be discussed at the hearing. Considered appropriate.
The court or tribunal may, before the main proceedings, decide on the acquisition of an expert opinion, the receipt of evidence, the submission of a written evidence or any other document necessary for the handling of the case, the submission of a review or any other The adoption of a preparatory measure where such a measure is necessary to ensure that the evidence is available at a single time at the main hearing.
If the party concerned wishes to have any of the preparatory measures referred to in this paragraph to be carried out, he shall submit a motion to the Court.
L to 733/2015 The additional interim heading will enter into force on 1 January 2016.
The court or tribunal may decide, on written application by the prosecutor or the defendant or defendant, that a person be heard in the criminal proceedings as a witness in such a way that his identity and contact details are not disclosed ( Anonymous witness ), if:
(1) criminal offences or charges relating to a criminal offence punishable by at least eight years in prison; or Article 20 (9a) of the Penal Code Or an undertaking or complicity of such a criminal offence provided for in Article 3 (3); and
(2) the procedure is necessary for an anonymous witness or Article 17 of Chapter 17 of the Court of Justice (1) in order to protect the person concerned from a serious threat to the life or health of the person concerned.
The application or its Annex shall show who is required to be heard as an anonymous witness, an explanation of the will of the person concerned to be heard as an anonymous witness, and the facts and evidence relied on by the applicant in support of his request.
L to 733/2015 Article 11a shall enter into force on 1 January 2016.
It's an anonymous deposition to determine the district court. The case shall be dealt with by the District Court, which is competent in the case of prosecution, or in which the case may be dealt with appropriately.
The application for an anonymous deposition in the District Court shall be handled by its chairman. The sitting may also be held in any other time and place other than that provided for by the Court of Justice.
The judge who has decided on the application of the certificate shall preside over a criminal case in which the relevant anonymous witness is heard. If the judge in question is prevented from acting as chairman, the Judge acting as chairman of the criminal proceedings shall examine the material which has been accumulated in the procedure for terminating anonymity. The duty of withdrawal shall also apply to the Court of Appeal in the case of a judge presiding over the criminal case.
L to 733/2015 Article 11b enters into force on 1 January 2016.
The court shall immediately submit an application for an anonymous certificate. The court shall also, without delay, instruct the public representative to supervise the interests of the suspect or of the defendant, unless he himself has made a request for anonymity, and shall inform the Ombudsman of the content of the application and its annexes. The prosecution shall be consulted on an application for anonymity of the suspect or defendant. The court may also seek further clarification if it is necessary to establish the case and does not jeopardise the purpose of the proceedings.
A suspect or defendant, other than the prosecutor and the defendant, or the public prosecutor, shall not have the right to be present at the hearing or when the decision is declared. However, what is required to be heard anonymously may be heard. The court may also hear a person other than a suspect or a defendant who has not required an anonymous certificate if it is necessary to investigate the case and the hearing does not jeopardise the purpose of the proceedings.
The Advocate General shall be subject to the (806/2011) Articles 44 to 46.
L to 733/2015 Article 11c enters into force on 1 January 2016.
The publicity and confidentiality of the procedural documents relating to the deposition of the certificate shall be governed by the provisions of this Article. Article 11c (2) provides for the publication of an oral hearing on anonym.
Unless otherwise provided for in paragraph 3, procedural documents relating to the closure of the certificate shall be confidential.
The procedural documents relating to the conclusion of the certificate shall be made public, unless the court, pursuant to paragraph 4, provides otherwise, as follows:
(1) the law of the public courts in general courts; (370/2007) in Article 4 The court's name and the quality of the case as soon as the case has been brought before a court;
(2) the information contained in the procedural documents and the basic information on the proceedings, on the quality of the case and on the name of the court, the applicant and his opponent, and of the case referred to in Article 11a (1) (1), In order to establish anonymity has been required when anonymity is granted and the matter is legally resolved;
(3) the decision of the court refusing to consent to anonymity and the procedural documents relating thereto, with the exception of information relating to the deliberations of the Court of Justice, when the case has been legally settled;
(4) where the suspect has acted as an anonymous witness, or if the disclosure of his/her identity and contact information is otherwise necessary in order to investigate the offence, and for any other reason, the prosecution shall be kept secret when the prosecutor is pressing charges. Or when the court has decided to issue a challenge in accordance with Section 5a of Chapter 7 for such a crime.
The confidentiality period of the procedural documents provided for under this Article shall be 60 years. In addition, the court may order that the procedural documents relating to the termination of an anonymous certificate are confidential for a maximum of 60 years, as follows:
(1) the information referred to in paragraph 3 (2) on the applicant and on his behalf if it is necessary for the protection of life or health;
(2) the documents referred to in Article 3 (3), in so far as it is necessary for the protection of life or health.
Notwithstanding the provisions of this Article, the Court of Justice shall:
(1) issue a supply book to the applicant, in which the matter referred to in Article 11a (1) (1) and the witness have been identified in an appropriate manner by the person and the contact details of the person concerned;
(2) may submit a decision on the identity of the person entitled to arrest or to the prosecutor or to the court or tribunal, together with the procedural documents relating thereto, in order to ascertain whether the anonymity of the Or whether an anonymous witness has committed a criminal offence in the course of the proceedings.
L to 733/2015 Article 11d shall enter into force on 1 January 2016.
The decision on the anonymity of the district court is appealed against by appeal to the Court of Appeal. The statement of appeal shall be submitted to the court which took the decision within seven days of the decision. The district court shall, without delay, send a letter of appeal and the relevant document to the court of appeal.
The appellant's counter-party shall have the right to reply in writing. Within seven days of the end of the appeal, he shall submit his reply to the District Court which took the decision. The reply shall be sent immediately to the court of appeal.
An appeal is brought against the decision of the Supreme Court by appealing to the Supreme Court of In Chapter 30 of the Court of Justice Provides. However, the decision of the Court of Appeal, which has consented to anonymity, must be complied with immediately, unless the Supreme Court decides otherwise.
The appeal must be treated as a matter of urgency.
L to 733/2015 Article 11e enters into force on 1 January 2016.
The case shall be issued without delay to the main hearing when the preparation is submitted.
The case shall be directly referred to the main hearing if the request for written reply or the oral preparation is considered unnecessary.
If the defendant is in custody, the travel ban or the suspension, the main hearing shall be held within two weeks of the outcome of the criminal proceedings. If the detention, the travel ban or the suspension has been decided after the prosecution has been brought, the time limit shall be calculated from the date of the decision.
If a defendant under the age of 18 is charged with a criminal offence in respect of which, in the circumstances mentioned in the indictment, more than six months' imprisonment is punishable, the main proceedings must be held within 30 days of the criminal proceedings The result of the initiation. If the main proceedings are withdrawn, the new main hearing shall be held within 30 days of the date on which the main hearing was to be delivered.
Where the measure referred to in Article 7 or Article 11, the joint or other important reason for the prosecution of the charges is required, the period referred to in paragraphs 1 or 2 may be imposed further.
The main proceedings may also be considered for the purpose of dealing with the trial and part of a case which can be resolved separately, even if the remainder of the proceedings may not be dealt with at the main hearing.
The main hearing shall be called:
(1) prosecutor;
2) the defendant;
(3) the plaintiff, who has informed the court that it is making claims and whose claims the prosecutor does not drive; and
(4) Legal aid and assistance provided pursuant to Chapter 2.
(31.3.2006)Where a private legal requirement for a criminal offence is imposed on a person other than the plaintiff or the prosecutor, or where a private legal requirement for a criminal offence is imposed on a person other than the accused, he or she shall also be invited to the session.
On the occasion of the invitation, the party shall be informed, on the day and at the time, and where the sitting is held and what the penalty may be for him not to arrive at the sitting. In the context of the invitation, the party concerned shall be informed of the reply, written statement or evidence submitted to the court.
If, at the main hearing, the party wishes to present evidence which he has not previously indicated, he shall, without delay, bring it to the attention of the Court and, at the same time, indicate what he wishes to prove.
You can't change a filed suit. However, the prosecutor may extend the same charge for the defendant to the same defendant, if it considers it appropriate to the Court's report and other considerations.
As a modification of the charge, it is not considered that the prosecutor restricts the prosecution or declares either the second paragraph or the application for a subpoena, or invokes a new case in support of the accusation.
The provisions of paragraphs 1 and 2 above shall also apply to the claim made by the plaintiff in connection with its proceedings. Article 23 of Chapter 7 provides for the amendment of the complaint by the sole proprietor of a criminal case.
The charges for the same offences committed by the same defendant or by different defendants shall be dealt with jointly, unless they are considered to be more appropriate. The same goes for different offences committed by different defendants, if the joint handling of the charges is to the benefit of the investigation.
The various charges brought before us may subsequently be dismissed if it is justified for the purposes of the proceedings.
Paragraphs 1 and 2 shall also apply to the punitive claim against the legal person.
Where the prosecutor gets a challenge under Article 1 himself, the challenge is to comply with the provisions of Articles 3 and 9.
The prosecutor shall take care of the summons and the documents annexed thereto, as well as the parties referred to in Article 15 (1) and (2) and Article 15 (1) and (2), on the service of the summoning of the persons referred to in In Chapter 11 of the Court of Justice Provides. The challenge and the invitation shall be notified immediately to the Court of Justice.
The case may be settled without a main proceedings ( Written procedure ), if:
(1) any individual offence, as referred to in the prosecution, is not subject to a more severe penalty than a fine or imprisonment for a period not exceeding two years; (13/05/455)
(2) the defendant, in the case of the offence described in the prosecutor's case, recognises the right to an oral hearing and consents to the settlement of the case in a written procedure; (13/05/455)
(3) the defendant has been of age at the time of the act;
(4) the plaintiff in the preliminary investigation or in writing later indicated that it was not required to submit the main proceedings; and
(5) The submission of main proceedings is also, as a whole, unnecessary in relation to the state of the case.
In the written procedure, it is not possible to punish a more severe penalty than nine months' imprisonment.
Where, on the basis of a preliminary investigation, or otherwise there is reason to believe that the conditions of the written procedure exist, the defendant is requested, in the context of the notification of the challenge, the application for challenge and the notification referred to in Article 10 of Chapter 3, to indicate: The Court of Justice in writing, in writing, in writing to the District Court, whether or not he recognised the act described in the case and whether he waived his right to an oral hearing and whether he would agree to a written procedure. At the same time, the defendant must be informed of the importance of the agreement.
The summons also calls for a written reply to the demands made against him. Otherwise, the challenge shall apply mutatis mutandis to the provisions of Section 9 of Chapter 5.
If the defendant submits the notification referred to in paragraph 1 within the time limit referred to in paragraph 1 and the other conditions laid down in Article 1 in the written procedure are in place, the main proceedings shall not be held and the case shall be settled Without delay in the written procedure, unless it is appropriate to refer the matter to the main proceedings.
The District Court may, in particular, call on the party to submit a written statement in addition to the District Court. In that case, the district court shall determine which question shall be referred to the party concerned.
If the district court considers it necessary, it may reserve an opportunity for the party to make an oral statement at the Office of the District Court or at the seat of the District Court. The district court may also allow the reply or statement requested by the party concerned to be given orally at the Office of the District Court or at the part-session.
At the risk of an oral hearing, the interested party shall be invited to settle the matter in spite of his absence. The District Court may also provide that a party must reach the District Court in person if his or her personal presence is deemed necessary. This shall apply mutatis mutandis, as provided for by the invitation and the threats to be made available to the party concerned in Chapter 8.
When an oral hearing is held, the oral answer or the statement of the party shall be recorded.
The written reply or statement of the party or the minutes drawn up on the basis of an oral reply or statement shall be communicated immediately to the parties concerned, unless it is manifestly unnecessary.
The defendant cannot be sentenced in written procedure to a more severe punishment than six months of imprisonment without reservation for an oral statement.
The written procedure shall determine the quorum of the district court. In Article 6 of Chapter 2 of the Court of Justice .
In the written procedure, the judgment or decision may be based only on the facts set out in the case, the acknowledgement of the defendant, the requests made by the parties in writing or their oral submissions, The replies to, or statements of, and any other written material resulting from the proceedings. The preliminary investigation report submitted to the District Court may be used to justify the judgment or decision only in so far as the parties have invoked it.
The district court shall inform the parties in writing of the date of the judgment or decision in good time before the decision is given. It can already be reported in connection with the notification of the challenge.
The district court shall, immediately after the judgment or the decision, be sent to the defendant and to the injured party who has made claims, a copy of the decision and, at the same time, send: Article 3 of Chapter 25 of the Court of Justice The appeal instructions referred to in paragraph 2. The solution to be sent shall indicate that it does not contain any information on the validity of the law. The decision and the appeal instructions may be sent by post at the last known address.
The written procedure shall otherwise comply with the provisions of criminal proceedings.
The matter referred to in Chapter 7 of this Act cannot be dealt with in a written procedure.
Under the procedure laid down in this Chapter, Section 10 of Chapter 1 and the (805/2011) in Chapter 3, Article 10a Referred to in Chapter 6 of this Act without supplying the main proceedings or in the context of such a main proceedings ( Recognition trial ).
In addition to the draft judgment, other requirements arising from the offence referred to therein are dealt with in the recognition procedure.
The recognition trial shall be held within 30 days of the outcome of the case. If the recognition procedure is withdrawn, the new one shall be kept within 30 days of the date on which it was to be delivered. Where there is a lack of conformity or a lack of clarity or other important reason, the time-limit may be extended.
The prosecutor and the defendant shall be present in person at the trial of recognition. The defendant shall have an assistant, unless, under the conditions laid down in Article 10a (2) of Chapter 1, he takes care of his own defence.
An appropriate person shall be given an opportunity to be present in the event of a trial for recognition of his private legal claim, which is not pursued by the prosecutor. However, the absence of the plaintiff does not prevent a solution.
The court shall ensure that the parties are invited to the recognition procedure.
The admission trial shall, unless the court decides otherwise, in the following order:
(1) to report on the content and other aspects of the draft judgment, and to the extent necessary to present the relevant pre-trial material;
(2) the court asks the defendant whether he still recognises the offence and agrees to the procedure under the procedure laid down in this Chapter, and whether he understands in some respects the substance and the meaning of the draft judgment, and seek to ascertain whether: That the performance corresponds to his purpose;
(3) reserve the opportunity for the defendant to rule on the judgment and the pre-trial materials;
(4) allow the plaintiff to rule on the judgment;
(5) address other requirements;
(6) provide the parties with the opportunity to present their final opinion.
The Court of Justice must ensure that the matter is properly handled and that nothing is mixed with it. The Court's question is to remove the ambiguities and shortcomings of the opinions of the parties concerned.
The court or tribunal shall issue a judgment in accordance with the judgment, if:
(1) the defendant has given the recognition and consent referred to in Article 3 (1) (2);
(2) there are no serious doubts as to the validity and accuracy of the recognition, taking into account also the relevant pre-trial materials;
(3) the Court of Justice is cited as the reason for the offence;
4) there is no obstacle to the adoption of the proposal.
The judgment shall also address other requirements arising from the offence and related to the case. The Court may also, in accordance with the provisions of the In Chapter 20 of the Court of Justice Provides.
If the court does not grant the judgment referred to in Article 4, the case shall be lodged. However, the court or tribunal shall, at the request of the Court, decide on the remuneration of the assistant and any other matter relating to the costs incurred.
If the case is lodged, the statements by the defendant, issued in the context of the consultation referred to in Article 10 (a) of Chapter 1 or the treatment provided for in this Chapter, shall not be used as evidence in the criminal case.
In the case of a recognition trial, otherwise the criminal proceedings shall be governed.
The issue referred to in Chapter 7 of this Act cannot be dealt with in the case of recognition.
Before the opening of the main proceedings, the court or tribunal shall examine whether the matter may be taken for final consideration. Where appropriate, the dismissal of the charges shall be determined in accordance with Chapter 5, Section 18, in such a way that the main proceedings can be carried out continuously.
The main proceedings shall not be initiated and withdrawn and a new processing date shall be imposed if:
(1) the prosecutor has been excluded;
(2) the defendant has been excluded and the case is not such that it can be resolved in spite of this;
(3) the assistant who has been assigned to the defendant shall not be immediately available or available to the defendant and shall not receive a new assistant who could immediately undertake to assist him;
(4) the plaintiff who should be heard in person, or the witness or expert has been excluded;
(5) the interested party wishes to present a new important point or a new evidence to which the counterparty must have the opportunity to acquit; or
(6) there is another obstacle to the final adoption of the case.
The main proceedings may be initiated in spite of the obstacle referred to in Article 2 (4) to (6) where there is reason to believe that the proceedings need not be deferred or, if it has to be delayed, that there is no need to submit a new case for the reason mentioned in Article 11 The main proceedings and the postponement do not cause significant inconvenience to the case.
The main proceedings may be initiated in spite of the obstacle referred to in Article 2 (2) if:
(1) the defendant has not complied with the order given to him to appear in person at the risk of a fine; and
(2) it is reasonable to assume that, even if the procedure is to be postponed, there is no need to submit a new main hearing, as mentioned in Article 11, and there is no significant impedimation to the proceedings.
The main hearing referred to in paragraph 2 shall be laid down for the receipt of the evidence. Article 55 of Chapter 17 of the Court of Justice; . (12.06.2015/733)
L to 733/2015 Article 3 shall enter into force on 1 January 2016.
Article 3a has been repealed by L 12.06.2005 , which enters into force on 1 January 2016. The previous wording reads:
At the hearing, which has been initiated pursuant to Article 3 (2), in the absence of a witness or expert, or for the purpose of evidence, the defendant or another defendant may be heard, if the defendant has been informed of the challenge, That the evidence may be accepted despite his absence. The case may also be dealt with in other respects where it is necessary to address the private legal requirement of the plaintiff or to receive evidence.
In the course of the continuation of the main proceedings, the court will have to explain to the defendant, in his absence, the defendant's case in his absence.
There is no evidence that the defendant's arrival is restarted. However, the evidence shall be re-established if the defendant so requests and his absence has been caused by legal impediments which he has not been able to notify in good time, or is contemplated by the court in particular: Reason necessary. At the request of the defendant, the evidence shall also be re-received if there is evidence in the main proceedings under paragraph 1, of which the defendant was not informed of the challenge.
With regard to the receipt of the evidence, despite the cancellation of the main proceedings, outside the main proceedings and the re-examination of the evidence, the main hearing shall be governed by: In Chapter 17 of the Court of Justice .
L to 733/2015 Article 4 enters into force on 1 January 2016. The previous wording reads:
Notwithstanding the withdrawal of the main proceedings, the court may hear a witness, an expert or an expert, if it can be presumed that:
(1) the certificate does not need or cannot be reproduced at the main hearing; or
(2) the entry into the main proceedings of the hearing results in disproportionate costs or undue disadvantage compared to the importance of evidence.
On the basis of paragraph 1, evidence of the case may also be dealt with in other respects if it is particularly important to receive evidence.
The Court's task is to ensure that there is clarity and order in the proceedings. The court may also order that the issue of a separate part or trial be dealt with separately or that any other exception is made in respect of the order of business provided for in Article 7.
The Court must also ensure that the matter is properly handled and that nothing is mixed up with it. The Court's question is to remove the ambiguities and shortcomings of the opinions of the parties concerned.
The plaintiff in the criminal proceedings must remain in the truth when he declares the facts on which he refers in the matter and expresses his views on the facts raised by the opposing party. (12.06.2015/733)
L to 733/2015 (3) will enter into force on 1 January 2016. The previous wording reads:
The plaintiff in the criminal proceedings must remain in the truth when he declares the facts on which he refers in the matter, commends the arguments put forward by the opposing party and answers the questions that have been raised.
The main hearing is oral. The party shall neither read nor give a written statement to the court or make a written statement.
However, the interested party may read its request, as well as direct references to case-law, legal literature and a number of technical and numerical documents, which are difficult to understand only orally. Understand. In addition, he may use his written notes to support his memory.
Where the main proceedings are held, even if the plaintiff or the defendant is not present, the court or tribunal shall, where appropriate, explain the absence of any party in the proceedings.
The main hearing shall be in the following order:
(1) the submission by the Prosecutor and the plaintiff and a brief description of the reasons therefor;
(2) the defendant briefly state its position on the requirements set out;
(3) the prosecutor and the lawyer shall state the reasons for its position;
(4) the defendant shall be given an opportunity to pronounce on the grounds of the opposition;
(5) accept the evidence;
(6) the parties shall present their final statements and, where appropriate, their views on the defendant's guilt and the criminal offence.
The participation of the owner may be carried out in the presence of a party or other person, or by means of videoconferencing or other appropriate technical means of communication, Chapter 17 of the Court of Justice Article 51 or Article 52.
L to 733/2015 Article 7 shall enter into force on 1 January 2016. The previous wording reads:
The main hearing shall be in the following order:
(1) the submission by the Prosecutor and the plaintiff and a brief description of the reasons therefor;
(2) the defendant briefly state its position on the requirements set out;
(3) the prosecutor and the lawyer shall state the reasons for its position;
(4) the defendant shall be given an opportunity to pronounce on the grounds of the opposition;
(5) consult the plaintiff and the defendant for the purposes of evidence and against any other evidence; and
(6) the parties shall present their final statements and, where appropriate, their views on the defendant's guilt and the criminal offence.
When questioned for the purposes of evidence, the following shall apply: Chapter 17 of the Court of Justice Articles 32 and 33 provide for the questioning of a witness. The examination of an interested party for the purposes of evidence shall be submitted before the other oral evidence is received on the question of which the hearing is concerned.
§ 8 has been repealed by L 12.06.2005 , which enters into force on 1 January 2016. The previous wording reads:
The court may order, in order to provide evidence, that an injured party may not have an entry in the proceedings before being heard in order to clarify the case.
This issue must be dealt with in the main proceedings continuously.
If the main proceedings cannot be submitted within one day, the sitting may be suspended. The sitting must continue, if possible, in successive days. If this is not possible, the case shall be dealt with at least two working days a week, unless the treatment is deferred under Article 10. (31.3.2006)
In a legal or difficult case, the main proceedings may be suspended for a maximum period of three working days, as a result of which the parties may prepare themselves for the presentation of an oral final opinion as referred to in Article 7 (1) (6).
The main proceedings may be postponed only if:
1) it has been initiated pursuant to Article 3;
(2) a new important evidence has become available to the court which can only be received later; or
(3) postponement of an unforeseen circumstance or, for another important reason, is necessary.
The main proceedings shall be resumed as soon as possible after the stay. If the defendant is in custody, in a travel ban or in custody, and not due to the investigation of the defendant's state of mind, the proceedings shall be extended no later than 14 days after the suspension of the proceedings or after the suspension of the proceedings Has been decided on the detention, the travel ban or the suspension of duty.
At the same time, when the main proceedings are postponed, it shall be specified when the proceedings are resumed, and shall inform the party concerned of the consequences of the non-compliance of the party. If the delay in the main proceedings is not known, the court shall, in due course, inform the parties concerned and invite the parties whose presence is necessary.
A new main hearing shall be submitted if, due to the inadequacy of its quorum, it is necessary to take a new member. When dealing with the issue Article 1 of Chapter 2 of the Court of Justice However, in the composition referred to in paragraph 2, the new main hearing shall not be required if the new Member has been present throughout the main proceedings. A new main hearing shall also be submitted when one or more cases have been suspended for a total of more than 30 days. (5.12.2008/8)
However, even if the main hearing has been postponed for more than 30 days, it is not necessary to submit a new main hearing if, on the basis of the quality of the case, it is considered to be unnecessary and that the continuity of the main proceedings can be considered In spite of suspension and suspension, it is considered to be a reality. However, a new main hearing must always be considered when the main hearing has been postponed for a total of more than 60 days. (31.3.2006)
If the main proceedings have been suspended for examination of the defendant's state of mind, the new main hearing shall not be required, even if the hearing has been suspended for a longer period than that provided for in paragraph 2.
The matter will have to be re-examined at the new main reading. The evidence previously received must be reinstated to the extent that it is relevant and not an obstacle to its reception. Otherwise, the evidence shall be taken from the material of the previous main proceedings.
If, after the closure of the main proceedings, the court finds it necessary to complete the examination of the case, in the case of an individual question, and if the question to which it relates is simple: Or minor, the court may supplement the proceedings by requesting a written statement from the parties concerned. Otherwise, the proceedings may be supplemented in such a way as to continue the main proceedings or to submit a new main hearing.
The court or tribunal shall, as a language of the case, be either Finnish or Swedish and shall act in Finnish or Swedish according to the language of the case (2003) Provides.
In the case of the Sami region, the language of the case may be used by the court as a procedural language, according to the law on the use of the Sami language in the law of the authorities (516/1991) Provides.
See: KieliL 423/2003 ARTICLE 14 . On the use of the Sami language in public authorities 516/1991 Has been repealed by the Language L of the Saamen 1086/2003 .
A party whose own language is Finnish or Swedish shall be entitled to interpretation and translation according to the language of the language of the proceedings.
The right to use the language of the Sami trial is governed by the law on the use of the Sami language in the law.
In the case of a criminal case, other than the Finnish, Swedish or receivaged defendant or lawyer, the prosecution is entitled to a free interpretation of the criminal case. The court, acting on its own behalf, shall ensure that the defendant or the plaintiff receives the necessary interpretation. (08.11.2011)
The court or tribunal shall arrange for interpretation to be provided also where the party is in sign language or interpretation is necessary due to the sense of the party or speech impeded. (08.11.2011)
If the court considers it appropriate, interpretation may be organised by means of videoconferencing or other appropriate means of communication, in which the participants in the sitting have a speech and visual contact, or by telephone. (08.11.2011)
For non-Finnish, Swedish or acquirers, a written translation of the challenge and the judgment in question shall be provided within a reasonable period of time. The defendant shall, within a reasonable period of time, be provided with a written translation of a fee, including a decision on a criminal case and any other relevant document or part thereof, if the translation is necessary for the enforcement of the defendant's right. In the case of criminal proceedings brought by the prosecutor, a written translation of the sentence in respect of the sentence against him, accompanied by a translation of the decision in the criminal case, or part thereof, if the translation decision is necessary, shall be made available to the plaintiff in a criminal case. To control the rights of the plaintiff.
By way of derogation from the provisions laid down in paragraph 1, the defendant or the injured party may, by way of derogation from the provisions of paragraph 1, make an oral application, a judgment or other essential document, or part of a document or a summary of the document, unless the legal certainty of the party requires a document to: Translation in writing.
The court shall ensure that the defendant receives sufficient information about the right to a translation of the document and, if necessary, ascertain whether the defendant wishes to make a translation of the document referred to in this article. The defendant may be refused a translation of the document if the defendant waived the right to a translation.
Where the party concerned has been consulted with the assistance of an interpreter, the application for summons referred to in Article 3, the judgment or any other essential document, or any part of the document or summary of the document, has been translated orally to the party at the hearing or the defendant has renounced On the right to a translation of the document, it shall be recorded in the minutes, judgment or decision.
Where the defendant's legal security requires it, the State resources shall be reimbursed by reasonable costs incurred in connection with the necessary interpretation of the consultation between the defendant and his lawyer.
Details of the costs to be reimbursed pursuant to paragraph 1 may be adopted by a Council Regulation.
As interpreter or translator, an honest and otherwise suitable person shall be required to perform the necessary skills.
The court or tribunal shall prescribe a new interpreter or translator if the legal certainty of the party so requires.
Paragraph 7 has been repealed by L 12.06.2005 , which enters into force on 1 January 2016. The previous wording reads:
What the Court of Justice provides for the obligation of professional secrecy and the obligation to refuse to testify shall also apply to the interpreter.
Penalty for breach of the obligation of professional secrecy referred to in paragraph 1 Chapter 38 of the Criminal Code 1 or 2, unless a heavier penalty is imposed in the rest of the law.
The plaintiff is pressing charges by submitting a written request to the Office of the District Court.
A criminal case will be brought when an application for subpoenas arrives in the office.
Paragraph 3 has been repealed by L 12.06.2005 , which enters into force on 1 January 2016. The previous wording reads:
The defendant may, without a challenge, raise a complaint against the plaintiff in a false and unproven case.
The application for summons shall indicate:
1) the defendant;
(2) the arraignment, the date and place of execution and any other information necessary to describe the deed;
(3) the offence to which the plaintiff considers the defendant guilty;
(4) the application for punishment and loss and the legal provisions on which they are based; (26.10.2001)
(5) other requirements set out by the plaintiff and the criteria of the requirements;
(6) a statement that the prosecutor has decided not to prosecute, or the investigating authority or the prosecutor has decided that the preliminary investigation shall not be transmitted or suspended or terminated; (31.3.2006)
(7) the evidence which the plaintiff intends to present and what he intends to prove in each of the evidence; and
(8) the facts on which the jurisdiction of the court is based, unless jurisdiction is otherwise provided for in the application for a challenge.
The application for a summons shall also include the names of the court and of the parties and the contact details of their legal representative or agent or assistant. The court or tribunal shall also be appraised in a manner appropriate to the telephone number and other contact details of the person concerned and of the witness or others. If any information changes later, it shall be notified immediately to the court. (14.5.2010/363)
The application for a challenge shall be signed by the owner or, if it has not been prepared by him, by the author. At the same time, the author must indicate his occupation and place of residence.
The application for a summons must be accompanied by the written evidence relied on by the plaintiff, and a pre-trial report, in the case of a preliminary investigation.
If the challenge application is incomplete, the claimant shall be advised within the time limit to correct the deficiency if the correction is necessary to continue the preparation. At the same time, the plaintiff must be informed of the manner in which the application is incomplete and that the application may be dismissed as inadmissible or rejected if the plaintiff does not comply with the request.
The Court may, for special reasons, extend the period referred to in paragraph 1.
The court or tribunal shall immediately dismiss the action as inadmissible, unless the plaintiff complies with the request referred to in Article 4, and if the application is so incomplete that it does not serve as a basis for the proceedings, or if, for any other reason, the court may Refer to the case.
If the plaintiff's claim is manifestly unfounded, the court or tribunal shall not immediately reject the application.
L to 733/2015 The additional interim heading will enter into force on 1 January 2016.
If, on the basis of the content of the statement made before the Court of Justice, the plaintiff raises a charge against a suspected criminal or anonymous witness provided for in Article 5, 11a to 11e, He/she shall submit a challenge application to the court and shall require the identity of the anonymous witness and contact details to be disclosed where the suspect is an anonymous witness, or if the plaintiff considers that the disclosure is otherwise Necessary to investigate the offence.
Before a decision is taken, the court shall consult the prosecutor and the suspect in question. If a person is suspected of a crime other than an anonymous witness, the anonymous witness must also be heard. The court may also consult the complainant and obtain other explanations and arrange an oral hearing if it is necessary to clarify the case. The case shall be addressed in the presence of the public and the plaintiff, if it is necessary to prevent the identity of the anonymous witness and the disclosure of the contact details.
If the court considers that the conditions for bringing proceedings are met, or if the suspected anonymous witness consents to the disclosure of his identity and contact information, and not by Article 5, the court shall take a decision Administration. The identity and contact details of an anonymous witness shall be disclosed in the challenge if he or she is suspected of having committed a crime or if the disclosure of the information is otherwise necessary for the purpose of the crime. The prosecutor may appeal against the decision to issue a challenge in which the identity and contact details of the anonymous witness are disclosed, by appeal to the Court of Appeal and the Court of First Instance, by appeal to the highest The right to appeal without asking. The decision to give rise to a challenge shall be complied with when it comes into force. The publication of procedural documents is governed by Article 11d (3) (4) of Chapter 5. If the court has decided to challenge a person other than an anonymous witness and has decided not to disclose the identity and contact details of the anonymous witness, the plaintiff may appeal against the decision to leave the information In accordance with the provisions of this article concerning the prosecutor's appeal.
If the conditions for bringing proceedings are not fulfilled and the anonymous witness refuses to disclose his identity and contact information, the court shall refuse to dismiss the application. The judgment and the relevant procedural material shall also be kept secret from the party in so far as they contain information enabling the identity or contact details of an anonymous witness to be disclosed. The retention period is 60 years. The decision by which the court has decided to challenge a person other than an anonymous witness, and has decided not to disclose the identity and contact details of the anonymous witness, as well as to the related court Shall apply as provided for in this paragraph in respect of the judgment and the procedural material relating thereto.
The judge who decided to issue the summons must not deal with the matter.
L to 733/2015 Article 5a shall enter into force on 1 January 2016.
If the action is not inadmissible or rejected in accordance with Article 5, the court shall without delay issue a challenge.
The challenge, the application for a challenge and the accompanying documents shall be served on the defendant in such a way as to inform the defendant In Chapter 11 of the Court of Justice Provides.
The challenge is to respond to the requests made against him in writing in time or orally at the hearing. The challenge is to:
1) to state its position on the requests made against him;
(2) state the reasons for its position if he disputes the accusation or other requirements;
(3) indicate the evidence which he intends to provide, and what he intends to prove in each of the evidence, unless the defendant's confession or other evidence suggests that there is no need for proof; and
(4) provide the court with the written evidence to which he refers.
When giving the request, the court may order the questions to be taken by the defendant.
In addition, in order to meet the requirements, the defendant shall, in an appropriate manner, inform the court of the telephone number and other contact details of the witnesses which he intends to interrogate. If any information changes later, the defendant shall immediately inform the court thereof. (14.5.2010/363)
The Court of Justice may, for special reasons, allow the reply, which has been requested in writing, to be delivered orally at the office of the court or at the seat of the court.
The challenge shall state that the written answer must be sent to the court of the court in the time prescribed by the court for the service of the challenge. For a specific reason, the deadline set before the expiry of the deadline may be extended.
If the defendant is requested to reply orally, the court shall invite the claimant and the defendant at the time of summons to the hearing. At the same time, it shall be stated, on the date and time, and where the sitting is held.
If, in accordance with Article 6 (1), the proceedings are continued, preparatory work shall be provided, unless it is considered unnecessary for the purpose of the preliminary investigation submitted or for any other specific reason.
The preparation shall include:
(1) the requirements of the plaintiff and the reasons therefor;
(2) the defendant's position on the requirements and their criteria;
(3) what evidence will be presented and what each evidence is intended to prove; and
(4) Further clarification or other preparatory measures are required prior to the main proceedings.
When the time prescribed for the written reply referred to in Article 8 (1) has expired, or when the reply has come to the court, the preparation shall be followed without delay orally at the hearing if the court considers that the case is not: Have been sufficiently prepared at the main reading.
The court or tribunal may invite the party to submit a written statement before the hearing before the hearing or during the sessions, if the court deems it appropriate. In that case, the court shall determine which questions shall be addressed by the party.
The court or tribunal shall submit the preparation in such a way that the case can be dealt with at the main hearing.
An effort must be made to complete the oral preparation without delay, if possible in one session.
Where appropriate, the court shall provide the parties with an opportunity to express their views on how the preparatory work should be organised.
Before the hearing, the interested party must look into the matter so well that there is no need to hold a new hearing for the oral preparation.
The court may order that a separate part of the case or trial be prepared separately.
At the hearing, the matter shall be dealt with orally. In the case of a hearing, the party shall neither read nor give a written statement to the court or make a written statement.
However, the interested party may read out its request, direct references to case-law and legal literature, as well as a number of technical and numerical documents, which are only difficult to put forward orally. Understand. In addition, he may use his written notes to support his memory.
The preparatory session may also be held by telephone, or by means of videoconferencing or other appropriate means of communication, in which the participant shall communicate with each other if it is of the nature and extent of the questions to be discussed at the hearing. , appropriate. In that case, the provisions on the settlement of the case on the grounds of absence of the party shall not apply.
Before the preparation of the preparation, the court shall summarise the requirements of the parties and the reasons therefor, if appropriate. An opportunity must be given to the parties to comment on the summary.
The court or tribunal may, before the main proceedings, decide on the acquisition of an expert opinion, on the receipt of evidence outside the main proceedings, on the presentation of a written evidence or of a document needed for other proceedings, Or any other preparatory measure, where such a measure is necessary to ensure that the evidence is available at a single time at the main hearing.
If the party concerned wishes to have any of the preparatory measures referred to in this paragraph to be carried out, he shall submit a motion to the Court.
A decision on the submission of the application may be taken as inadmissible or, if the plaintiff's claim is manifestly unfounded, its rejection.
When the facts referred to in Article 9 have been clarified or, for any other reason, it is no longer appropriate to continue, the court or tribunal shall conclude the preparation and refer the matter to the main proceedings.
In accordance with Article 13 of Chapter 5, the court or tribunal shall determine the date of the main proceedings and invite the parties to the main proceedings as follows: In Chapter 11 of the Court of Justice Provides. The parties must be given an opportunity to comment on the date of the main proceedings if they do not have their heads.
In the context of the invitation, the parties shall be informed, on the date and time, and where the main proceedings are held.
In the case of an invitation, the party's reply or written statement shall be served on the party.
When the plaintiff is invited to attend a hearing, he or she shall be informed that he may be ordered to lose his or her immunity from the defendant's request if he is excluded. If the claimant has to arrive in person, the invitation shall mention this.
If a party wishes to submit a certificate at the main hearing, which he has not previously indicated, he shall immediately inform the court before the main proceedings. At the same time, the party concerned must state what he wishes to prove, and the reason why he has not previously notified the evidence.
For the purposes of dealing with a question which may be resolved separately, the main proceedings may be imposed, even if the remainder of the preparation has not been completed. The same applies to the question of trial.
Subject to Articles 7 and 8 of Chapter 8, the main processing of the criminal case by the party owner alone shall be subject to the provisions of Chapter 6, if applicable.
The cover shall not be changed during the trial. However, the plaintiff is entitled to:
(1) extend the accusation of the same defendant to include a second act if the Court of Justice considers it appropriate in relation to the report and other considerations;
(2) require a claim other than that provided for in the action, when the claim is based on a change in the circumstances of the proceedings or only at that time to the knowledge which has been brought to the attention of the plaintiff; or
(3) claim interest or make another requirement, or a new requirement, if it is essentially due to the same criterion.
In order to amend the action, it is not considered that the plaintiff restricts or declares the second paragraph of the plea, or invokes a new fact in support of the action.
Where the plaintiff makes use of the primary criminal right referred to in Article 14 (2) of Chapter 1 or pursues a criminal offence on its own due to the fact that the investigating authority has decided that the preliminary investigation is not to be transmitted or suspended or terminated, or The Court of Justice shall, prior to the judgment of the Court of Justice, be given the opportunity to make a hearing with the prosecutor, unless the quality of the hearing is clearly unnecessary.
The party shall be ordered to appear before the district court in person at the risk of a fine, unless it is considered that there is no need to establish his or her personal presence.
At the hearing of the oral hearing of the district court, the party shall be appointed personally at the risk of a fine if his or her personal presence is considered to be conducive to the preparation of the case.
At the hearing of the Court of Appeal and the Supreme Court, the party concerned shall be ordered to appear in person, on pain of the fine, if it is deemed necessary to clarify the case.
If the case can be resolved in spite of the defendant's absence, it shall be indicated in the invitation. It is also necessary to state whether or not the defendant is to be achieved in person.
Article 1 shall apply mutatis mutandis to the plaintiff, even where he does not appear as a party, as well as the legal representative of the party concerned.
If a party has a number of representatives, the Court of Justice shall have the power to determine who or to whom they must reach personally. The Court may also order that a disabled person who does not have the right to speak himself or a person whose capacity is limited in such a way that he does not have the right to exercise his right to speak in the matter must be met in person. To be heard. (11.4.1999)
The defendant shall appear in person before the Court of Justice for the purpose of dealing with the offence of the offence under which he has been imprisoned.
If the plaintiff or his/her legal representative does not comply with the order given to him to appear in person at the penalty of a fine, the court, if it continues to consider the plaintiff's personal presence necessary, must be condemned He or she shall be subjected to a periodic penalty payment or imposed on him or his legal representative for the same or subsequent sitting.
If the defendant does not comply with the order given to him to appear before the Court of Justice, the court, if it continues to consider the defendant's presence necessary, shall condemn him to the periodic penalty payment imposed and impose a higher penalty payment or impose To be brought in for the same or subsequent sitting.
If the defendant is to appear before the court and on the basis of his behaviour, it is reasonable to assume that he does not comply with the order, the court may order him to be brought into a meeting.
Without prejudice to the preparation of the preparatory action, if the party or his or her legal representative who is ordered to appear in the oral preparation at the risk of the fine or his or her legal representative shall not be brought into force, the sitting shall not be prevented from holding.
If both parties are absent from court proceedings in the case of a criminal case, the matter shall be lodged.
If the plaintiff is left out of the trial of the criminal proceedings he has taken alone, the court may, at the defendant's request, decide that the plaintiff will lose his or her right of charge if the plaintiff has been summoned to attend a hearing. If the defendant does not make such a request, the case shall be lodged.
If the defendant does not comply with the order given to him to appear before the Court of Justice, the court, if it continues to consider the defendant's presence necessary, shall condemn him to the periodic penalty payment imposed and impose a higher penalty payment or impose To be brought in for the same or subsequent sitting.
If, pursuant to Article 8, the plaintiff has been deprived of his right of charge, but he has had a legal obstacle which he has not been able to inform on time, the plaintiff has the right to bring the matter before the same application by means of a declaration To the court within 30 days of the date on which he has been ordered to lose his or her immunity. If the plaintiff does not demonstrate a legal obstacle, the case shall not be admissible.
Without prejudice to the preparation of the preparatory action, if the defendant has been instructed or not to be brought to the attention of the person who has been called upon to appear in the oral preparation at the risk of a fine, the sitting may not be brought to the attention of the sitting.
The case may be investigated and resolved, despite the defendant's absence, if there is no need to clarify his presence and he or she has been summoned to court. In such cases, a criminal offence, a fine or a sentence of imprisonment of up to three months and a penalty of up to eur 10 000 may be suspended. (27.8.2010/759)
L to 759/2010 Paragraph 1 shall enter into force at the time of the adoption of the law. The previous wording reads:
The case may be investigated and resolved, despite the defendant's absence, where there is no need to clarify his presence and if he or she has been summoned to court. In such cases, a fine shall be punishable or imprisonment of up to three months and a penalty of loss of up to eur 10 000. (2001/1472)
If the defendant has been convicted under paragraph 1 for a sentence or penalty of a loss, but has had a legal obstacle which he has not been able to inform on time, the defendant shall be entitled to retable the case by: To the court within 30 days from the date on which he has been duly informed of the sentence of the sentence or the penalty of loss. If the defendant does not prove a legal obstacle, the case shall not be admissible.
The absence of the defendant will not prevent the prosecution or rejection of the other requirements.
The case may be examined and resolved, with the consent of the defendant, in spite of his absence, if he or she has been summoned to the Court of Justice and if there is no need to clarify her presence. As a punishment, it is not possible to sentence a sentence of imprisonment of six months to imprisonment.
Subject to Article 11 or 12, the defendant cannot be sentenced to imprisonment unless he has been personally heard at the main hearing.
Without prejudice to paragraph 1, the Court of Justice may, notwithstanding the appeal of the prosecutor or the plaintiff, condemn the defendant, who is clearly in charge of the main proceedings, who has been personally consulted in the District Court on the conditions to which the appeal relates, In the case of a criminal offence which has been charged in the District Court, or commutes to the imprisonment of a fine sentenced by the district court, if: (13/05/455)
(1) the defendant's personal hearing at the main hearing of the court is not considered necessary in order to clarify the case;
(2) the defendant's defence has been duly taken care of; and
3) the defendant has been informed that, despite his absence, the case may be resolved.
(23.5.2003/382)What is provided for in this Chapter for the period of absence from the hearing shall also apply where the party concerned is unlawfully removed from the hearing.
The failure of the parties or of one of the parties to comply with the request of the court to give a written statement on the question of the trial or the absence of a hearing of a court to be held only In order to address the issue, however, does not preclude a solution to the question of trial.
If the defendant is convicted of a criminal offence or any other criminal sanction, he or she shall be obliged to pay the State (666/1972) , as well as any other specific costs incurred during the investigation or the judicial investigations in the course of the preliminary investigation or trial, if they have been necessary to clarify the case.
When an obligation for the defendant to pay the compensation referred to in paragraph 1 is disproportionate to the quality of his crime or to his personal and financial circumstances, or for any other reason, the compensation must be reduced or completely reduced -Unjudgmental.
The Regulation may provide that the defendant shall not be obliged to pay the State any compensation referred to in paragraph 1 below the amount provided for in the Regulation.
If the prosecution's case or any other claim is rejected, the State is obliged to pay the defendant's reasonable costs. There is no obligation to pay if, in the event of an appeal by the defendant, the defendant is convicted of an act to which the prosecution was charged. The compensation will not be paid until the issue of the defendant's guilt has been resolved by law. (31.3.2006)
Where a number of charges or other requirements have been lodged in the same case, some of which are accepted and some are settled in accordance with paragraph 1, the payment of costs shall not be subject to judgment unless there is a particular reason for its part to be carried out. However, the reimbursement of costs shall not be awarded to the defendant who, by means of false confessions or otherwise intentionally, has given rise to a charge.
The Ministry of Justice may give more detailed provisions on the implementation of the State's obligation to pay and the procedure for payment. (31.3.2006)
If the defendant has been removed from the court or failed to comply with the provisions of the Court of Justice or, by the way, deliberately or negligently prolonging the proceedings, the defendant prolonged the proceedings and thus brought to the State 1 -the costs or costs referred to in Article 2 (1) of the Directive, or any costs incurred by another party, shall be required to replace them, regardless of how the costs are to be reimbursed.
A representative of the defendant, an agent or an assistant who, in the manner referred to in Article 2, intentionally or negligently has caused the State or another party to bear the costs referred to in this Chapter, may be required to: He/she shall be given the opportunity to be heard, in solidarity with the defendant, to reimburse those expenses.
If the defendants are convicted of any involvement in the same offence or offences linked to each other, they shall be jointly and severally liable for the costs of the costs.
Expenditure relating to a part of the case which relates only to one of the respondents referred to in paragraph 1, or the costs incurred by one of the respondents as referred to in Article 2, shall be reimbursed on its own.
The Court of Justice is, if one of the members of the solidarity obligation requires it, to determine how the costs are to be borne by them or whether one of them should reimburse all costs.
The claim for reimbursement of costs must be made before the end of the proceedings. The claim shall specify the amount of the costs and the reasons therefor.
In the event of a request for reimbursement of costs, the court shall take into account the provisions of Articles 1 to 4, subject to the request or the grant of the party.
The costs of the proceedings in the case of a criminal case, where applicable, shall, where applicable, be in force.
As regards the defendant's case-law, the defendant's obligation to pay the defendant's costs and his right to receive compensation from the defendant for such costs shall apply mutatis mutandis: In Chapter 21 of the Court of Justice Provides. However, the owner shall be responsible only for the specific costs arising from the use of the power of speech. The obligation for the representative of the lawyer to be prosecuted, the agent or the assistant to pay the costs, jointly and severally with the plaintiff, shall apply mutatis mutandis to: In Article 6 of Chapter 21 of the Court of Justice; Provides. (13/05/455)
If the plaintiff in the false statement or otherwise intentionally caused the prosecution, he or she may be required to pay the State, in part or in full, the costs referred to in Article 1 (1).
What Chapter 21 of the Court of Justice Articles 8, 12 and 13, Article 14 (2) and Article 16 of the Treaty provide for disputes which are also applicable in criminal matters.
The prosecutor is entitled, on behalf of the State, to appeal against decisions taken pursuant to Articles 1 to 4 and 8 (3) of this Chapter, even when he has not acted as a prosecutor.
If, in the case of a criminal case, the prosecutor is pursuing an appeal against a party to which no penalty or other criminal sanction has been imposed, or other than the plaintiff, private-law requirements, , in respect of the costs incurred in that respect, must comply with the provisions in force in the case of disputes.
A specific vote shall take place in the following order:
(1) whether the charge must be dismissed or accepted and the offence referred to in the indictment must be assessed in criminal terms;
(2) whether the guilty party has been found guilty or not punished;
(3) whether the Article 6 of Chapter 7 of the Penal Code , provide that the previous sentence also applies to the crime to be dealt with;
(4) the nature and nature of the sanction; and
5) other questions relating to the penalty.
The vote will win the opinion that the majority has supported. If the votes go equally, the defendant will gain a more lenient opinion.
If a vote has been supported by more than two opinions and is not in favour of a number of Members within the meaning of Article 2, the votes cast for the most unfavourable opinion shall be combined with the opinion of the majority of the respondents. Of the votes cast. If necessary, continue in a similar way until an opinion is found to be determined in accordance with Article 2.
A member of the court shall make a statement on each of the questions to be resolved.
The question of the trial must be voted on separately. In this case, the question of voting in the event of a dispute is respected.
If the question of trial is a means of coercion, then the question of voting in criminal matters will be respected.
At the time of the vote on the detailed legal requirement, the voting rules for civil proceedings shall apply.
The main issue in the criminal case is the verdict. The court's other solution is a decision.
The judgment shall only take account of the procedural material presented at the main hearing. However, the judgment may also take into account evidence provided outside the main proceedings, which is not Article 59 of Chapter 17 of the Court of Justice Paragraph 1 shall be redeemed at the main hearing. If a new main hearing has been submitted, the judgment will only take account of what has been presented at this stage. However, the judgment may also take into account the case of the case which has been presented in the main proceedings under Article 13 of Chapter 6. (12.06.2015/733)
L to 733/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
The judgment shall only take account of the procedural material presented at the main hearing. If a new main hearing has been submitted, the judgment will only take account of what has been presented at this stage. However, the judgment may also take into account the case of the case which has been presented in the main proceedings under Article 13 of Chapter 6.
If the charge is not inadmissible or rejected, the judgment or decision shall take account of all the applications, written in the written answer and in the statement, and otherwise presented.
The court shall only condemn the act on which the penalty has been required. The Court is not bound by the criminal code or the law against which the penalty has been imposed. (12.06.2015/733)
L to 733/2015 Article 3 enters into force on 1 January 2016. The previous wording reads:
The court shall only condemn the act on which the penalty has been required or on which the court may, acting by law on its own initiative, be punished. The Court is not bound by the criminal code or the law against which the penalty has been imposed.
The verdict in the criminal case is either guilty or acquitted.
The judgment shall be justified. The explanatory statement must show the basis on which the solution is based. It is also necessary to explain in the explanatory statement the basis on which the contested element has been shown or not shown.
Where an anonymous witness has been consulted on a criminal case, the court shall in particular give reasons for the relevance of his report in the case and the measures taken to safeguard the rights of the defence. The Court of Justice has the same obligation to state reasons if, rather than the personal hearing of the plaintiff or the witness, the evidence was used for the purposes of the pre-trial protocol or any other statement entered or recorded in the document. In this case, the court shall also state in particular the reasons for the fact that the plaintiff or the witness was not personally heard in the proceedings.
L to 733/2015 Article 4 enters into force on 1 January 2016. The previous wording reads:
The judgment shall be justified. The explanatory statement must show the basis on which the solution is based. It is also necessary to explain in the explanatory statement the basis on which the contested element has been shown or not shown.
The verdict in the criminal case is either guilty or acquitted.
If more charges are handled in the same proceedings, the court may decide on them individually, even if other charges are still pending. However, the charges for the same defendant can only be dealt with separately if it is justified for the purposes of the proceedings.
The requirement for a legal person to be sentenced to a community fine shall not be solved unless the charge on the underlying offence has been resolved.
The court or tribunal shall, before ordering the criminal proceedings to be examined by the defendant, to be examined separately ( Intermediate production ) The question of whether the defendant has been shown to be punishable in the manner prescribed by the case in question. In the same context, the court or tribunal may, on the same occasion, resolve the question of a private law or other requirement. Applications for interim relief shall not be subject to a separate appeal.
After a mental examination, the court will decide what crime the defendant is guilty of and will rule on the remainder of the case, unless it is possible for one of the defendants to be settled on the grounds set out in Article 5. For a specific reason, the issue of an intermediate solution can also be reassessed.
The judgment of the District Court is drawn up as a separate document. It shall include:
(1) the name of the court and the date of the judgment;
(2) the names of the parties;
(3) a description of the requirements and answers to the parties;
(4) a list of persons and other evidence presented for the purposes of the licence;
5. Justification;
(6) the legal and legal provisions applied;
(7) the operative part; and
(8) the names and official status of the members of the case, as well as an indication as to whether the sentence has been put to the vote. If the judgment has been put to the vote, the judgment shall be accompanied by the opinions of the Members who disagree.
(6.3.1998)The report contained in the judgment shall be wholly or partly replaced by the inclusion of a copy of the judgment on the application for a challenge or a reply or any other document, provided that the clarity of the judgment does not jeopardise it.
The negotiation of a decision shall be held at the end of the main proceedings or at the latest the following day. After the conclusion of the decision, the judgment shall be pronounced. Where the declaration of a judgment is not necessary in its entirety, the judgment shall state its reasons and the operative part thereof. In so doing, the arguments of the parties can only be given a general outline. If the judgment has been put to the vote, it shall be notified in the event of a judgment. (30.8.2002)
If, in a large or difficult case, the negotiation or judgment of the members of the court is required, the judgment may be delivered within 14 days of the end of the main proceedings in the Office of the Court. If, for specific reasons, the judgment cannot be delivered within the specified time limit, it shall be given as soon as possible. The parties to the proceedings at the end of the proceedings shall be informed of the date of the judgment.
Where the charge is dismissed as inadmissible or dismissed, the decision or judgment shall be delivered without delay in the Office of the Court. The court shall inform the parties in writing of the date of the judgment in good time before the judgment is delivered.
The judgment of the District Court is signed by the President.
The judgments of the District Court and the decisions prepared as separate documents shall be archived by attachments to the file. (30.8.2002)
The court or tribunal shall correct the clerical or clerical error in the judgment, or other such a manifest error. An error may also be corrected by the President of the Court or, in his absence, by a member of its law. Before making a mistake, the parties concerned shall, where appropriate, be given an opportunity to be consulted on the correction.
The correction shall be significant to the judgment and to the copy of the judgment given to the party concerned. If the identity of the person concerned is not remedied, a copy of the corrected judgment shall be sent to the party concerned. Where an appeal has been lodged, the correction made shall be notified to the Court of Appeal.
The party concerned shall have the right to complain about the correction of the error within 30 days of the receipt of the correction.
A reduction in the deprivation of liberty may be made or rectified in the interest of the sentenced person, in accordance with Article 9, which provides for the correction of a mistake.
If the judgment has failed to pronounce on a private law which would have been pronounced in connection with the judgment, the Court may supplement the judgment.
The party concerned shall request that the judgment be supplemented by a written application within 14 days of the date of the delivery or adoption of the judgment.
At the risk of completing the judgment, the parties must be invited to supplement the judgment, in spite of the absence of a party. If the court does not consider the oral procedure to be necessary, the court shall request a written statement from the party concerned on the question before the court and, at the same time, indicate the date on which the decision to complete the judgment is adopted.
The judgment shall be supplemented by a court in the composition of the court which has delivered a further sentence. Where a Member of the Court has become an obstacle, the judgment shall be supplemented by a court in a composition which would have been competent to deal with the case.
The decision to supplement the judgment must be accompanied by a judgment which must be added to the judgment. If an appeal has been lodged, the Court of Appeal shall be informed of the completion of the judgment.
The decision to supplement the judgment shall be subject to appeal.
A copy of the judgment of the district court shall be issued to the interested parties.
A copy of the judgment shall be authenticated by the President, by a qualified member or by an official assigned to the post.
The copy of the judgment of the District Court shall be available to the party in the Office of the District Court, including the date of the judgment or the date of the judgment,
(1) within two weeks, if there is any indication of dissatisfaction, and
2) in other cases, if possible within 30 days.
The decision of the District Court shall be included in the minutes. However, the decision which is inadmissible shall always be drawn up as a separate document.
The decision shall be reasoned if the case is inadmissible, the claim or argument put forward in the case is rejected, or if it is otherwise necessary to justify it.
Otherwise, the decision shall apply, mutatis mutandis, as provided for in the judgment.
The notices and invitations referred to in this Chapter shall be sent by mail, unless otherwise known as necessary.
Unless otherwise provided for in this Act, the criminal proceedings and the appeal shall, in addition to the provisions of this Act, comply with the provisions of the Administrative Court.
This Act shall enter into force on 1 October 1997.
When the law comes into force, criminal cases pending before the courts shall be treated in accordance with the provisions in force at the time of entry into force of this Act.
The criminal case pending before the court, which is not pending, shall be initiated upon entry into force.
THEY 82/1995 , LaVM 9/1997, EV 98/1997This Act shall enter into force on 1 June 1998. However, Article 1a of Chapter 9 shall not apply until 1 January 1999.
THEY 132/1997 , LaVM 17/1997, EV 231/1997
This Act shall enter into force on 1 June 1999.
THEY 107/1998 , LaVM 26/1998, EV 281/1998
This Act shall enter into force on 1 December 1999.
THEY 146/1998 , LaVM 20/1998, EV 234/1998
This Act shall enter into force on 1 December 2000.
THEY 57/2000 , LaVM 7/2000, EV 101/2000
This Act shall enter into force on 1 January 2002.
THEY 80/2000 , LaVM 14/2001, EV 94/2001
This Act shall enter into force on 1 January 2002.
THEY 210/2001 , LaVM 24/2001, EV 216/2001
This Act shall enter into force on 1 June 2002.
THEY 82/2001 LaVM 22/2001, EV 182/2001
This Act shall enter into force on 1 January 2003.
The court seised before the entry into force of this Act shall be examined by the Court in accordance with the provisions in force at the time of entry into force of this Act. However, Article 8 (2) of Chapter 11 applies to cases settled after 31 December 2002.
THEY 32/2001 , No 12/2002, EV 97/2002
This Act shall enter into force on 1 October 2003.
THEY 83/2001 , No 27/2002, EV 259/2002
This Act shall enter into force on 1 January 2004.
Before the entry into force of this Act, measures may be taken to implement it.
THEY 92/2002 , No 269/2002,
This Act shall enter into force on 1 January 2004.
THEY 52/2002 , LaVM 31/2002, EV 286/2002
This Act shall enter into force on 1 August 2004.
THEY 34/2004 , LaVM 4/2004, EV 82/2004 Council Framework Decision 2002 /629/YOS; OJ L 203, 1.8.2002, p. 1, Council Framework Decision 2002 /946/jha, OJ L 328, 5.12.2002, p. 1, Council Directive 2002/90/EC; OJ L 328, 5.12.2002, p. 17, Council Framework Decision 2004 /68/CFS; OJ L 13, 20.1.2004, p. 44
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
This Act shall enter into force on 1 October 2006.
THEY 271/2004 , LaVM 1/2006 EV 6/2006
This Act shall enter into force on 1 January 2009.
THEY 85/2008 , LaVM 11/2008, EV 125/2008
This Act shall enter into force on 1 February 2009.
THEY 103/2008 , LaVM 12/2008, EV 142/2008
The entry into force of this Act shall be regulated by law.
THEY 94/2009 , LaVM 9/2010 EV 84/2010
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 October 2011.
THEY 278/2010 , LaVM 41/2010, EV 338/2010
This Act shall enter into force on 1 January 2013.
Where, before the entry into force of this law, the order for the defence or the plaintiff's legal counsel has been issued before the entry into force of this Act, the provisions in force shall apply.
THEY 318/2010 , LaVM 40/2010, EV 337/2010
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 1 March 2012 and shall expire on 31 December 2013.
The law of the plaintiff shall be governed by the law in force when he submits his sentence.
THEY 116/2011 , LaVM 12/2011, EV 108/2011
This Act shall enter into force on 1 January 2014.
The law of the plaintiff shall be governed by the law in force when he submits his sentence.
THEY 116/2011 , LaVM 12/2011, EV 108/2011
This Act shall enter into force on 1 August 2013.
THEY 141/2012 , LaVM 8/2013, EV 61/2013
This Act shall enter into force on 1 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
This Act shall enter into force on 1 January 2014.
THEY 14/2013 , LaVM 17/2013, EV 203/2013
This Act shall enter into force on 15 April 2014.
THEY 213/2013 , LaVM 2/2014, EV 23/2014
This Act shall enter into force on 1 January 2015.
THEY 58/2013 , LaVM 5/2014, EV 68/2014
This Act shall enter into force on 1 January 2015.
THEY 103/2014 , LaVM 15/2014, EV 189/2014
This Act shall enter into force on 1 January 2016.
The law of the plaintiff shall be governed by the law in force when he submits his sentence.
THEY 46/2014 , LaVM 19/2014, EV 274/2014
