The Law Of Extradition Between Finland And Other Member States Of The European Union

Original Language Title: Laki rikoksen johdosta tapahtuvasta luovuttamisesta Suomen ja muiden Euroopan unionin jäsenvaltioiden välillä

Read the untranslated law here: https://www.global-regulation.com/law/finland/646461/laki-rikoksen-johdosta-tapahtuvasta-luovuttamisesta-suomen-ja-muiden-euroopan-unionin-jsenvaltioiden-vlill.html

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In accordance with the decision of Parliament, which is made in article 95 of the Constitution, in the manner set out in paragraph 2, provided for in Chapter 1 of the General provisions section 1: Scope of this law may be adopted in accordance with the prosecution, or for the implementation of the freedom of the penalty to hand over in Finland, the determination of a person from Finland to another Member State of the European Union, as well as ask the asylum seeker who is in another Member State of the European Union person for release in Finland.
Chapter 2 General conditions for the handing over of Finland in another Member State under article 2 of the disclosure of dual criminality, Extradition is granted in the Act, if the grounds on which it is based under the law of the requesting Member State, the maximum penalty is a penalty involving deprivation of liberty of at least one year and is or should be in Finland under similar circumstances in place according to Finnish law, a crime. As an alternative to pre-trial detention monitoring activities laid down in the framework decision on the implementation of the provisions of national legislation and of the application of the framework decision (620/2012) the control referred to in article 8 of the law provides for a specific subject. (16.11.2012/621)
If someone has been sentenced to a custodial sentence, extradition is granted, if sentenced to a custodial penalty of not less than four months and is or should be in Finland under similar circumstances in place according to Finnish law, a crime.

section 3 of the Extradition request inadmissible, regardless of whether the double criminality, the Act on which the extradition will be granted according to Finnish law, a criminal offence, if the offence under the law of the requesting Member State referred to in paragraph 2 of the Act and the law of the Member State concerned, the maximum penalty is imprisonment of at least three years. For the implementation of the disclosure of a custodial sentence also requires that convicted the penalty is a penalty involving deprivation of liberty of at least four months.
The acts referred to in subparagraph (1) above are: 1) participation in a criminal organisation;
2) terrorism;
3) trafficking in human beings;
4) child sexual exploitation of children and child pornography;
5) illicit trafficking in narcotic drugs and psychotropic substances;
6) illicit trafficking in weapons, munitions and explosives;
7) bribery;
8) fraud, including the European Convention for the protection of the communities ' financial interests (Treaty Series 85/2002) that affecting the financial interests of the European communities within the meaning of the fraud;
9) money laundering;
10) money, including the euro, forgery;
11) cyber-crime;
12) environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties;
13) the facilitation of unauthorised entry and residence;
14) murder, causing serious bodily injury;
15) illegal trade in human organs and tissues;
16) kidnapping, illegal restraint and hostage-taking;
17) racism and xenophobia;
18) organised crime and armed robbery;
illicit trafficking in cultural property, 19), including antiques and works of art, illegal trade;
20) swindling;
21) racketeering and extortion;
22) piracy, counterfeiting and copying;
23) forgery of administrative documents and trafficking therein;
24) payment;
25) hormone preparations and other growth-promoting substances in the illicit trade;
26) illicit trafficking in nuclear or radioactive materials;
the trade in stolen vehicles, 27);
28) rape;
29) arson;
30) the crimes within the jurisdiction of the International Criminal Court;
31) air-to-ship and ship hijacking;
32) sabotage.

section 4 Related offences if the request includes a number of acts and 2 or 3, the requirements laid down in sections are there for, to request a booking, also with regard to the other acts, who are responsible for the acts or that according to Finnish law, crimes.

The absolute grounds for refusal under section 5 of the Extradition will be refused if: 1) of the Act is the basis for the request of Finland the Constitution in accordance with article 105 (2) of the Act provided for a general amnesty and act to the Penal Code (39/1889) according to Chapter 1 of the laws of Finland apply;
2), wanted in Finland or in another Member State the grounds on which it is based on the judgement Act provided that if he is sentenced, he or it or the punishment may no longer be executed under the law of the Member State of origin;
3) of the Act, wanted in doing is not the grounds on which it is based have been filled in the fifteen years;
4) request is for a custodial sentence and wanted is a Finnish citizen and the request to carry out a custodial sentence in Finland; the freedom of the penalty shall be determined in accordance with the implementation in Finland, what about separately;
5, the Act on which the request shall be considered criminal) 1 of the Act to have been made in whole or in part according to the Finnish in Finland or on board any aircraft or any aircraft, and: (a) an act or a similar act is) not in Finland to be punished; or (b)) the criminal prosecution according to Finnish law, expired, or the penalty can no longer be judged or enforced;
6) has reasonable grounds to suspect that for the requested would threaten the death penalty, torture or other human dignity insulting treatment or that he would be placed in origin, membership of a particular social group or political opinion, religion, beliefs, because of the threat to life or freedom, or the rest of the persecution, or there are reasonable grounds for believing that he will have the Constitution to secure human rights, or the right to security, freedom of expression or freedom of Association.
The disposition of the will to refuse the extradition of the person concerned shall also, if age, State of health or other personal matters or for specific circumstances it would be unreasonable for humanitarian reasons and the fact that the implementation of this move is not removed in accordance with article 47.

grounds for optional non-execution of article 6 of the Extradition may be refused if: 1), wanted in Finland is wanted on the basis of the request;
2 of the Act is the basis for the request) to the charge without lifting or to halt proceedings have been abandoned;
3 of the Act) the grounds on which it is based is a judgment given in a Member State other than the Court of the final decision, which would prevent further proceedings;
4, the Act on which the request shall be considered criminal) 1 of the Act to have been made in whole or in part according to the Finnish in Finland or on board any aircraft or any aircraft, and it is more appropriate to deal with the case in Finland;
5) crime criminal prosecution according to Finnish law, expired, or the penalty can no longer be condemned or to implement and can be made according to Chapter 1 of the criminal code to apply the laws of Finland.
6) request is for a custodial sentence, wanted live in Finland permanently and to carry out a custodial sentence in Finland, as well as his personal situation, or any other special reason why it is right that he is carrying out a custodial sentence in Finland; the freedom of the penalty shall be determined in accordance with the implementation in Finland, what about separately;
7), wanted in a Member State other than the European Union or the International Criminal Court in the State of the judgement of the Act provided the basis for the request, that if he is sentenced, he or it or the punishment may no longer be executed under the law of the country of origin;
8), the Act on which the request was outside the territory of the requesting Member State and in Finland in a similar situation would not be possible to apply the criminal law Chapter 1 of the laws of Finland.

section 6 (a) (1/14/2011/23) disposition of the Poissaolotuomiota the refusal may be refused if the request is for a custodial sentence, who has been convicted in the absence of the defendant.
However, the transfer is granted, if wanted: 1) was appropriate at the time received the challenge personally, and thus had knowledge of the judgment the court proceedings leading to the time and place, and he had been informed that the issue can be resolved, even if he is left out of the Court;
2) was by other means actually received official information of the date and venue of the courts in such a way that it can be conclusively stated that he was aware of the Court, and he had been informed that the issue can be resolved, even if he is left out of the Court;
3) was aware of the proceedings mandated by the Assistant, which either he or the State was appointed to defend him at the trial, and this was actually stood up for him in the proceedings;
4) explicitly said that he does not contest the judgment, or did not ask for review of or does not appeal within the time limit after the judgment was delivered to them, and he was specifically informed of his right to review or appeal; the condition in this case, also, that he would have had the right to participate in a retrial or an appeal, the solution should be to explore all over again, would be taken against new evidence and the appeal would have led to a retrial or the original annulment of the judgment; or

5) did not receive a court order served on the person, but it is given to him personally, without delay, after delivery of the asset, and for him to explicitly indicate his right to review or appeal and the time within which he is to ask for reconsideration or appeal; the condition in this case, also, that he or she has the right to participate in a retrial or an appeal, the award criteria may be examined again, new evidence may be received, and the reprocessing or the annulment of the original judgment, the appeal might lead to.

section 7 of the consent to surrender even when his or her surrender, surrender of wanted agrees to be refused under section 6, as provided for in paragraph 1 or 4.

The terms of section 8 of the originators of the return of the condition in deciding whether to release a Finnish citizen shall be subject to prosecution for a donation that he immediately when the judgment becomes final is returned to Finland to perform potentially sentenced to a custodial sentence, in connection with the extradition proceedings if wanted is requested to carry out the punishment in Finland.
If you wanted is resident in Finland permanently, in accordance with paragraph 1, the option can be set in the context of the proceedings, if wanted for extradition is requested to carry out the punishment in Finland and his personal circumstances, or any other special reason is justified, that he can carry out any unacceptable a custodial sentence in Finland.
The freedom referred to in paragraph 1 and 2 of the above penalties shall be adopted in accordance with the implementation in Finland, what about that separately.

section 9 (1/14/2011/23) section 9 is repealed by L:lla 1/14/2011/23.

section 10 of the life sentences, the condition of the Act If the grounds on which it is based to the requesting Member State to follow a life sentence of imprisonment, surrender may be subject to the condition that the requesting Member State shall provide an assurance that the sentence can be convicted of any of the provisions of the legislation or case-law change, or it can be used to ask for a pardon.
The statement referred to in subparagraph (1) above, shall be provided before the extradition decision.

Section 11 of the competent authorities (22.5.2015/658), the competent court to decide on extradition and detention in force on the marketing of the Helsinki District Court.
L:lla 658/2015 modified section 11 shall enter into force on the 1.1.2016. The previous wording: article 11 (19.4.2013/289) to the competent courts and detention to maintain to decide: 1) to the District Court of Helsinki, where the wanted have been captured or found in the territory of the district Helsinki Court of appeal to the Court;
the Oulu District Court, 2) If you wanted has been arrested, or otherwise, of the Court of appeal of Rovaniemi, reached in the area of the Court;
District Court of Pirkanmaa, if 3) wanted has been arrested or otherwise be reached the Court of appeal in the Court of the District of Vaasa, Turku, or in the region;
4) Pohjois-Savon, the District Court, if the wanted have been captured or otherwise of the Court of appeal of Eastern Finland, reached the Court of the district in the area.
Regardless of the Court of appeal in the Court of the district in the region, wanted has been arrested or otherwise be reached, extradition and detention is kept in force may decide that paragraph 1 of said District Court, in which the extradition proceedings for release the carriage requested, his site pitämiseensä or other circumstances shall be considered inappropriate.

section 12 (22.5.2015/658), the competent public prosecutors unless otherwise provided for in this Act provides otherwise, the Helsinki District Court jurisdiction Act in conformity with this law, are empowered to administer, at kihlakunnansyyttäjät syyttäjäntehtäviä.
For a special reason, the competent public prosecutor may also be other than the public prosecutor as referred to in sub-section 1.
L:lla 658/2015 modified section 12 shall enter into force on the 1.1.2016. The previous wording: article 12 (December 29, 2009/1760) the competent public prosecutors unless otherwise provided for in this Act provides otherwise, Helsinki, Oulu, Pirkanmaa and North Savo District Court for the judicial district of the rights of the work in accordance with this law, are empowered to administer, at kihlakunnansyyttäjät syyttäjäntehtäviä.
For a special reason, the competent public prosecutor may also be other than the public prosecutor as referred to in sub-section 1.

The delivery of the request and the order of the contents of the section 13 of the communication at the request of the requesting competent authority of the Member State shall submit a request for a catch and release on the gradual abolition of checks at their common borders, signed the Convention implementing the Schengen Agreement (Treaty Series 23/2001), as referred to in the information system or an equivalent system.
If requested, a request for release, known as the whereabouts of Finland can be delivered directly or through international channels of communication to the competent prosecutor's Office.
The public prosecutor has to be done at the request of the central criminal police statement, which has not been delivered to the Central Criminal Police.

section 14 of the Request, the content and form of Distraction and the request for extradition must contain the following information: 1) for the identity and nationality of the requested;
2) at the request of the applicant, the competent authority's name, address, telephone number, fax number and e-mail address;
3.) a statement indicating whether or not an enforceable judicial decision or judgement, which satisfies the conditions laid down in paragraph 3 of the or;
4) the nature and legal classification of the offence, in particular, section 3 of the offences referred to in paragraph 2;
5) a description of the circumstances in which the offence was committed, including the time, place, and by the way, wanted is implicated in a criminal offence;
6) at the request of the applicant the prescribed scale of penalties for the offence in the law of the Member State or, if there is a final judgment, the penalty imposed and, if the extradition is requested under section 6 (a) referred to in paragraph 5, on the basis of the judgment, the time limit for the application for review shall be required or requested to change; (1/14/2011/23) 7), as far as possible, other consequences of the offence.
The request may be made in writing, by electronic message, or otherwise in such a way, capable of producing a written record.

Article 15 of the Language and the translations of the request must be made in Finnish, Swedish or English, or accompanied by a translation into one of these languages.
The competent authority of Finland can fulfill the request, even if the request is made in a language other than Finnish, Swedish or English, subject to the fulfilment of the request otherwise.
If the request is made in a language other than Finnish or Swedish, Central Criminal Police will be to take care of the translation of the request for extradition for the reading of the Finnish or Swedish language. (25/11/2011/1174)

Catching up and catching up to the police to enable the detention of section 16 of the man gets to catch up under this Act for the requested, which is prescribed for the store.
The police man is allowed to take under this Act for a decision on the requested caught without arrest, if the request for enforcement to catch and may otherwise be compromised. Apprehension is, mutatis mutandis, in effect, what about the law the juge des libertés (806/2011). (July 22, 2011/827)
Charge shall, without delay, inform the competent prosecutor's Office of the Central Criminal Police and the. The Central Criminal Police shall inform for the requested arrest at the request of the requesting competent authority of the Member State.

in order to ensure the inclusion of section 17 of the extradition arrest justified the detention officer may decide to take for the requested site. Store documents relating to the Prosecutor's Office shall be notified without delay by the competent authority. If the Prosecutor decides to continue the maintenance of the store, he shall so inform the competent District Court.
Keeping the store is, mutatis mutandis, in effect, what the pre-trial detention.
Instead of taking the order wanted to store the travel ban. Travel ban is, mutatis mutandis, in effect, what about the law the juge des Libertés, and this law provides for detention.

continuation of article 18 of the Store receipt to the store on a District Court must be the maintenance of detention on board without delay to the extent applicable, in accordance with the law the juge des Libertés arrest warrant requirement, what. The Prosecutor put the maintenance of detention by the District Court.
The Court of justice must be upheld the detention of a decision, if there is reason to believe that the implementation of the extradition request risks being a distraction and may otherwise be compromised. The public prosecutor shall be notified of the decision of the District Court of the Central Criminal Police.

section 19 of the complaint on detention, regardless of the number of valid Store been allowed to complain to the Supreme Court of the District Court of the decision on detention from being maintained.

Contributor and defender of section 20 of the legal assistant and the individual whose extradition is requested shall have the right to use the Assistant.

For the requested must provide for the Defender, if he so requests. A great defender of the Court will be paid fair compensation, which is to the detriment of the State. On behalf of the public authorities, as well as the imposition of a defender Defender is, mutatis mutandis, in effect, what the Criminal Procedure Act (689/1997) provided for in Chapter 2.
(3) repealed by L:lla 17.10.2014/824.

20 (a) in the section (17.10.2014/824) a written declaration on the rights of the police shall be informed without delay for release requested, who has been arrested or otherwise found in Finland, his right to: 1) to the content of the request for information to catch and release;
2) use the Assistant;
3) at the request of individual, if wanted.
4 interpretation as well as apprehension and extradition) request for translation, as section 21 (2) and (3);
5) decide whether the wanted to his or her surrender;
6) to be heard in the District Court of the extradition request; as well as to the basis for the extradition request from 7), in the poissaolotuomiosta, if wanted.
For the requested shall give notice of the rights referred to in paragraph 1, in writing, in a language which he understands.

Article 21 of the Convention, extradition case (8.11.2013/779) For the requested declarations and requests when the request for wanted is taken into custody or otherwise found in Finland, the Central Criminal Police shall, without delay, provide for the surrender of the requested formally request for arresting and explain its contents. For the requested shall also indicate that he or she has the option to consent to his or her surrender, as well as the fact that in the Member State in which he or she shall be surrendered, he may be prosecuted, punished or deprived of freedom to his or her surrender for an offence other than the one before, on the basis of which the extradition is requested, and the fact that he can be handed over to another Member State. In addition, the importance of the requested consent shall be given in the published. Have to ask whether he wanted fished from agree to be surrendered, or does he, that the refusal or the conditions laid down in this law can be applied to his case. For release, including, where appropriate, to ask whether it is fished from he to get the complete freedom to his sentence in Finland.
The notices referred to in subparagraph (1) above, and inquiries must be made for the requested in a language they understand. For the requested the right to interpretation shall apply with respect to the pre-trial (805/11), Chapter 4, article 12 provides for the Party on the right to interpretation. For the interpretation of the right to receive a written translation of the apprehension and extradition at the request of his understands language. Finnish and Swedish language the language of the Act provides for the use of (423/2003).
By way of derogation from article 2, the requested for release can be translated orally a summary of the request or to catch and release at the request of the legal security required, unless a request for translation of the requested in writing. Apprehension and handing over of the translation of the request shall apply to the addition to the criminal investigations section 13 of Chapter 4 sets out the fundamental investigations of the translation of the document in the file.
The measures taken shall be drawn up in the minutes, which shall be made of the measures to be taken and shall inform the entries that derived from the settlement. The Central Criminal Police shall forward to the Protocol and other documents to the competent prosecutor's Office.

Article 21 (a) (1/14/2011/23) the right to have access to data poissaolotuomiosta If the extradition request is based on the first subparagraph of article 6 (a) referred to in paragraph 5 of the judgment, and wanted not previously received official information on criminal procedure for him, he may, in that connection, the content of the request for extradition when he is informed of, the demand a copy of the sentence before he was released. The extradition request to the competent authority of the Member State of the applicant party shall immediately upon receipt of the request, provide the information for the requested a copy of the judgement of the competent authority under this Act.
Request for a copy of the judgment shall not delay the decision on extradition and surrender. The Court will only be for the purpose of information and shall not be considered as an official notification of the judgment as inconsistent and the suspensory nature of the time-limit applicable to or appeal may be put to it.

section 22 of the compliance with the time-limits in accordance with article 17 of the store receipt of admission documents relating to the Prosecutor's Office is to ensure that this issue be dealt with without delay, so that the Court is in a position to comply with the time limits provided for in this Act.

23 of the Act a request for more information, the public prosecutor and the police may if necessary, request further information from the competent authority of the requesting Member State. The submission can be a set amount of time.

the provision of article 24 of the request to the District Court Prosecutor's Office must be submitted to the District Court decision on the request for extradition. The request must be in writing. The public prosecutor shall submit a copy of the request for release for this in a language they understand.
The request must be presented: 1) to the point in time when the wanted have been captured or otherwise be reached in Finland;
2) is being held in custody and detention, wanted them;
3 the conditions of release,) with a report on the criteria and conditions;
4) has announced that it intends to grant to his or her surrender, wanted or to give in to the other consents by law; as well as 5) is for the surrender of the other requests.
The request shall also inform the name of the requested and his assistants, as well as for contact information. The request must be accompanied by a request for the extradition of a distraction and, possibly, additional information submitted, as well as the Protocol to the Central Criminal Police, on behalf of the.

Section 25 of the extradition case to the other to comply with regulation unless otherwise provided for in this Act, the extradition proceedings in the District Court shall apply mutatis mutandis, what the processing of Criminal District Court.

section 26 of the compliance with the time-limits of the District Court of the District Court shall ensure, that this issue be dealt with without delay, so that the Court is in a position to comply with the time limits provided for in this Act.

Article 27 of the composition of the District Court and the District Court shall constitute a quorum for the extradition issue also, when it is alone. A session can also be seen in the intervening period and any other place as provided for in the General district court session.
The extradition issue can be dealt with in the District Court of law on the maintenance of the detention hearing. Unless the District Court the right to keep it to manifest as unnecessary, the case can be dealt with in a separate session.
The District Court is the receipt of a request to the public prosecutor and the Prosecutor shall be notified for release for the requested date and place of the session dealing with the matter. For the requested extension, which has not been taken into custody, shall also indicate the penalties, which may be caused by the fact that he appear before the session.

the presence of section 28 of the public prosecutor shall be present at the hearing and submit its request to the content of the District Court hearing. The Prosecutor should be controlled in the interests of the requesting Member State.
For the requested, who is taken into custody, the Prosecutor's request for a court hearing to be consulted on the content of the District Court. (22.5.2015/658)
L:lla 658/2015 modified 2 shall enter into force on the 1.1.2016. The previous wording: wanted, which is held in detention, must be brought to the District Court for a court hearing, and shall be heard before the Prosecutor's request for the content.
For the requested extension, which has not been taken into custody, shall be reserved for the opportunity of being heard on the Prosecutor's request for the content. If you wanted to get off the case without a legal impediment, the matter can be investigated and resolved in his absence.

Article 29 of the Declaration of consent, wanted to inform the District Court hearing, whether he be surrendered, or the fact that in the Member State in which he or she shall be surrendered, he may be prosecuted, punished or deprived of freedom to his or her surrender for an offence other than the one before, on the basis of which the extradition is requested, or the fact that he can be handed over to another Member State. (22.5.2015/658)
L:lla 658/2015 amended the Act shall enter into force on the 1.1.2016. The previous wording: in the District Court, wanted to announce personally at the hearing, whether he be surrendered, or the fact that in the Member State in which he or she shall be surrendered, he may be prosecuted, punished or deprived of freedom to his or her surrender for an offence other than the one before, on the basis of which the extradition is requested, or the fact that he can be handed over to another Member State.
The District Court shall, before receiving a notify the consent for release as referred to in sub-section 1, the importance of the requested consent.
Of the consents referred to in subparagraph (1) above, as well as the notification referred to in paragraph 2 shall be recorded in the minutes.

section 30 of the


Consent may be withdrawn as referred to in this law may authorise extradition without formal consent, until a decision on the extradition has been implemented.
If you wanted to withdraw their consent to surrender, the Court must take the issue of extradition. The period between the withdrawal of consent and are not taken into account for the purpose of calculating the periods provided for in this Act.

section 30 (a) (22.5.2015/658) consultation on the video connection If the District Court would consider to be appropriate, the extradition proceedings can be used for video conferencing or other appropriate technical information which is involved in the processing and Visual contact with each other. If the Court considers it necessary, however, to bring the wanted is to the District Court.
L:lla 658/2015 added 30 (a) the section shall enter into force on the 1.1.2016.

Article 31 of the request for more information before taking a decision, the District Court may, if necessary, request additional information from the competent authority of the requesting Member State. The submission can be a set amount of time. For the requested will be to hear from the information submitted, as provided for in article 28.

section 32 limits if you wanted has agreed to surrender, the District Court must make a decision on the extradition of three days after the consent has been given. The District Court, however, has always made a decision on the extradition of the 26 days after the wanted have been captured or otherwise found in Finland. If the decision is not a special reason and can be done within that period, it has to be done as soon as possible.

section 33 of the District Court decision If the donation is set to 8, 9, and 10 of the criteria, it must be included in the decision of the District Court. In addition, the District Court's decision shall be notified to the requested provision for consents. If the District Court decision is taken consents to his surrender, a statement that the requesting Member State shall be required to comply with the European arrest warrant and the surrender procedures between the Member States of the Council framework decision (2002/584/JHA framework decision), the provisions of articles 27 and 28.
If the Court consents to his surrender, surrender shall be kept in custody, unless the court orders otherwise. If the Court refuses to surrender, it may, after consulting the case Prosecutor and for the requested order that for the requested custody until the extradition decision has acquired the authority of a final decision or the Supreme Court to decide otherwise.
What provides, applies, mutatis mutandis, to the travel ban.

34 section Competing requests from a number of Member States ask for the extradition of the same person, the Court will decide when the decision on the extradition, the Member State where the person shall be released. When making its decision, the Court must take into account all the relevant factors, in particular the quality of the acts and requests for places, the time of the submission of requests for it, whether the request was for the prosecution or a custodial sentence.
2 this article is repealed on 21 December 2007, L:lla/1385.
If a non-Member State of the European Union, as well as the State, which is not a Nordic country, asking for the extradition of the same person, and the Court is of the opinion that the request from the Member States and can therefore, by reason of the law, and the Ministry of Justice is of the opinion that the request may be complied with, the Ministry of Justice decides on Extradition Act (459/1970), in accordance with article 25, to which state the person shall be released. The Court shall suspend the implementation of the final decision and send the decision to the Ministry of Justice for the settlement of the issue.
If the Member State of the International Criminal Court, as well as asking for the extradition of the same person, a request pursuant to this Act, the Court shall be suspended, until the Ministry of Justice has made a decision on the request.

35 section Delays If the extradition has not been finally resolved within 60 days of the arrest, the prosecution, wanted the delay shall be requested and the reason, to the competent authority of the requesting Member State.
If you wanted has agreed to surrender, and not legally resolved within ten days, consent has been given, the prosecution has made the Declaration referred to in subparagraph (1).
If the extradition has not been finally resolved, within 30 days of the periods referred to in paragraph 1 and 2, the Prosecutor shall inform Eurojust, giving the reasons for the delay and the.

Article 36 notification of the decision by the Prosecutor shall immediately on the final decision to the competent authority of the requesting Member State to the Central Criminal Police. If the disposition is a refusal, the requesting Member State shall notify the refusal. The requesting Member State must also indicate how long you wanted has been in Finland for their freedom because of the apprehension and extradition request to menettäneenä.

The appeal under section 37 (22.5.2015/658), the right of appeal on an appeal is brought against a decision of the District Court in appealing to the Supreme Court, where the Supreme Court stated in Chapter 30 by virtue of section 3 of the chapter's leave to appeal be granted.
L:lla 658/2015 changed section 37 shall enter into force on the 1.1.2016. The previous wording: article 37 right of appeal on an appeal is brought against a decision of the District Court in appealing to the Supreme Court appeal without requesting permission.

38 section (22.5.2015/658) filing an appeal, which It wants to on the District Court's decision, the decision of the District Court shall within seven days, the right to submit to the Supreme Court of Justice addressed to the appeal letter, which must be included in the permit application and the appeal. A change in the application, which has not been made within the time limit, will not be included in the review.
L:lla 658/2015 modified section 38 shall enter into force on the 1.1.2016. The previous wording: article 38, that wishes to file a complaint in the District Court of the decision on the right to appeal the extradition, the decision is within seven days, submit to the District Court to the Supreme Court of appeal addressed to the. The complaint, which has not been made within the time limit, will not be included in the review.

39 section (22.5.2015/658) an applicant for a change to the application to respond to a change in the counterparty has the right to respond in writing to change the application. The answer, for the submission of the opposing party will get copies of the letter to the District Court for the right to appeal and of the documents attached to it. Deadline for reply is seven days after the end of the appeal period. The other party shall provide a written response within the time limit mentioned in the District Court. The applicant may be in the District Court of the right to a copy of the reply and of the documents attached to it.
The amended article 39 657/L:lla 2015 shall enter into force on the 1.1.2016. The previous wording: article 39 of the appellant's on the opposite side has the right to respond to the complaint in writing to respond to the complaint. The answer, for the submission of the opposing party in the District Court of the right to a copy of a letter of complaint and receive the documents attached. Deadline for reply is seven days after the end of the appeal period. The other party shall provide a written response within the time limit mentioned in the District Court. The appellant may be in the District Court of the right to a copy of the reply and of the documents attached to it.

40 section (22.5.2015/658), the transmission of documents to the Supreme Court of the District Court shall be sent without delay to the appeal letter and its attachments on arrival in the Supreme Court. At the same time, must be sent to the relevant file and a copy of the decision of the District Court. Accordingly, the answer to the letter and its attachments is to arrive without delay, send to the Supreme Court.
L:lla section 40 of 658/2015 changed shall enter into force on the 1.1.2016. The previous wording: article 40 of the transmission of documents to the Supreme Court of the District Court of appeal and its attachments shall be sent without delay to the arrival at the Supreme Court. At the same time, must be sent to the relevant file and a copy of the decision of the District Court. Accordingly, the answer to the letter and its attachments is to arrive without delay, send to the Supreme Court.

41 section (22.5.2015/658), the quorum and the urgency of the proceedings, the Supreme Court may hear and determine a matter concerning the donation of kolmijäsenisessä.
The Supreme Court has dealt with the issue of extradition as a matter of urgency. The issue is to be resolved within 20 days of the end of the time allocated to the delivery of the response.
If the time limit laid down in paragraph 2 is not a special reason and cannot be complied with, the matter will be resolved as soon as possible.
L:lla 658/2015 modified section 41 shall enter into force on the 1.1.2016. The previous wording of section 41: the urgency of the Treatment the Supreme Court to be dealt with at the case as a matter of urgency and no later than 20 days after the end of the time allocated to the delivery of the response made the decision on extradition.
If the time limit laid down in paragraph 1 is not a special reason and cannot be complied with, the decision will be made as soon as possible.

Article 42 (22.5.2015/658) other provisions


If the rest of the law, the right of appeal shall apply to the provisions of Chapter 30 of the code of judicial procedure, otherwise on the appeal the Court of appeal in the second instance, to deal with the issue. The Supreme Court shall also apply, mutatis mutandis, to the provisions of this Act the procedure before the District Court.
L:lla 658/2015 modified section 42 shall enter into force on the 1.1.2016. The previous wording of the provisions of article 42, unless the rest of the Other: the law, the right of appeal otherwise subject to the provisions of Chapter 30 of the code of judicial procedure, mutatis mutandis, those of the Court of appeal, which in the first instance to deal with the issue. The Supreme Court shall also apply, mutatis mutandis, to the provisions of this Act the procedure before the District Court.

section 43 of the person if the Supreme Court refuses to release into the free disposition, it shall specify that the container is returned immediately released or be repealed set travel ban.

The authority responsible for implementation on the implementation of article 44 of the surrender on the implementation of the decision of the Central Criminal Police.

Article 45 implementing the decision on the Extradition decision is put into effect, when it has the force of res judicata.
Wanted can be writing to inform the District Court that he did not intend to appeal against the decision of the District Court. With the agreement of the competent public prosecutor's decision can be put into effect before it has the force of res judicata.

the period for implementing article 46 person will be handed over at the request of the applicant to the competent authorities of the Member State as soon as possible on a date agreed between the competent authorities at the time. He or she shall be surrendered no later than 10 days after the extradition decision, however, from the force of law.
If compliance with the time limit referred to in subparagraph (1) is not possible in Finland or in the requesting Member State to occur as a result of force majeure, the competent authorities shall agree on a new surrender date. They release the person will be extradited within 10 days of the agreed the new date.

the transfer of the implementation of article 47, the Court may transfer the implementation of the extradition decision, if there are issues, which is why the disclosure would be an unacceptable in human terms. The extradition decision must be implemented as soon as the data is no longer the case. The competent authorities shall in this case, to agree on a new surrender date. They release the person will be extradited within 10 days of the agreed the new date.

48 section release if the person is 46 and 47 at the end of the periods referred to in article still in the store, he is let free.

49 section (25/11/2011/1174) and the temporary suspension of extradition extradition may be postponed by the implementation of the decision of the Court of Justice, in order to luovutettavaa the person may be a distraction from the rest of the blame than in Finland or on the basis of the extradition request, or, if he or she has already been sentenced, so that he can run a serve. After the suspension of the implementation of article 12 of the extradition decision in becoming competent to decide on the Prosecutor.
The Court may, instead of postponing the implementation of the extradition decision, temporarily surrender the person to the requesting Member State of the alcohol awarded to them. In Finland, the person who runs a prison sentence may be released only to the requesting Member State of a pending trial. The deadline by which temporarily transferred must be returned to Finland, as well as other conditions of the temporary transfer shall be entered in the District Court of a judicial decision. The decision is to be taken of the requesting State shall have the duty to comply with the terms of the interim release. The implementation of the decision on provisional release can be taken, when the competent authority of the requesting State in writing their commitment to comply with the conditions imposed by the District Court.

The handing over of section 50 of the special rule and continue to request permission to catch and the extradition to the requesting Member State may, at their request, be authorized to the fact that the person is obtained from Finland released in the Member State concerned be prosecuted, punished or deprived of freedom to his or her surrender for an offence other than the one before, on the basis of which he or she has been surrendered, or the fact that a person may be released to another Member State. The request shall be submitted to the competent prosecutor's Office, and shall include the information referred to in article 14.

Article 51 the authorization The authorization referred to in section 50 of the procedure shall apply mutatis mutandis, the provisions of this Act provides for the extradition case. Donation to the person referred to in section 20, shall lay down the Defender, in consultation with the District Court's hearing before authorisation is given. If necessary, the District Court of an extradited person can also be booked with an opportunity to be in writing to be heard.
The District Court gives permission to release under the law, if this should be allowed. The District Court shall, if necessary, set 8-10 terms provided for by article.
The decision will be made within 30 days of the receipt of the request to the public prosecutor. If the decision is not a special reason and can be done within that period, it has to be done as soon as possible.

52 section 51 of the District Court of appeal in an appeal is brought against a decision as referred to in article by appealing to the Supreme Court as the case may be, in accordance with what the appeal provided for in section 37-43.
Chapter 3 the handing over to Finland from another Member State, the conditions for the submission of the request for the General conditions of article 53 in another Member State for the extradition of a person to catch and staying in Finland for the prosecution may be requested, if the grounds on which it is based under the law of the maximum penalty for the offence of Finland is at least a year in prison. The grounds on which it is based must be a detention decision.
Arresting and handing over to Finland for the implementation of the freedom of the penalty may be asked, if the work has been the basis for the request for enforceable in Finland and been sentenced to a penalty of not less than four months ' imprisonment.
If the grounds on which it is based under the law of the maximum penalty for the offence of Finland is at least three years in prison, and is one of the 3 listed in the article, this is stated in the request for extradition request to catch and the host Member State.
If the grounds on which it is based is on the offense, which satisfies the conditions laid down in paragraph 1 or 2, extradition may be requested also for acts which do not meet the conditions laid down in the two subsections.

The procedure section 54 (17 June 2011/733), the competent authorities referred to in paragraph 53 of the prosecution of a request by the Prosecutor, who is empowered to drive makes the prosecution in a criminal case. A custodial sentence under section 53 (2) on the implementation of the request referred to in paragraph makes a Criminal penalty for the institution in the central management unit.

55 section contact method above, paragraph 54, the competent authority shall forward the request to the gradual abolition of checks at common borders, as referred to in the Convention implementing the Schengen agreement in the information system or an equivalent system.
If for the requested is known, paragraph 54, the competent authority may refer the request directly or through international channels of communication to the competent authority of the other Member State.
The competent authorities referred to in article 54 shall be made at the request of the Central Criminal Police notice, which is not supplied through the Central Criminal Police.

the content and format of the article 56 of the request the request for extradition will be a distraction and contains 14 of the information referred to in paragraph 1 of the article, and it can be done within the meaning of section 14 (2).

57 § Language and translations when requested is known, the request must be made in the language of the requested Member State. If the Member State has indicated it can accept requests in any other language, the request may be in a language accepted by the Member State.
Under paragraph 1 shall be carried out by the Central Criminal Police on the conclusion of the submission of the request for translation, and the host Member State.

Compliance with the conditions in the overall economy and the special rule under section 58 Member States Finland, a person surrendered may not be prosecuted or punished or deprived of freedom to his or her surrender for an offence other than the one before, which was the basis for the extradition.
The prohibition referred to in paragraph 1 shall not apply, if: 1) to the person extradited has had an opportunity to leave from Finland and he has not left within 45 days of his final discharge, or has returned to Finland in the first after leaving from Finland;
2) the offence is not punishable by a prison sentence;
3) the criminal proceedings do not give rise to a restrictive measure the transferred person's freedom;
4 the person has been handed over to the rest of the) deprivation of the penalty or measure, including a financial penalty or a measure in lieu thereof, even if the restriction of his liberty;

5) when the person consented to be surrendered and given up on the prohibition referred to in paragraph 1 from relying on;
6) a person is expressly waived extradition after the prohibition referred to in paragraph 1, from assuming jurisdiction in regard to specific offences preceding his/her surrender; Renunciation shall be given before the District Court within the meaning of section 29;
7), the Member State which surrendered the person gives its consent for any deviation from the prohibition; the Member State which surrendered the person, or 8) is made to the General Secretariat of the Council of the European Union for a notification that the ban on deviation from the agreement shall be deemed to have been adopted, unless the competent authority has an individual transaction.
The consent referred to in paragraph (2) of 7 may request the public prosecutor, who is empowered to pursue the prosecution in a criminal case, or, for a special reason and the rest of the public prosecutor. The grounds on which it is based must be the decision of the detention referred to in article 60, and the request must be accompanied by a written statement by Finland at the request of the transferred. The consent of the sentenced person to a prison punishment may request the Prosecutor or criminal sanction for the establishment of the Central Government. This subsection of the requests referred to in article 14 shall contain the information referred to in paragraph 1. (25/11/2011/1174) in compliance with the terms of section 59 in respect of the transferred person in Finland shall comply with the conditions, that the extradition decision is in accordance with the framework decision.

the conditions of detention in article 60 of the decision, if the Member State Finland donated a person reasonably suspected of having committed for any purpose other than the surrender referred to in the decision making process, which could lead to a prison sentence, which was handed over to Finland before his arrest, the Court may, at the request of the legitimate officials to order him to prosecute the person for that Act of imprisonment in order to obtain the consent of the other Member State. The offence may be deprived of the freedom of the suspect is not, however, an arrest warrant on the basis of the decision before that Member State has given its consent to the prosecution, the decision referred to in the Act of detention. The detention decision is void, if the Member State does not give consent to the prosecution.
If another Member State has given the consent referred to in paragraph 1, and the suspect is deprived of their liberty on the basis of the decision, the question of detention referred to in subsection suspect detention law the juge des Libertés, under section 11 of Chapter 2 shall be adopted in accordance with the Court of arbitration, mutatis mutandis, to that in Chapter 3, 4 and 5 of the law provides. If the suspect is their freedom menettäneenä for any other reason, the detention decision is without delay after the agreement of the other Member State, to be brought before the Court. (July 22, 2011/827)
The provisions of paragraphs 1 and 2 in the circumstances referred to in paragraph are complied with, otherwise, as the case may be, what the law provides for the detention of the juge des Libertés.

Article 61 prohibition of handing to hand over to the Member State which surrendered the person in Finland will not be disclosed to another Member State or outside the European Union.
The prohibition referred to in paragraph 1 shall not apply to the disclosure of the person's Member State of Finland further transferred to another Member State, if: 1) you have had an opportunity to leave from Finland and he has not left within 45 days of his final discharge, or has returned to Finland in the first after leaving from Finland;
2) he consented to be surrendered, the prohibition referred to in paragraph 1 and given up from relying on;
3) she is so expressly referred to in paragraph 1, after the ban on abandoned, from assuming jurisdiction in regard to specific offences preceding his/her surrender; Renunciation shall be given before the District Court within the meaning of section 29;
4) Member State gives its consent to the prohibition he disposed of conformance; or 5) he disposed of a Member State has made to the General Secretariat of the Council of the European Union that, according to its ban on deviation from the agreement shall be deemed to have been adopted, unless the competent authority has an individual transaction.
The prohibition referred to in paragraph 1 shall not apply to Member States of the European Union, the transfer of the transferred person in Finland is still handled by the State, if the Member State which surrendered him consents to the ban.

62 section Request to dispose of the remains where a Member State requests the person extradited to Finland from another Member State to transfer to the Member State concerned and on the extradition of 61, subsection 2, from 1 to 3 or 5 of the agreement of the competent public prosecutor is not possible, request the Member State, which continues to supply a person has been handed over to Finland. The request should contain a section 14: the information referred to in paragraph 1.
Chapter 4 miscellaneous provisions article 63 consultation prior to a decision on the extradition If the arresting and handing over of the request of another Member State was prosecution for international legal assistance in criminal matters Act (4/1994) at the request of the applicant, the competent authority in accordance with the request of a Member State, prior to the decision on consent to the donation of that for the requested to be consulted, in accordance with the law.
The competent authority referred to in subparagraph (1) above may request another Member State to Finland for the requested consultations.

Article 64 withdrawal if you wanted has been released in Finland from the rest of the States members of the European Union, and he is bound to his or her surrender in the conditions, he shall not be disclosed to another Member State without the consent of the State from which he or she has been surrendered.
If the situation referred to in paragraph 1, the competent authority shall request the consent of the State from which the person the donation is released in Finland. The time limits referred to in this law shall not begin to run until the conditions are no longer valid.

section 65, the privileges and immunities Provided in Finland for the requested relates to the trial or implementation of the law on privilege or freedom, the time-limits provided for in this time starts to run when the competent court has been informed to exercise that power.

Article 66 Search, seizure and transfer of property of the international legal assistance in criminal matters in accordance with the law, the competent authority may not, even if the arresting and handing over of the requesting Member State should not be requested, on the conditions laid down in the said law, search and seizure, so on.
In its decision, the Court may order that the donation or the property to be confiscated is to be transferred to the Member State requesting the extradition as it separately.
The competent authority referred to in subparagraph (1) above may request another Member State to perform, as well as search and seizure, the transfer of the property.

deduction of the period of deprivation of liberty under section 67 of the Court may for wrongful punishment of the criminal code, Chapter 6, section 13 of the extradition procedure in accordance with the reduction to a person extradited to Finland suffered deprivation of liberty.
If the disclosure is made for the enforcement of the sentence in Finland, the area of the prison official responsible for the implementation of the freedom of the surrender to him of the transferred credit reduces the penalty procedure in accordance with the deprivation of liberty suffered by the mutatis mutandis, what of the Penal Code, Chapter 6, section 13. (21 December 2007/1385) article 68 the costs borne by the other Member States on the implementation of the request is not subject to compensation from the Member State concerned.

Transit section 69 the granting of a licence by the Ministry of Justice to provide the transit trade in the field of extradition, in accordance with article 33 of the law on consent to the fact that a Member State or of the European Union from one Member State to another, wanted to be transported through Finland to the Ministry of Justice has been notified, if: 1) of his identity and nationality;
the existence of the extradition request, 2);
3) the nature and legal classification of the offence; as well as 4) a description of the circumstances in which the offence was committed, including the time and place.
No authorization shall be granted if the wanted person is a Finnish citizen and the extradition would take place for the enforcement of the sentence and wanted freedom, not agreed to transport via Finland.
If you wanted is a Finnish citizen and the disclosure would be subject to prosecution for a licence shall be that the wanted persons immediately when the judgment becomes final is returned to Finland to perform potentially sentenced to a custodial sentence, if he is asking to have his sentence in Finland. The freedom of the penalty shall be determined in accordance with the implementation in Finland, what about that separately.
The request for transit may be sent to the Ministry of justice by any means capable of producing a written record. The Ministry of Justice gives its decision in accordance with the same procedure.

section 70 of the Transit request If wanted is going to be transported to Finland from another Member State, the competent authority shall request the transit permit. The request shall contain the 69 of the information referred to in paragraphs 1 to 4, and it will be sent to 69 within the meaning of article.

71 section Air Shuttle


Are not considered as transit transport by air, which takes place without landing. If the descent before it is forwarded to its destination, however, is made, the section 69 and 70.

Article 72 of the regulation on the implementation of this law, the delegation to the Council of State, the provisions of the regulation.
Chapter 5, section 73 of the entry into force and transitional provisions of the entry into force of this law shall enter into force on 1 January 2004.
After the entry into force of the law will apply to the distraction and submitted requests for extradition. At the time of entry into force of the law in Finland pending extradition requests from another Member State are applied prior to the entry into force of the law, the law in force.
If another Member State has stated that it is hard to make a request for a Member State to apply to acts committed before a date for the implementation of the legislation adopted before the framework decision on the regulation in force, including the request to the requesting Member State, Finland applied prior to the entry into force of this law, the law in force.
If the entry into force of this law, the entry into another Member State to apply to extradition, other than the implementation of the legislation adopted in the framework decision, such a Member State to apply by analogy in relation to Finland before the entry into force of this law, the law in force.
THEY'RE 88/2003, LaVM 7/2003, EV with 128/2003 on the Council framework decision (2002/584/JHA); OJ No l L 190, 18.7.2002, p. 1 acts entry into force and application in time: 21 December 2007/1385: this law shall enter into force on 1 January 2008.
THEY'RE 51/2007, LaVM 8/2007, EV 101/2007 December 29/1760: this law shall enter into force on 1 January 2010.
The action pending at the time of entry into force of this law the case moves to the right of the District Court of Kuopio: 1) to the District Court in the Northern Savo;
2 the District Court of Tampere, Pirkanmaa) on the right of the District Court.
Before the entry into force of the law can be taken in the implementation of the law.
THEY LaVM 18/227/2009, 2009, 240/2009, 1/14/2011 EV/23: this law shall enter into force on 28 March 2011.
At the time of entry into force of the laws of the pending issues relating to the arresting and handing over at the date of entry into force of this law shall apply to the provisions in force. Also after the entry into force of the law, but prior to the date of 1 January 2014, the future of the Italian authorities to requests by arresting and handing over at the date of entry into force of this law shall apply to the provisions in force.
THEY'RE 110/20/2010, LaVM 2010, EV 183/2010, Council framework decision 2009/299/JHA; OJ No L L 81, 27 March 2009, born 17 June 2011/733: this law shall enter into force on 1 September 2011.
THEY, LaVM 35/279/2010 2010, EV 312/2010 July 22, 2011/827: this law shall enter into force on 1 January 2014.
THEY LaVM 44/222/2010, 2010, EV 374/2010 25/11/2011/1174: this law shall enter into force on 5 December 2011.
THEY LaVM 4/10/2011, 2011, EV 23/2011, Council framework decision 2008/909/JHA (32008F0909); OJ L 327, 5.12.2008, p. 27, Council framework decision 2008/947/JHA (32008F0947); OJ L 337, 16.12.2008, p. 102 16.11.2012/621: this law shall enter into force on 1 December 2012.
THEY LaVM 10/63/2012, 2012, EV 91/2012, Council framework decision 2009/829/JHA (32009F0829); OJ L 294, 11.11.2009, p. 20 19.4.2013/289: this law shall enter into force on 1 April 2014.
A person who has been arrested or otherwise be reached prior to the entry into force of this law, extradition and detention at the time of entry into force of this law, to maintain in force according to the provisions of a Court of competent jurisdiction.
Before the entry into force of the law can be taken in the implementation of the law.
THEY are 153/2012, LaVM 2/28/2013 2013, EV 8.11.2013/779: this law shall enter into force on 1 January 2014.
THEY LaVM 63/13, 12/2013, EV 115/2013, the European Parliament and of the Council directive 2010/64/EU (32010L0064); OJ L 280, 8.11.2013/780 26.10.2010, p. 1: this law shall enter into force on 1 December 2013 at the latest and shall remain in force until 31 December 2013.
THEY LaVM 63/13, 12/2013, EV 115/2013, the European Parliament and of the Council directive 2010/64/EU (32010L0064); OJ L 280, 26.10.2010, p. 1 17.10.2014/8: this law shall enter into force on 1 December 2014.
THEY'RE 71/2014, 2014, EV LaVM 7/90/2014, the directive of the European Parliament and of the Council of the 2012/13/EU (32012L0013); OJ L 142, 22.5.2015, p. 1/658 01/06/12: this law shall enter into force on the 1 January 2016.
To the point, where the wanted person has been arrested or otherwise be reached prior to the entry into force of this law, shall be applied upon the entry into force of this law, the provisions in force.
THEY LaVM 34/231/2014, 2014, EV 340/2014

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