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In accordance with the decision of the Parliament, which has been adopted in accordance with Article 95 (2) of the Constitution:
In accordance with this law, a person residing in Finland may be extradited from Finland to another Member State of the European Union for the purpose of executing a custodial sentence or to request a stay in another Member State of the European Union To be released to Finland.
The surrender shall be granted if the penalties provided for by the law of the requesting Member State are punishable by deprivation of liberty of at least one year and the act is or would be carried out in similar circumstances in Finland under Finnish law. Crime. National implementation of the provisions of the Framework Decision on supervision measures as an alternative to pre-trial detention and in the law implementing the Framework Decision (1020/2012) Is provided for in Article 8 of that Law. (16.11.2012/621)
If a person has been sentenced to a custodial sentence, surrender shall be granted if the sentenced person is a custodial sentence of at least four months, and the act is, or would be, a criminal offence under Finnish law.
Irrespective of whether a request is a criminal offence under Finnish law, extradition is granted if the act is committed under the law of the requesting Member State under the law of the requesting Member State and the penalty provided for by the law of that Member State An act of imprisonment of at least three years. Extradition for the enforcement of the custodial sentence also requires that a sentence of imprisonment of at least four months is punishable.
The acts referred to in paragraph 1 shall be:
1) participation in a criminal organisation;
2) terrorism;
3) human trafficking;
(4) sexual exploitation of children and child pornography;
(5) trafficking in narcotic drugs and psychotropic substances;
(6) illicit trafficking in arms, munitions and explosives;
7) corruption;
(8) fraud, including fraud against the financial interests of the European Communities within the meaning of the Convention on the Protection of the Financial Interests of the European Communities (SopS 85/2002);
(9) laundering;
(10) counterfeiting, including the euro;
(11) cybercrime;
(12) environmental crime, including the illegal trade in endangered species and the illegal trade in endangered plant species and plant varieties;
(13) facilitation of unauthorised entry and residence;
(14) intentional homicide, severe assault and serious bodily harm;
(15) illicit trafficking in human organs and tissues;
16) kidnapping, deprivation of liberty and hostage-taking;
(17) racism and xenophobia;
(18) organised theft and armed robbery;
(19) illicit trafficking in cultural goods, including illicit trafficking in antiques and works of art;
(20) fraud;
21) extortion and extortion;
(22) counterfeiting and piracy;
(23) counterfeiting and trafficking of administrative documents;
(24) counterfeit payment instruments;
(25) illicit trafficking in hormonal preparations and other growth promoters;
(26) illicit trafficking in nuclear or radioactive materials;
(27) trafficking in stolen vehicles;
28) rape;
29) arson;
(30) crimes within the jurisdiction of the International Criminal Court;
(31) the seizure of the aircraft and the vessel;
32) destruction.
Where a request covers a number of acts and the conditions laid down in Article 2 or 3 exist for one act, the request may also be granted in respect of other acts which, according to Finnish law, are criminal offences.
Extradition must be refused if:
(1) In Finland, in accordance with Article 105 (2) of the Constitution, a general amnesty and an act of criminal law could be (39/1889) To apply the Finnish law;
(2) the request for extradition in Finland or in another Member State has been legally condemned in the act justifying the request, provided that, if he has been convicted, he or she has carried out the sentence or carries out the sentence; Can no longer be implemented in accordance with the law of the issuing Member State;
(3) the request for extradition was not completed for 15 years in the award of the request;
(4) the request concerns the enforcement of the custodial sentence and the request for extradition is a Finnish national and asks to be punished in Finland; the custodial sentence must be enforced in Finland, in accordance with which it is expressly provided;
(5) the act justifying the request shall be regarded as Chapter 1 of the criminal code , in whole or in part in Finland or on a Finnish vessel or aircraft and:
(a) an action or an equivalent act shall not be punishable in Finland; or
(b) the criminal prosecution has, according to Finnish law, become obsolete or would no longer be punishable or enforced;
(6) there are reasonable grounds for suspecting that the death penalty may be threatened with the death penalty, torture or other degrading treatment of human dignity, or that he/she obtains his origin, membership of a particular social group, religion, conviction or political As a result of his or her life or freedom or of persecution or other persecution, or may reasonably be expected to be subject to human rights or constitutional security, freedom of expression or freedom of association.
Extradition must also be refused if the extradition of the person concerned to the age of the person concerned, to the state of health or to other personal circumstances or to specific circumstances would be disproportionate, and this is not unreasonable Deleting implementation pursuant to Article 47.
Extradition may be refused if:
(1) the request for extradition is lodged in Finland in the form of a plea in law;
(2) the decision on which the request is based has been decided in Finland not to prosecute or the charge has been dropped;
(3) the act on which the request is based is a final decision issued in a Member State other than that which would prevent the prosecution of prosecution;
(4) the act justifying the request shall be regarded as Chapter 1 of the criminal code Completed in full or in part in Finland or on a Finnish vessel or aircraft, and it is more appropriate to deal with the matter in Finland;
(5) the criminal prosecution has, according to Finnish law, become obsolete, or that it can no longer be prosecuted or enforced; Chapter 1 of the criminal code To apply the Finnish law;
(6) the request for the enforcement of the custodial sentence, the request for extradition in Finland is permanently resident in order to be subject to a custodial sentence in Finland and, due to his personal circumstances or other specific circumstances, it is justified that: He shall carry out a custodial sentence in Finland; the custodial sentence shall be enforced in Finland, in accordance with which it is expressly provided;
(7) the request for extradition in a Member State other than the European Union or the International Criminal Court has been legally condemned in the act justifying the request, provided that, if he has been convicted, he or she shall: Has carried out or performs it or is no longer enforceable under the law of the issuing country;
(8) the request was made outside the territory of the requesting Member State and not in a similar situation in Finland; Chapter 1 of the criminal code To apply the Finnish law.
Extradition may be refused if the request concerns the enforcement of a custodial sentence, which has been convicted in the absence of the defendant.
However, extradition shall be granted if the requested person is granted:
(1) was duly served with the challenge at the appropriate time and was informed of the date and place of the court proceedings leading to the judgment, and had been informed that the case may be resolved, even if he is omitted; Court proceedings;
(2) had been effectively informed by other means of the date and place of the court proceedings in such a way that it was unequivocally established that he was aware of the court proceedings and had been informed that the case was May be resolved, even if he is excluded from court proceedings;
(3) was informed of the proceedings by the authorising officer, who had been appointed by him or by the State to defend him in the trial, and the representative had effectively defended him in the trial;
(4) expressly stated that he or she did not contest the judgment, or did not request a retrial or did not lodge an appeal within the prescribed period after the judgment was served on him and was expressly informed of his In order to be able to take part in a retrial or appeal, the award criteria could have been re-examined, and new evidence could have been received; and The reprocessing or appeal could have led to the original The annulment; or
(5) did not receive the judgment in person, but shall be communicated to him in person immediately after the surrender and shall be expressly informed of his or her right to a retrial or to an appeal and where: In order to be able to take part in a retrial or appeal, the case may be subject to a retrial or an appeal, the case-award criteria may be reviewed, new evidence may be Receive and retrial or appeal may lead to The annulment of the original sentence.
Even if the requested person consents to surrender, the surrender may be refused on the basis of Article 6 (1) or (4).
In deciding to release a Finnish national for the purpose of prosecution, the extradition shall be conditional on the return of him immediately after the conviction is returned to Finland to carry out a possible sentence of the custodial sentence, if: The request for extradition in the case of extradition has been requested to be punished in Finland.
If the request for extradition is permanently resident in Finland, the condition laid down in paragraph 1 may be imposed if the request for extradition has been requested in connection with the extradition procedure in Finland and his/her personal Due to circumstances or other specific circumstances, it is justified that he may carry out a possible custodial sentence in Finland.
The custodial sentences referred to in paragraphs 1 and 2 shall be enforced in Finland, in accordance with their provisions.
§ 9 has been repealed by L 14.1.2011/23 .
If, in the requesting Member State, the request for a request is punishable by a life sentence, the surrender may be made subject to the condition that the requesting Member State makes an assurance that the sentenced sentence can be In accordance with the law or case-law, or may be subject to an amnesty.
The declaration referred to in paragraph 1 shall be provided before the surrender decision is taken.
The Helsinki District Court will decide whether to give up and remain in custody.
L to 25/2015 Article 11 enters into force on 1 January 2016. The previous wording reads:
Extradition and maintenance shall be determined by:
(1) the Helsinki District Court, if the request for extradition has been caught or otherwise caught in the jurisdiction of the Helsinki Court of Appeal;
2) The District Court of Oulu, if the request for extradition has been apprehended or otherwise sought in the territory of the district court of Rovaniemi;
(3) The district court of Pirkanmaa, if the request for extradition has been caught or otherwise sought in the territory of the district court of Turku or Vaasa;
(4) North Savo district court, if the request for extradition has been apprehended or otherwise sought in the territory of the district court of East Finland.
Irrespective of the fact that the court in the jurisdiction of the court of appeal has been detained or otherwise sought, the court or tribunal referred to in paragraph 1 shall be able to decide whether to give up and stay in force; The disposal of the extradition case for the purposes of the transport requested, whether in custody or in relation to other circumstances, must be considered as appropriate.
Save as otherwise provided in this Act, the district attorneys in the jurisdiction of the Helsinki District Court shall be competent to carry out the duties of the public prosecutor in accordance with this law.
For specific reasons, the competent prosecutor may also be a prosecutor other than the prosecutor referred to in paragraph 1.
L to 25/2015 Article 12 shall enter into force on 1 January 2016. The previous wording reads:
Save as otherwise provided in this Act, the district attorneys responsible for the jurisdiction of Helsinki, Oulu, Pirkanmaa and North Savo in the jurisdiction of the District Court are competent to carry out the duties of the public prosecutor in accordance with this law.
For specific reasons, the competent prosecutor may also be a prosecutor other than the prosecutor referred to in paragraph 1.
The competent authority of the requesting Member State shall submit a request for detention and extradition in accordance with the Convention implementing the Schengen Agreement on the gradual abolition of checks at common borders The information system or equivalent system referred to in SopS 23/2001.
If the whereabouts of the requested location in Finland are known, the request may be transmitted directly or through international contact channels to the competent prosecutor.
The prosecutor shall report to the Central Criminal Police on request, which has not been submitted through the Central Criminal Police.
The request for attachment and extradition shall contain the following information:
(1) the identity and nationality of the requested person;
(2) the name, address, telephone number, fax number and e-mail address of the requesting competent authority;
(3) a declaration as to whether an enforceable judicial decision or judgment fulfils the conditions laid down in Article 2 or 3;
(4) the nature and legal classification of the offence, in particular the acts referred to in Article 3 (2);
(5) a description of the circumstances in which the offence was committed, including time, place and the manner in which the requested person is involved in the offence;
(6) the penalty scale provided for in the law of the requesting Member State or, in the case of a final judgment, the penalty and, if the extradition is requested on the basis of the judgment referred to in Article 6a (2) (5), The requested person shall require retrial or appeal; (14/01/2012)
7. Where possible, the other consequences of the crime.
The request may be made in writing, electronic communications or otherwise in a way that can be presented in writing.
The request shall be made in Finnish, Swedish or English or accompanied by a translation into one of these languages.
The competent authority of Finland may fulfil the request, even if the request has been made in a non-Finnish, Swedish or English language, unless otherwise there is an obstacle to the fulfilment of the request.
If the request is made in a non-Finnish or Swedish language, the Central Criminal Police should ensure that the request is translated into Finnish or Swedish. (25.11.2015)
The police may take custody of the requested person to be taken into custody under this law.
Under this law, a police officer may be taken into custody without any decision to hold a detention order if the enforcement of the request for arrest and extradition may otherwise be jeopardised. Where applicable, the PRC shall be in force, as is the case in the Forced Aspects Act. (2006) Provides. (22/2011/827)
The suspension shall be notified without delay to the Central Criminal Police and the competent prosecutor. The Central Criminal Police shall inform the competent authority of the requesting Member State of the request for surrender.
In order to ensure extradition, a person entitled to detention may decide to take over the detention requested. The documents relating to the detention shall be sent without delay to the competent prosecutor. If the prosecutor decides to continue holding, he shall inform the competent district court thereof.
The maintenance of the detention shall apply mutatis mutandis to the provisions of the pre-trial detention.
A travel ban may be imposed instead of a request for extradition. The travel ban shall apply mutatis mutandis, as laid down in the Law on Forced Aspects, and what this law provides for the detention.
Upon receipt of the notification of detention, the district court shall take the issue of the maintenance of the detention order without delay, as appropriate, in accordance with the provisions of the law on the handling of the detention order. The prosecutor shall submit a claim for the holding in force in the District Court.
The court or tribunal shall maintain a decision on the detention if there is reason to suspect that the implementation of the request for arrest and extradition may otherwise be jeopardised. The prosecutor shall inform the central criminal police of the decision of the District Court.
The holder, irrespective of the time limit, shall be brought to the Supreme Court for a decision on the retention of the right to hold a district court.
The requested person shall have the right to use the assistant.
Defendant shall be ordered to be surrendered, if so requested. The court imposes a reasonable amount of compensation for the defence, which is to the detriment of the State. In accordance with the provisions of the Treaty establishing the European Community, the Court of Justice shall, in accordance with the procedure laid down in (689/1997) Provides.
Paragraph 3 has been repealed by L 17.10.2014/824 .
The police shall, without delay, notify the requested person who has been apprehended or otherwise sought in Finland, for his right:
(1) receive information on the content of the request for arrest and extradition;
2) to use the assistant;
(3) the defender, if requested to do so;
(4) translation, interpretation and transfer request as provided for in Article 21 (2) and (3);
(5) decide whether to give up extradition;
6) to be consulted on the content of the extradition request in the District Court; and
(7) to be informed of the grounds for refusal on the grounds of the request for extradition, if requested.
The requested person shall be informed of the rights referred to in paragraph 1 in writing in a language which he understands.
Where a request for extradition has been retained for the purposes of detention or otherwise sought in Finland, the Central Criminal Police shall, without delay, provide the requested evidence of attachment and extradition, and Describe its contents. The requested person shall also be informed that he has the possibility to agree to his extradition and to the fact that the Member State in which he/she is extradited may be prosecuted, punished or deprived of his liberty before Extradition of a criminal offence other than the one on which the extradition is sought and the fact that he may be extradited to another Member State. In addition, the meaning of the consents shall be explained to the requested person. The requested person shall inquire whether he intends to agree to surrender or whether he considers that the grounds for refusal or conditions laid down in this Act may be applied in his case. Where necessary, the requested person shall also inquire whether to ask for his freedom to carry out his custodial sentence in Finland.
The notifications and inquiries referred to in paragraph 1 shall be made available in the language of the requested understanding. The right to interpretation of the requested right to interpretation shall be governed by the law of the (805/2011) in Chapter 4, Article 12 Provides for the right to interpretation. The requested person shall have the right to a written translation of the request for arrest and extradition to the language he understands. The use of Finnish and Swedish languages is governed by language law. (2003) .
By way of derogation from paragraph 2, the request for surrender may be translated into an oral request or summary request, unless the requested legal protection requires the translation of the request in writing. In addition, the translation of the request for attachment and extradition is subject to the provisions of Chapter 4, Chapter 4, of the preliminary investigation law, which provides for translation of a document which is essential to the investigation.
The measures to be taken shall be the subject of a protocol to which the measures taken shall be entered and the report shall be reported. The Central Criminal Police shall forward the minutes and other documents to the competent prosecutor.
If the request for extradition is based on the judgment referred to in Article 6a (2) (5), and the request for extradition has not previously received official information on the criminal proceedings concerning him, he may, when he is informed of the On the content of the extradition request, request a copy of the judgment before he is extradited. Upon receipt of information, the competent authority of the requesting Member State shall, upon request, provide the requested copy of the judgment under this law by the competent authority.
A request for a copy of the judgment shall not delay the surrender procedure or the decision on extradition. The judgment shall be forwarded only for information purposes and shall not be regarded as formal notification of the judgment or the time limit applicable to the request for reprocessing or appeal.
On receipt of the documents relating to the detention in accordance with Article 17, the prosecutor shall ensure that the extradition procedure is handled without delay, so that the court can comply with the time limits laid down in this Act.
Where appropriate, the prosecutor and the police may request additional information from the competent authority of the requesting Member State. A time limit may be set for the transmission of data.
The prosecutor should submit a request for extradition to the District Court. The request shall be in writing. The prosecution shall forward a copy of the request to the applicant in a language which he understands.
The request must include:
(1) the date on which the requested request has been apprehended or otherwise sought in Finland;
(2) whether the request for extradition is taken into custody and the timing of the detention;
(3) an explanation of the conditions of surrender, the grounds for refusal and the conditions;
(4) whether the request for extradition has indicated its intention to agree to surrender or to grant other consents within the meaning of this Act; and
(5) any request for extradition was submitted for extradition.
The request shall also indicate the name and contact details of the requested person and of his/her assistant. The request shall be accompanied by a request for arrest and extradition, any additional information submitted and the minutes drawn up by the Central Criminal Police.
Unless otherwise provided for in this Act, the extradition procedure shall apply mutatis mutandis to the provisions of criminal proceedings in the District Court.
The district court shall ensure that the extradition procedure is handled without delay so that the court can comply with the time limits laid down in this Act.
When dealing with the issue of extradition, the District Court shall also have a quorum when it is the sole chairman. The sitting may also be held at any other time and place other than that of the General Court.
The issue of extradition may be dealt with at the hearing on the holding of the holding in force. Unless the district court finds it manifestly unnecessary, the matter may be dealt with in a separate session.
Upon receiving the request of the Prosecutor, the district court shall inform the prosecutor and the date and place of the meeting requested. In addition, the request for extradition which has not been retained shall also indicate which penalty may result from the fact that he does not arrive at the sitting.
The prosecutor shall be present and shall present the contents of the request at the hearing of the District Court. The prosecutor must supervise the interests of the requesting Member State.
At the hearing of the District Court, the requested person to be surrendered shall be consulted on the content of the prosecutor's request. (22/05/2015)
L to 25/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:
A request for extradition, taken into custody, shall be brought to a court of law and shall be consulted on the content of the prosecutor's request.
The requested person not detained shall be given the opportunity to be heard on the content of the public prosecutor's request. If the requested person is excluded from the proceedings without a legal obstacle, the matter may be examined and resolved, despite his absence.
The request for extradition shall be notified at the hearing of the District Court whether he agrees to surrender or to be prosecuted in the Member State in which he is extradited, punished or deprived of his liberty prior to extradition. Of a criminal offence committed as a result of which extradition is sought, or the fact that he may be extradited to another Member State. (22/05/2015)
L to 25/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
The request for extradition shall be notified in person at the hearing of the District Court whether he agrees to surrender or to be prosecuted, punished or deprived of his liberty in the Member State in which he is extradited. Prior to extradition, other than the one on which extradition is sought, or the fact that he may be extradited to another Member State.
Before receiving the consent, the district court shall indicate the meaning of the consents referred to in paragraph 1.
The consent referred to in paragraph 1 and the notification referred to in paragraph 2 shall be recorded in the minutes.
The request for extradition may be withdrawn with the consent of the law until the extradition decision has been implemented.
If the request for extradition is withdrawn, the court or tribunal shall reopen the issue of extradition. The period between the granting of consent and the withdrawal shall not be taken into account in the calculation of the time limits laid down in this Act.
Where the district court considers appropriate, videoconferencing or other appropriate technical means of communication may be used for the handling of the extradition procedure, where there is a speech and visual connection between the participants. However, if the district court considers it necessary, the request for extradition must be brought to the District Court.
L to 25/2015 Article 30a will enter into force on 1 January 2016.
Where appropriate, the district court may request additional information from the competent authority of the requesting Member State before a decision is taken. A time limit may be set for the transmission of data. The requested information shall be consulted on the information provided as provided for in Article 28.
If the requested person has consented to the surrender, the district court shall take a decision on extradition within three days of the date of consent. However, the district court will always have to take a decision on extradition within 26 days after the request for extradition has been captured or otherwise sought in Finland. If, for a specific reason, the decision cannot be taken within that period, it shall be adopted as soon as possible.
If a condition is set in accordance with Articles 8 to 10, it shall be included in the decision of the District Court. In addition, the decision of the District Court shall indicate the granting of the requested consent. If the district court agrees to surrender, the decision shall also include a statement that the requesting Member State is obliged to comply with the obligation to comply with the European arrest warrant and the surrender procedures between Member States The provisions of Articles 27 and 28 of the Council Framework Decision (2002/584/JHA).
If the district court consents to the surrender, the donation shall be kept in custody unless the court decides otherwise. If the district court refuses to surrender, it may, after hearing the prosecutor and the request for extradition, order that the detention of the requested person be extended until the decision on extradition has become final or the highest The court decides otherwise.
The provisions of paragraph 2 shall apply mutatis mutandis to the travel ban.
Where several Member States request the same person, the court or tribunal shall also decide in which Member State the person is to be extradited. In reaching a decision, the Court of Justice shall take into account all relevant factors, in particular the nature and location of the acts justifying the requests, the date of submission of the requests and the question whether the request has been made, or For the enforcement of the custodial sentence.
Paragraph 2 has been repealed by L 21.12.2007/1385 .
Where both a Member State and a non-member State which is not a Nordic country are asking for the same person to surrender and the court considers that a request by a Member State may be granted under this law, and the Ministry of Justice considers that: May be granted, the Ministry of Justice shall rule on the extradition law Article 25 of the ec Treaty , in which country the person is to be extradiated. The Court defends the enforcement of its legal judgment and sends a decision to the Ministry of Justice for a ruling.
Where both the Member State and the International Criminal Court request the surrender of the same person, the procedure for examining a request under this Act shall be suspended until a decision has been taken by the Ministry of Justice on the request.
If the extradition issue has not been legally resolved within 60 days of the capture of the requested person, the prosecutor shall inform the competent authority of the requesting Member State of the delay and therefore.
If the request for extradition has consented to the surrender and the case has not been legally resolved within 10 days of the date of consent, the prosecutor shall, accordingly, make the notification referred to in paragraph 1.
If, within 30 days of the expiry of the time limits referred to in paragraphs 1 and 2, the extradition issue has not been legally settled, the prosecutor shall inform Eurojust accordingly.
The prosecutor shall immediately inform the competent authority of the requesting Member State and the Central Criminal Police of the final decision on extradition. Where extradition has been refused, the requesting Member State shall also be informed of the grounds for refusal. The requesting Member State shall also be informed of the duration of the request for extradition in Finland as a result of the request for arrest and extradition.
Appeal against the decision of the District Court on extradition to the Supreme Court if the Supreme Court Article 30, Section 3, of the Court of Justice Of the Court of Justice.
L to 25/2015 Article 37 shall enter into force on 1 January 2016. The previous wording reads:
An appeal is brought against the decision to surrender the district court by appeal to the Supreme Court without asking for an appeal.
Within seven days of the decision to appeal against the decision of the District Court for Extradition, the person seeking an appeal shall submit a petition to the Supreme Court to the Supreme Court, which shall include an application for authorisation; and Complaint. An application for an appeal which has not been submitted within the prescribed period shall not be admissible.
L to 25/2015 Article 38 shall enter into force on 1 January 2016. The previous wording reads:
Any person wishing to appeal against the decision to surrender the district court shall, within seven days of the decision, submit a petition to the Supreme Court to the Supreme Court. An appeal which has not been lodged within the prescribed period shall not be admissible.
The opposition party shall have the right to reply in writing to the appeal. For the purposes of the reply, the counterparty shall obtain copies of the appeal and the documents annexed to it. The deadline for reply shall be seven days from the end of the appeal period. The defendant shall provide a written reply to the District Court within that period. The applicant shall have a copy of the reply and the documents attached to it.
L to 25/2015 Article 39 shall enter into force on 1 January 2016. The previous wording reads:
The appellant's counter-party shall have the right to reply in writing. For the purposes of the reply, the counterparty shall obtain copies of the appeal and the documents annexed to it. The deadline for reply shall be seven days from the end of the appeal period. The defendant shall provide a written reply to the District Court within that period. The appellant receives a copy of the reply and the documents accompanying it.
The district court shall send an appeal, together with the annexes, without delay to the Supreme Court. At the same time, a relevant file must be sent and a copy of the decision of the district court. Similarly, the letter of reply, together with the annexes, must be sent without delay to the Supreme Court.
L to 25/2015 Article 40 shall enter into force on 1 January 2016. The previous wording reads:
The district court must send a letter of appeal and its annexes without delay to the Supreme Court. At the same time, a relevant file must be sent and a copy of the decision of the district court. Similarly, the letter of reply, together with the annexes, must be sent without delay to the Supreme Court.
The Supreme Court may process and resolve the issue of extradition in a three-member section.
The Supreme Court must address the issue of extradition as a matter of urgency. The case shall be settled within 20 days of the end of the period for the submission of the reply.
If, for a specific reason, the time limit provided for in paragraph 2 cannot be complied with, the matter shall be resolved as soon as possible.
L to 25/2015 Article 41 enters into force on 1 January 2016. The previous wording reads:
The Supreme Court must deal with this matter as a matter of urgency and no later than 20 days after the expiry of the time limit for the submission of the reply.
If, for a specific reason, the time limit provided for in paragraph 1 cannot be complied with, the decision shall be taken as soon as possible.
Subject to other legislation, the appeal shall otherwise apply to Chapter 30 of the Court of Justice Provisions on appeal as the second instance of the right to appeal. The proceedings before the Supreme Court shall also apply mutatis mutandis the provisions of this Act concerning the proceedings in the District Court.
L to 25/2015 Article 42 will enter into force on 1 January 2016. The previous wording reads:
Subject to other legislation, the appeal shall otherwise apply mutatis mutandis to: Chapter 30 of the Court of Justice Provisions on appeal as the first instance of the right to appeal to the case. The proceedings before the Supreme Court shall also apply mutatis mutandis the provisions of this Act concerning the proceedings in the District Court.
If the Supreme Court refuses to surrender, it shall provide that the detention order must be immediately released or revoked.
The execution of the extradition decision shall be carried out by the Central Criminal Police.
The extradition decision shall be implemented when it is legally binding.
The request for extradition may in writing inform the District Court that he does not intend to appeal against the decision of the District Court. Subject to the agreement of the competent prosecutor, the decision may then be implemented before it is final.
The person to be surrendered shall be surrendered to the competent authorities of the requesting Member State as soon as possible at the time agreed by the competent authorities. However, at the latest ten days after the surrender decision, he shall be released.
If the time limit mentioned in paragraph 1 is not possible due to force majeure in Finland or in the requesting Member State, the competent authorities shall agree on a new surrender date. The person to be surrendered shall be released within 10 days of the agreed new date.
The court or tribunal may delegate the execution of the extradition decision if there are any circumstances for which extradition would be humanly unreasonable. The extradition decision must be implemented as soon as such facts do not exist. The competent authorities shall then agree on a new surrender date. The person to be surrendered shall be released within 10 days of the agreed new date.
If the person to be surrendered is still in custody at the end of the periods referred to in Articles 46 and 47, he shall be released.
The Court of Justice may defer the execution of the extradition decision, in order to allow the person to be surrendered in Finland to be accused of an act other than the grounds for the request for arrest or extradition, or if he has been convicted so that he may: Conduct the sentence of the sentenced person. Following the postponement, the competent prosecutor referred to in Article 12 shall decide on the implementation of the extradition decision.
The court may, in place of the suspension of the extradition decision, be temporarily extradited to the requesting Member State. In Finland, a person performing a sentence of imprisonment may be released only for legal proceedings pending in the requesting Member State. The deadline for the temporary return to Finland and the other conditions of the temporary surrender shall be recorded in the decision of the District Court. The decision shall also include a statement that the requesting State has a duty to comply with the conditions of the temporary surrender. The implementation of the provisional extradition decision may be taken when the competent authority of the requesting State has stated in writing that it is bound to comply with the conditions imposed by the District Court.
The requesting Member State may, at its request, be authorised, upon its request, to be prosecuted, punished or deprived of liberty by a person released from Finland in that Member State. For any other offence prior to extradition, other than the one on which he has been surrendered, or the fact that the person surrendered may be extradited to another Member State. The request shall be submitted to the competent prosecutor and shall contain the information referred to in Article 14.
The procedure for issuing the authorisation referred to in Article 50 shall apply mutatis mutandis, as provided for in this Act, for dealing with the extradition proceedings. The person surrendered shall be assigned a defence, referred to in Article 20, which shall be consulted at the hearing before the authorisation is granted. If necessary, the district court may also reserve the opportunity to be heard in writing.
The district court will authorise it if it is permitted under this law. If necessary, the district court shall lay down the conditions set out in Articles 8 to 10.
The decision must be taken within 30 days from the date of the request to the prosecutor. If, for a specific reason, the decision cannot be taken within that period, it shall be adopted as soon as possible.
The decision referred to in Article 51 of the District Court shall be appealed against by the appeal to the Supreme Court, mutatis mutandis, which shall be governed by Articles 37 to 43.
A request may be made for the arrest and extradition of a person residing in another Member State for the prosecution of Finland if the penalty provided for by the Finnish law is punishable by imprisonment of at least one year. The request shall be based on a detention order.
The application for the enforcement of a custodial sentence in Finland may be requested if the act on which the request is based is enforceable in Finland and is punishable by a sentence of at least four months Prison sentence.
If the Hero punishment provided for by the Finnish law is at least three years in prison and one of the offences referred to in Article 3 (2) is committed, this shall be indicated in the request for attachment and extradition. The host Member State.
Where a request is based on an act meeting the conditions laid down in paragraphs 1 or 2, the surrender may also be requested for acts which do not fulfil the conditions laid down in either paragraph.
The application for prosecution referred to in Article 53 (1) shall be made by the prosecutor competent to prosecute the criminal case in question. The request referred to in Article 53 (2) on the implementation of the exemption shall be made by the central administrative department of the Criminal Sanctions Agency.
The competent authority referred to in Article 54 shall submit a request to the information system referred to in the Convention implementing the Schengen Agreement on the gradual abolition of checks at common borders, or The corresponding system.
Where the requested whereabouts are known, the competent authority referred to in Article 54 may transmit the request directly or through international contact channels to the competent authority of another Member State.
The competent authority referred to in Article 54 shall notify the Central Criminal Police of a request not to be transmitted through the Central Criminal Police.
The request for attachment and extradition shall contain the information referred to in Article 14 (1) and may be made within the meaning of Article 14 (2).
Where the requested whereabouts are known, the request shall be made in the language of the requested Member State. If the Member State concerned has indicated that it accepts the request in another language, the request may be made in a language accepted by the Member State.
The Central Criminal Police shall take care of the translation and transmission of the translations provided for in paragraph 1 to the requested Member State.
A person extradited from a Member State to Finland shall not be prosecuted or punished or deprived of liberty for any other offence prior to extradition than the one on which the extradition was based.
The prohibition referred to in paragraph 1 shall not apply if:
(1) the transferred person has had the opportunity to leave Finland and has not left the country within 45 days of his final release or has returned to Finland first after leaving Finland;
(2) the offence is not punishable by imprisonment;
(3) criminal proceedings do not result in a measure restricting the freedom of the released person;
(4) the person who has been surrendered shall be subjected to a punishment or measure other than the deprivation of liberty, including an economic penalty or a measure imposed instead, even if it may limit his freedom;
(5) the person has consented to his surrender and renounced the prohibition referred to in paragraph 1;
(6) the person, after his surrender, expressly renounced the prohibition in paragraph 1 for certain acts prior to extradition; the declaration of resignation shall be handed down within the meaning of Article 29;
(7) the surrender by the Member State of the person giving its consent to the derogation; or
(8) the issuing Member State has made a declaration to the General Secretariat of the Council of the European Union that its consent to an exemption from the prohibition shall be deemed to have been granted unless the competent authority has indicated otherwise.
The consent referred to in paragraph 2 (7) may be requested by a prosecutor competent to prosecute the case in the case in question or, for a specific reason, another prosecutor. The request shall be based on the detention order referred to in Article 60 and the request shall be accompanied by a written statement made to Finland on request. The term of imprisonment of the sentenced person may be requested by the prosecutor or the central administrative department of the Criminal Sanctions Agency. The requests referred to in this paragraph shall include the information referred to in Article 14 (1). (25.11.2015)
In the case of a person surrendered to Finland, the conditions laid down in the surrender decision in accordance with the Framework Decision shall be respected.
If the probable cause of a person released from a Member State to Finland is likely to be guilty of any act other than the one referred to in the extradition decision, which may be punishable by a custodial sentence and made before his surrender to Finland, the court may: At the request of a qualified official, order him to be held in custody in order to obtain consent for the prosecution of a person from another Member State. However, a suspected criminal may not be deprived of liberty pursuant to this detention order before the Member State concerned has given its consent to the offence referred to in the detention order. The detention order shall lapse if the Member State does not consent to the prosecution.
Where the consent of the other Member State has been granted under paragraph 1 and the suspect has been deprived of liberty pursuant to the detention order referred to in paragraph 1, the question of the detention of the suspect in accordance with Article 11 of Chapter 2 of the Forced Instruments Act shall be brought: Where appropriate, in accordance with Article 3 (4) and (5) of that Law. If the suspect is deprived of his liberty for another reason, the detention decision shall, without delay, be brought before the Court of Justice after the consent of the other Member State. (22/2011/827)
The situations referred to in paragraphs 1 and 2 shall otherwise apply mutatis mutandis as regards the treatment of the subject of detention in the law of coercion.
A person surrendered from a Member State to Finland may not be extradited to another Member State or to a State which is not part of the European Union.
The prohibition referred to in paragraph 1 shall not apply to the transfer of a person surrendered to Finland from a Member State to another Member State if:
(1) has had the opportunity to leave Finland and has not left the country within 45 days of his final release or has returned to Finland first after leaving Finland;
(2) he has consented to his surrender and renounced the prohibition referred to in paragraph 1;
(3) he has expressly renounced the prohibition laid down in paragraph 1 in respect of acts prior to extradition, as provided for in Article 29 of the Treaty;
(4) the Member State which surrendered him consents to the exemption from the prohibition; or
(5) The Member State which surrendered him has made a declaration to the General Secretariat of the Council of the European Union that its consent to an exemption from the prohibition shall be deemed to have been granted, unless otherwise indicated by the competent authority.
The prohibition referred to in paragraph 1 shall not apply to the extraditation of a person who has been handed over to Finland from a Member State to a State which is not part of the European Union, provided that the Member State who has surrendered gives his consent to the prohibition.
Where a Member State requests that a person who has been surrendered to Finland from another Member State to the Member State in question is still extradited to the Member State in question and, pursuant to Article 61 (2) (1) to (3) or (5), it is not possible, the competent prosecutor shall request the consent Further extradition from the Member State from which the person has been surrendered to Finland. The request shall include the information referred to in Article 14 (1).
Where the request of another Member State for catching and surrender has been requested for prosecution, the International Law on Legal Assistance in Criminal Matters (1994) Shall, at the request of the requesting Member State, consent to the submission of a request for extradition in accordance with that law.
Accordingly, the competent authority referred to in paragraph 1 may request from another Member State the consultation requested to be submitted to Finland.
If the request for extradition has been handed over to Finland from a non-eu Member State and is bound by the conditions for that surrender, he shall not be extradited to another Member State without the agreement of the State from which he or she is Surrendered to Finland.
In the circumstances referred to in paragraph 1, the competent authority shall request the consent of the State from which the person has been surrendered to Finland. The time limits referred to in this Act do not start to run until the conditions are no longer valid.
Where the request for extradition of Finland concerns a privilege or freedom of enforcement or freedom, the time limits laid down in this Act shall start to run when the competent court has been informed of the deletion of the privileges or immunities.
The competent authority in accordance with the law on international legal assistance in criminal matters may, in the absence of such requests by the requesting Member State, subject to the conditions laid down in that law: The search and seizure, as expressly provided for.
In its decision on extradition, the Court of Justice may order that the seized object or property confiscated shall be transferred to the Member State which requested the surrender, as provided for in the separate provision.
Similarly, the competent authority referred to in paragraph 1 may request from another Member State to carry out the search and seizure and transfer of assets to Finland.
The court or tribunal is a punishable offence Article 13 of Chapter 6 of the Criminal Code , reduce the deprivation of liberty resulting from the extradition procedure to the person who has been given to Finland.
In the event of extradition to Finland for the purpose of the execution of the sentence, the official responsible for the enforcement of the regional territory shall deduct the deprivation of liberty of the person who has been released for the purposes of the extradition , where applicable, Article 13 of Chapter 6 of the Criminal Code Provides. (21.12.2007)
The costs incurred in implementing the request of another Member State shall not be reimbursed by the Member State concerned.
In accordance with Article 33 of the extradition law, the Ministry of Justice authorises the transfer of Finland from a Member State or a non-eu Member State to another Member State. If the Ministry of Justice has been informed:
1) his identity and nationality;
2) the existence of a request for extradition;
(3) the nature and legal classification of the offence; and
4) a description of the circumstances in which the offence was committed, including time and place.
The authorisation shall not be granted if the person requested is a Finnish national and extradition for the purposes of the enforcement of the custodial sentence and the request for extradition has not been accepted for transit through Finland.
If the requested person is a national of Finland and extradition is to be issued for the purpose of prosecution, the authorisation shall be made conditional on the immediate return of the requested person after the conviction has been restored to Finland. If he is to be allowed to carry out his sentence in Finland, a convicted custodial sentence. The freedom penalty must be enforced in Finland, in accordance with which it is expressly provided.
A request for transit may be sent to the Ministry of Justice in any way that may be presented in writing. The Ministry of Justice shall notify its decision by the same procedure.
If a request for extradition is to be carried out to Finland through another Member State, the competent authority shall request the transit authorisation. The request shall include the information referred to in Article 69 (1) (1) to (4) and shall be sent within the meaning of Article 69 (4).
Transit without stopover shall not be considered as a transit operation. However, if landing before the final destination takes place, Articles 69 and 70 shall apply.
More detailed provisions may be laid down in the implementation of this law by a decree of the Government.
This Act shall enter into force on 1 January 2004.
The law shall apply to requests for capture and surrender submitted after its entry into force. At the time of entry into force of the Act, pending extradition requests from another Member State are subject to the law in force before the law enters into force.
If the other Member State has indicated that it applies the legislation in force before the date of its notification before the date of its notification, including Finland, As the applicant Member State, the law applicable before the entry into force of this law.
If, after the entry into force of this Act, another Member State applies legislation other than that adopted for the purpose of implementing the Framework Decision, Finland shall apply, respectively, to such a Member State before the The law governing entry into force.
THEY 88/2003 , LaVM 7/2003, EV 128/2003, Council Framework Decision (2002/584/JHA); OJ L 190, 18.7.2002, p. 1This Act shall enter into force on 1 January 2008.
THEY 51/2007 , LaVM, EV 101/2007
This Act shall enter into force on 1 January 2010.
Upon entry into force of this Act, the case pending shall be postponed:
1) The right of the Kuopio district court to the district court of North Savo;
2) from the Tampere District Court to Pirkanmaa district court.
Before the law enters into force, action can be taken to enforce the law.
THEY 227/2009 , LaVM 18/2009, EV 240/2009
This Act shall enter into force on 28 March 2011.
The provisions in force at the time of entry into force of this Act shall apply at the time of entry into force of the Act. Also after the entry into force of the law but before the entry into force of the law before 1 January 2014, the provisions in force on the date of entry into force of this Act shall apply to requests for arrest and surrender.
THEY 110/2010 , LaVM 20/2010, EV 183/2010, Council Framework Decision 2009 /299/YOS; OJ L 81, 27.3.2009, p. 24
This Act shall enter into force on 1 September 2011.
THEY 279/2010 , LaVM 35/2010, EV 312/2010
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 5 December 2011.
THEY 10/2011 , LaVM 4/2011, 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
This Act shall enter into force on 1 December 2012.
THEY 63/2012 , LaVM 10/2012, EV 91/2012, Council Framework Decision 2009 /829/JHA (32009F0829); OJ L 294, 11.11.2009, p. 20
This Act shall enter into force on 1 April 2014.
A person who has been apprehended or otherwise reached before the entry into force of this Act, the maintenance and detention shall be determined by the competent court at the time of entry into force of this Act.
Before the law enters into force, action can be taken to enforce the law.
THEY 153/2012 , LaVM 2/2013, EV 28/2013
This Act shall enter into force on 1 January 2014.
THEY 63/2013 , LaVM 12/2013, EV 115/2013, Directive 2010 /64/EU of the European Parliament and of the Council (32010L0064); OJ L 280, 26.10.2010, p. 1
This Act shall enter into force on 1 December 2013 and shall expire on 31 December 2013.
THEY 63/2013 , LaVM 12/2013, EV 115/2013, Directive 2010 /64/EU of the European Parliament and of the Council (32010L0064); OJ L 280, 26.10.2010, p. 1
This Act shall enter into force on 1 December 2014.
THEY 71/2014 , LaVM 7/2014, EV 90/2014, Directive 2012/13/EU of the European Parliament and of the Council (32012L0013); OJ L 142, 1.6.2012, p. 1
This Act shall enter into force on 1 January 2016.
The provisions in force at the time of entry into force of this Act shall apply to the case where the requested person has been apprehended or otherwise sought before the entry into force of this Act.
THEY 231/2014 , LaVM 34/2014, EV 340/2014
