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In accordance with the decision of the Parliament:
In accordance with this law, a Council Framework Decision on the implementation of decisions freezing property or evidence in the European Union (2003/577/JOS), hereinafter referred to as the Framework Decision, is implemented in Finland in accordance with this law. A freezing order issued by a judicial authority of a Member State of the European Union or of a freezing order issued by the Finnish judicial authority for enforcement in another Member State of the European Union.
The freezing order means a decision of the competent judicial authority of a Member State of the European Union in the criminal case of a competent judicial authority which seeks to temporarily prevent the destruction, transformation, movement, transfer or Extradition, which could be condemned or condemned, or which could be used as evidence.
In the case of Finland, the freezing order of the State sending the freezing order shall mean the (806/2011) , the temporary security guard ordered by the prosecutor or the seizure ordered by the court or the prosecutor referred to in Chapter 7. (22/2011/830)
The implementation of the freezing order shall be subject to the condition that the decision on the freezing order is or would be a criminal offence in similar circumstances in Finland. However, in the case of tax, payment, customs or currency transactions, the execution of the freezing order cannot be refused on the ground that the Finnish legislation does not impose the same type of taxes or charges or that the Finnish legislation does not include: Regulation of the same type of taxes, duties, duties or foreign exchange operations other than that of the issuing State.
Even if the act is not a criminal offence in similar circumstances in Finland, it cannot be refused on that basis if the act is an act within the meaning of Article 3 (3) of the Member State which issued the freezing order and the law of that Member State Shall be punishable by a penalty of at least three years.
The acts referred to in paragraph 2 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.
Enforcement shall be refused if:
(1) the certificate referred to in Article 6 is not submitted, incomplete or clearly does not correspond to the freezing order;
(2) there is immunity or a privilege which makes it impossible to enforce the freezing order;
(3) Whereas it is clear from the information provided in the certificate that the subsequent legal aid referred to in Article 8 is not possible as a result of the definitive settlement of the case in the case of the freezing order ( Ne bis in idem );
(4) the seizure of a document, mail or electric message would not be permitted under Section 7 (3) or (5) of Chapter 7 of the Forced Species Act.
(22/2011/830)By way of derogation from paragraph 1 (1), the authority which issued the freezing order may be subject to a period of time in which it shall present a certificate or supplement or amend it.
Public prosecutions for the enforcement of the freezing order shall be responsible for:
(1) An engagement prosecutor in the jurisdiction of the Helsinki District Court, if the property or proof referred to in the freezing order is situated in the territory of the District Court of Helsinki;
2) An engagement prosecutor in the jurisdiction of the Oulu District Court, if the property or evidence referred to in the freezing order is located in the territory of the Court of Appeal of Rovaniemi;
(3) If the property or proof referred to in the freezing order is situated in the territory of the district of Turku or Vaasa, the District Attorney of the Pirkanmaa District Court,
(4) An engagement prosecutor in the jurisdiction of North Savo District Court, if the property or evidence referred to in the freezing order is situated in the territory of the District Court of Eastern Finland.
Where the property or evidence is situated in the territory of several of the jurisdictions referred to in paragraphs 1 to 4, where their location is uncertain or otherwise there is a specific reason, the district attorney referred to in paragraph 1 shall be competent, irrespective of the The property or proof referred to in the freezing order in the jurisdiction of the court of appeal lies.
For specific reasons, the competent prosecutor may also be a prosecutor other than those referred to in paragraphs 1 or 2.
The competent judicial authority issuing the freezing order shall request the execution of the freezing order in Finland by sending directly to the competent prosecutor referred to in Article 5 a freezing order or a copy of the freezing order and a framework decision A certificate in accordance with the model annexed. The request may be made in writing, electronic communications or otherwise in such a way that it can be presented in writing.
If the documents referred to in paragraph 1 have been submitted to the other authority, it shall forward the documents to the competent prosecutor and shall inform the judicial authority of dispatch of the freezing order.
The certificate shall be submitted in either Finnish, Swedish or English or accompanied by a translation into one of these languages. The competent prosecutor may also accept the certificate provided in a non-Finnish, Swedish or English language, if otherwise there is no obstacle to the approval.
The competent prosecutor shall ensure that the certificate is translated into Finnish or Swedish. The cid will assist in the translation of the certificate.
In the same connection, the issuing judicial authority shall also communicate to the prosecutor:
(1) request for evidence to transfer evidence to the issuing State;
(2) request for the confiscation order; or
(3) the request to retain property in Finland, pending the request referred to in paragraphs 1 or 2, and an estimate of the date of submission of such a request.
Requests referred to in paragraph 1 (1) and (2) shall be treated as expressly agreed or provided for.
The competent prosecutor shall decide whether the freezing order may be implemented under this law. A freezing order falling within the scope of this law shall be imposed by the prosecutor in order to execute a security or seizure order, unless, on the basis of Articles 3 or 4, the prosecutor decides to refuse the execution or Article 13 Decides to postpone implementation. (22/2011/830)
The prosecutor shall inform the judicial authority which sent the freezing order pursuant to paragraph 1 without delay and, if possible within 24 hours of receipt of the freezing order. The notification may be made in writing, electronic communications or otherwise in such a way that it can be presented in writing.
Before taking a decision, the prosecutor must inform the Central Criminal Police and the Customs Government of the freezing order received. Those authorities shall, without undue delay, inform the prosecutor of the grounds for postponement of the implementation of the file.
The competent public prosecutor shall forward without delay the decision referred to in Article 9 (1) for the purpose of implementing the freezing order for the purpose of implementing the freezing order, as appropriate, in accordance with the rules laid down in (705/2007) In order to implement the freezing order in the order provided for by Article 1 (3) of Chapter 7 of Chapter 7 and Articles 3, 5, 6, 8, 9, 11 to 13, 23 and 25 of the Code, the order for the freezing of the freezing order shall apply mutatis mutandis. (22/2011/830)
Enforcement shall comply with the form or procedure proposed by the judicial authority which sent the freezing order if it is necessary to ensure the validity of the evidence and is not contrary to the fundamental principles of Finnish law.
Once the freezing order has been implemented, the competent prosecutor shall inform the judicial authority which sent the freezing order without delay. The notification may be made in writing, electronic communications or otherwise in such a way that it can be presented in writing.
The competent public prosecutor shall set a deadline for the execution of the freezing order. Before setting a time limit, the prosecutor must allow the judicial authority which sent the freezing order the opportunity to pronounce on the length of time. At the request of the judicial authority which sent the freezing order before the expiry of that period, the prosecutor may extend that period.
The prosecution shall inform the issuing judicial authority of the time limit and the withdrawal of the implementing measures taken after the expiry of the time limit, unless the deadline is extended.
The competent prosecutor may defer the execution of the freezing order if enforcement could undermine the ongoing investigation of the offence.
The prosecutor shall inform the judicial authority which sent the freezing order without delay of the suspension of the execution and of the reasons for it and, if possible, of the expected duration of the suspension. The notification may be made in writing, electronic communications or otherwise in such a way that it can be presented in writing.
Where there is no longer any justification for postponement, the measures for the execution of the freezing order shall be taken without delay and communicated to the judicial authority which sent the freezing order within the meaning of paragraph 2.
The competent prosecutor shall revoke the decision on the execution of the freezing order referred to in Article 9 (1):
(1) if it appears that the freezing order cannot be enforced in Finland;
(2) where no property is found;
(3) where the period laid down pursuant to Article 12 (1) of the implementing measures has expired; or
4) if the request for the suspension of the freezing order is withdrawn.
On the basis of paragraph 1 (2), the prosecutor shall, before the decision has been annulled, have the opportunity to make a statement to the judicial authority which sent the request for suspension.
If the decision on the implementation of the freezing order is repealed, the implementing measures already taken shall be withdrawn. The prosecutor shall immediately inform the judicial authority which sent the freezing order of its decision for annulment. The notification may be made in writing, electronic communications or otherwise in such a way that it can be presented in writing.
Other coercive measures other than the security guard or seizure may be used to implement the freezing order, as is the case in the law on international legal assistance in criminal matters (1994) And the Forced Species Act.
The person covered by the freezing order may bring the decision referred to in Article 9 (1) and Article 12 (1) to the District Court. The district court must take the matter up without delay. By the way, the matter shall be dealt with mutatis mutandis, as provided for in Article 1 (2) and Article 15 of Chapter 7 of Chapter 3 of the Code of Forced Aspects.
Where the freezing order is implemented in the order provided for by the security guard, the enforcement action of the bailiff may be appealed in the order of the enforcement order.
In the case referred to in paragraphs 1 and 2, the competent district court shall:
(1) the Helsinki District Court, if the property or proof referred to in the freezing order is located in the territory of the District Court of Helsinki;
2) The District Court of Oulu, if the property or evidence referred to in the freezing order is located in the territory of the Court of Appeal of Rovaniemi;
(3) If the property or proof referred to in the freezing order is situated in the territory of the district of Turku or Vaasa, the district court of Pirkanmaa,
(4) The district court of North Savo, if the property or proof referred to in the freezing order is located in the territory of the district court of East Finland.
The decisions referred to in paragraphs 1 and 2 of the District Court shall be appealed to the Court of Appeal.
The appeal referred to in this Article shall not prevent the enforcement of the freezing order unless the relevant court decides otherwise.
In Finland, the substantive criteria for the freezing order of another Member State cannot be investigated.
The competent public prosecutor shall provide the object of the measure with information on how to appeal against the freezing order in the Member State issuing the freezing order and the issuing of the freezing order Contact details of the Member State authority.
The competent prosecutor shall inform the judicial authority of the Member State of dispatch of the freezing order and of the grounds for appeal. The Member State concerned may provide further information to the Prosecutor.
The judicial authority which sent the freezing order shall be informed of the outcome of the appeal.
The decision to send the freezing order in Finland to another Member State shall be taken by the prosecutor or the court who issued the freezing order. The Court of Justice shall decide to send a decision at the request of the prosecutor competent to prosecute the criminal case in question.
Prosecutor's tasks relating to the posting of the freezing order shall be exercised by the prosecutor referred to in paragraph 1.
The freezing order referred to in Article 2 of this Act shall be sent to the Member State in whose territory the property or proof is situated.
The prosecutor or court issuing the freezing order shall request the execution of the freezing order from another Member State by sending directly to its competent judicial authority a freezing order or a copy of the freezing order, together with a framework decision A certificate in accordance with the model annexed. The request may be made in writing, electronic communications or otherwise in such a way that it can be presented in writing.
The certificate shall be translated into the official language or one of the official languages of the requested Member State. If the Member State concerned has indicated that it will also accept the translation into the official language of the other institutions of the European Communities, the certificate may be translated into the language accepted by the Member State. There is no need to reverse the freezing order.
Where appropriate, the competent prosecutor shall ensure that the certificate is translated into the language of the requested State. The cid will assist in the translation of the certificate.
In the event of a request for freezing, the prosecutor or the court shall also submit to the judicial authority of the requested Member State:
(1) request to transfer evidence to Finland;
(2) request for the confiscation order; or
(3) the request to retain the property in the requested State, pending the request referred to in paragraphs 1 or 2, and an estimate of the date of submission of such a request.
If the freezing decision in Finland is abrogated or withdrawn, the competent prosecutor shall immediately inform the judicial authority that received the freezing request.
If, in accordance with its national law, the other Member State is responsible for the damage caused by the implementation of the freezing order by the Finnish judicial authority, Finland shall reimburse the compensation paid by that State. However, in so far as the damage has been caused solely by the conduct of the State concerned, Finland does not pay compensation.
The payment of compensation shall be determined by the Ministry of Justice.
If, under national law, the State of Finland is liable for the damage caused by the execution of the freezing order by the judicial authority of another Member State, Finland may require that State to replace the State Damages in so far as the injury was not incurred solely by the Finnish authorities.
The request for compensation will be decided by the Ministry of Justice.
The legal aid provided for in this Act shall also apply, mutatis mutandis, to the law on international legal assistance in criminal matters.
In addition, in the case of legal aid within the meaning of this Act, which is expressly agreed or provided for.
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 2 August 2005.
The law shall apply to the freezing orders submitted after its entry into force.
THEY 56/2005 , LaVM 7/2005, EV 84/2005 Council Framework Decision 2003 /577/JHA, OJ L 196, 2.8.2003, p. 45This 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 1 January 2014.
THEY 222/2010 , LaVM 44/2010 EV 374/2010
This Act shall enter into force on 1 April 2014.
The decision of the prosecutor referred to in this Act, concluded before the entry into force of this Act, shall be brought before the entry into force of this Act in accordance with the law in force.
Before the law enters into force, action can be taken to enforce the law.
THEY 153/2012 , LaVM 2/2013, EV 28/2013
