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In accordance with the decision of the Parliament:
The preliminary investigation of the offence shall be carried out in accordance with this law, unless otherwise provided for by law.
By the way, the use of coercive measures and the acquisition of information by the preliminary investigation authority are subject to the provisions of the law.
The investigation shall state the following:
(1) the criminal offence, the circumstances of the offence, the circumstances of the case, the damage caused and the benefits thereof, the parties involved and the other elements necessary for the prosecution and the penalty to be imposed on the offence;
(2) the possibilities for the return of property acquired for the purpose of the offence and for the penalties to be imposed on the offence or for the payment of damages to the injured party;
(3) the private legal requirement of the plaintiff in the case of the law on criminal proceedings (689/1997) Article 9 of Chapter 3 Has asked the Prosecutor to pursue his claim; and
(4) whether the plaintiff is willing and whether the suspect intends to agree to a hearing in the District Court in the written procedure referred to in Chapter 5a of the Law on criminal proceedings.
In the case of a preliminary investigation, the case shall be prepared in such a way that the prosecution and the monitoring of the interests of the parties may be carried out properly and that the evidence may be accepted at the main hearing, or the case may be settled in writing Procedure.
The police will be sent by the police.
In addition to the police, the investigative authorities are border guards, customs and military authorities, as laid down in the law of the border guards (1920/2005) , on combating crime in the Customs Code (19/2015) And the Law on Military Disciplinary and Crime Prevention (155/2014) . (22/05/2015)
In addition to the investigation authorities, the prosecutor is involved in the investigation.
The investigation shall be conducted by the head of the investigation, in which the (806/2011) in Chapter 2, Article 9 An official who is entitled to arrest. However, the prosecutor only acts as the investigating officer in the cases referred to in Article 4 (1). In the preliminary investigation provided by the police, the police sergeant or sergeant shall be the head of the investigation, for reasons related to the quality of the case or for other similar reasons, and for a preliminary investigation to be submitted by the other authority, Shall be governed by the law separately.
The General Director of the investigation, who decides on the coordination of the preliminary investigation, and which may, for that purpose, for the purposes of the investigation, may be the head of the investigation of the investigation of criminal offences under the same criminal aggregate. Provisions.
The examiner shall conduct interrogations and other preliminary investigations of the suspected offence under the direction of the head of the investigation and shall take the relevant provisions of the investigation by the Director of the investigation and carry out the other examiners under the law. Include measures.
The prosecutor shall conduct a preliminary investigation if the police officer is suspected of having committed a criminal offence in connection with the performance of his duties. Although the suspected offence committed by a police officer has not been committed in connection with the performance of his duties, the prosecutor may, in the event of the seriousness of the offence or the quality of the case, decide to be the head of the investigation. In the cases referred to above, the prosecutor may also conduct a preliminary investigation to the extent that, in addition to the police officer, there is another suspect if it is appropriate to investigate the matter. The prosecutor shall not act as the head of the investigation if the case is dealt with as a criminal offence or penalty.
In his capacity as head of investigation, the prosecutor has the same powers as the police officer in charge of the investigation.
A criminal offence committed by a police officer is always investigated in a police unit other than his or her place of work if it is not a criminal offence or a criminal offence. If necessary, the police department investigating the offence should be ordered to do so without prejudice to the neutrality of the pre-trial investigation.
The parties involved in the investigation are:
(1) the plaintiff;
(2) the suspected offence;
(3) any other person whose rights, interests or obligations may be affected by a criminal offence.
The guardian or guardian of the party concerned, the legal person of the legal person concerned, or any other representative of the legal representative of the person concerned, or the legal representative of any other party, shall apply mutatis mutandis to the parties involved in this Act Provisions.
Where appropriate, the investigator shall decide whether or not a person should be considered a party.
If the person concerned has an assistant or a sponsor, it shall participate in the preliminary investigation as provided for by the law.
Criminal law (39/1889) The right of the person who was the subject of a parking offence referred to in Articles 9 and 9a to the right of a lawyer to use a lawyer in a preliminary investigation, a presentation to the court for the purpose of determining the assistant or the aid person, and the suitability of the assistant; Article 10 of Chapter 4 of this Act shall apply. The right of such a person to be represented and of a supporting person in the examination of the client shall be subject to the provisions of Chapter 7, Section 12, of the person concerned and of the support person assigned to the injured party. (19/12/2015)
The investigating officer, the investigator and any other official of the pre-trial authority shall not be prevented from attending the preliminary investigation.
The question of the accessibility of an impersonator must be resolved without delay. The official or, where appropriate, his superior shall resolve the question of aesthetic. If the prosecutor is the head of the investigation, he or she shall be consulted on the matter of the examiner's aesthetic and may take the matter to a solution.
A disabled official shall be replaced without delay by an unimpeded official. However, an examiner may, however, be prevented from taking a preliminary investigation which cannot be delayed without compromising the investigation of the offence.
An impersonator shall be unhindered if:
(1) he or the person closest to him is a party to the preliminary investigation;
(2) he or the person closest to him shall assist or represent the party concerned or the person to whom any particular benefit or damage is to be expected;
(3) the outcome of the case is expected to be of particular benefit or damage to the person or persons referred to in paragraph 3;
(4) he is in service or in relation to the relevant mandate in the case of a party to the party or to whom a particular benefit or injury is to be expected;
(5) he or the person referred to in paragraph 3 (1) shall be a member of the Government, the Management Board or the institution that is assimilated to them, or as managing director or equivalent in a Community, a foundation, a State In a physical institution or establishment that is a party to a party or which can be expected to benefit or damage a particular case;
(6) he or the person referred to in paragraph 3 (1) is a member of the board of the Agency or of an institution or an institution assimilated to it, and is a matter relating to the direction or control of this agency or agency; or
(7) Confidence in his impartiality for another specific reason is compromised.
In accordance with paragraph 1 (4), there is no such obstacle solely as a party to the State.
For the purposes of paragraph 1, a pre-trial officer shall:
1) a spouse and a child, a grandchild, a sibling, a parent, an grandparents and a person of particular interest to him, as well as the spouse of such a person;
2) the older sister and her spouse, the children of the civil servant and the former spouse of the official; and
3) a spouse, grandchildren, siblings, parents and grandparents, as well as the spouse of such a person and the children of the spouses of the spouses.
A similar spouse is also considered to be close. In the case of spouses, spouses and married couples are defined as spouses and living in a registered partnership.
When the investigating authority is informed of a criminal offence or an event which the notifier suspects as a criminal offence, the investigating authority shall immediately record the notification. Where the notification is unclear or incomplete, the notifier shall be invited, where appropriate, to specify or complete the notification.
The obligation to record a criminal declaration shall also apply to the suspected offence of a suspected criminal offence, as referred to in paragraph 1, if the conditions for waiver of the measures referred to in Article 9 (1) are not met.
Where a statement of the offence has been committed to a pre-trial authority whose functions it does not include, it shall immediately record the case and transmit the notification and any other material accumulated in the case The competent pre-trial authority, which shall promptly record the notification.
A preliminary investigation shall be submitted by the investigating authority when, on the basis of the notification submitted to it, or otherwise there is reason to suspect that the offence was committed.
Before commencing the pre-trial investigation, the investigating authority shall, where appropriate, examine the matters relating to the criminal suspicion referred to in paragraph 1, in particular by ensuring that no person is unduly placed in the position of the suspect and that it is Where necessary, the solution referred to in Article 9 (1) or Article 10 (1) may be made for the non-submission of a preliminary investigation. The provisions of this Act shall apply mutatis mutandis to the measures prior to the initiation of the investigation.
Where appropriate, the investigator shall decide whether or not to submit a preliminary investigation and to clarify any matters necessary for the adoption of the decision. In order to investigate the matter, the necessary preliminary investigations may be carried out before the decision of the Director.
If the prosecutor is only to be charged with a criminal offence at the request of the lawyer ( Case-law, ), a preliminary investigation will only be carried out if the plaintiff has informed the investigating authority or the prosecutor that it is demanding a criminal offence. If the plaintiff withdraws his sentence, the investigation must be stopped.
A preliminary investigation may be initiated, even if a criminal offence has not been made if the plaintiff is apparently not yet aware of the offence and the investigation cannot be carried out without jeopardising the investigation of the offence. The opening of the investigation shall then be notified without delay to the plaintiff. The investigation shall be terminated if the plaintiff in the event of a criminal offence does not declare that he or she is required to commit a criminal offence.
If, according to the law, the prosecutor has the law of the general interest to prosecute the case of a lawyer, even if the plaintiff does not require a criminal offence, the investigation shall be forwarded by the prosecutor.
If the demonstration that the offence has taken place is, by law, a condition for taking any action or maintaining a benefit, the case of a lawyer must be provided, to the extent necessary, at the request of the plaintiff, even if: He is calling for a criminal offence to be committed.
When a person under the age of 15 is suspected of committing a criminal offence, a preliminary investigation shall be carried out, if necessary, in order to determine whether a 15-year-old has been involved in the act. In this case, the preliminary investigation shall determine the elements referred to in Section 2 of Chapter 1 for each suspect.
In addition to the criminal act of a suspected person under 15 years of age, a preliminary investigation shall be carried out:
(1) at the request of the lawyer, to recover lost property or to carry out his/her claim for damages;
(2) the conditions of the loss penalty; or
(3) due to the need for suspected child protection measures or the need for clarification of the interest of other suspects.
In the case referred to in paragraph 2 (3), the case may be submitted, even if the plaintiff's plaintiff has not made a claim within the meaning of Article 4 (1).
The Executive Director shall notify the opening of the criminal investigation (39/1889) Article 11 of Chapter 40 Where a civil servant is suspected of having committed a criminal offence punishable by at least four years' imprisonment. The Executive Director shall also be entitled to inform the official of the initiation of the investigation of any other criminal offence suspected of being committed by an official, if the offence under investigation is such that it can be presumed to be relevant to the performance of his duties.
Interviews and other preliminary examination measures requested by the interested party shall be carried out if they demonstrate that they may have an impact on the case and if they do not incur unreasonable costs in relation to their quality.
In the course of the preliminary investigation, the request for preliminary investigations of the party concerned shall be decided by the head of investigation or by the prosecutor. Once the case is transferred to the district attorney's office, the prosecutor will decide.
The investigating authority may investigate a suspected criminal offence committed abroad if: Chapter 1 of the criminal code Is subject to Finnish law and where the supply of a preliminary investigation in Finland is appropriate for investigative purposes and for the execution of criminal liability. If the examination of such a crime in Finland requires Article 12 of Chapter 1 of the Penal Code , the prosecutor decides to open the preliminary investigation.
Where the plaintiff informs the investigating authority of a criminal offence committed in the territory of another Member State of the European Union, the notification of the plaintiff and his request shall be communicated to the competent authority of the Member State in whose territory the offence was committed Has been carried out if the investigating authority does not investigate the offence pursuant to paragraph 1. In addition, it is necessary for the supplier to have not been able to report and present his claims in the State of origin or, in the event of a serious crime, he did not wish to do so.
International cooperation in criminal matters is governed by law separately.
A preliminary investigation may not be carried out, or an initial investigation has been initiated, to stop a criminal offence for which there is no prospect of a more severe penalty than a fine, and which, as a whole, must be regarded as manifestly low, if: The plaintiff does not have any requirements.
If, on the basis of what is provided for by the law, the authority fails to take any action to prosecute the suspect, the investigation shall, however, be forwarded only for a specific reason.
The decisions referred to in this Article shall, where appropriate, be the subject of the investigation.
The prosecutor may decide, on a proposal from the Director of the investigation, that the pre-trial is not to be carried out or that it is terminated if, pursuant to Article 7 or 8 of Chapter 1 of Chapter 1 of the Act on criminal proceedings, or any other comparable legal point, the prosecutor should be prosecuted Without raising or having an important public or private interest, it is necessary to prosecute.
The prosecutor may also decide, on a proposal from the Director-General, that the investigation shall be closed if the costs of an extension of the investigation are in a clear relationship to the quality of the case under investigation and the possible penalty for it; or If, on the basis of the preliminary investigation measures already carried out, it is very likely that the prosecutor should not be prosecuted on the basis of any other than that referred to in paragraph 1. In addition, an important public or private interest does not require an extension of the pre-trial investigation.
In the cases referred to in paragraphs 1 and 2, the subject shall be re-opened in cases where there is justified reason for the new circumstances.
If there are two or more cases of suspected offences committed by the same person in the pre-trial investigation, and has contributed to the investigation of the crime of one or more suspected persons, the prosecutor may, if he considers it justified, taking into account the quality of the case, and The requirements to be presented, the estimated cost of processing and the time taken to do so, as well as other considerations, on the basis of a proposal from the Director of the investigation, that the pre-trial investigation is not carried out for all offences or that the pre-trial investigation is discontinued.
If, pursuant to paragraph 1, the preliminary investigation is restricted on the basis of a confession, the prosecutor may, at the same time on a proposal from the head of the investigation, commit to the penalty. Article 8a of Chapter 6 of the Penal Code And of which the preliminary investigation is to be carried out in accordance with a reduced penalty scale. The prosecutor may also make a similar commitment when there is a suspected criminal offence to be investigated by a suspect in the investigation of the offence, in full or in all material respects.
In the event of a proceeding within the meaning of paragraph 2, the negotiation between the prosecutor and the suspect of the offence may be arranged and a judgment shall be drawn up in accordance with Article 1 (10) and (10a) of the Law on criminal proceedings.
The decision not to submit a preliminary investigation or to withdraw it and the public prosecutor's undertaking to require a less lenient penalty may be withdrawn only if the recognition referred to in paragraph 1 is withdrawn or a new statement or a commitment has been made in accordance with a new report. Has been substantially based on incomplete or incorrect information.
Under this Article, a pre-trial investigation shall not be filed or terminated or a commitment within the meaning of paragraph 2, in so far as the suspected criminal offence is punishable by more severe punishment than six years of imprisonment or a suspected criminal offence, shall: Chapter 20 of the criminal code The offence referred to in Articles 1, 4, 5, 6, 8a and 8b, or of Chapter 21 (4), (5), (6a) and (7) to (15), or an important public or private interest requires the submission of a preliminary investigation.
The case shall be provided without undue delay.
In the case of a criminal offence committed under 18 years of age, or under the age of 15, the preliminary investigation must be carried out as a matter of urgency.
In order to do so, the proposed measures may be prioritised.
The investigation shall be carried out by a decision of the head of investigation, if it is necessary for the investigation of the offence to be investigated or the other related offence to be investigated, and if there is no risk of such a transfer. The risk of a life, health or freedom, or a significant environmental, property or property damage.
Following the initiation of the investigation, the investigation shall be suspended by a decision of the head of the investigation, if no one is suspected of the offence and if the relevant report is not available. In particular, the decision to suspend the investigation shall take account of the nature of the suspected criminal offence.
The claim must be continued without undue delay when the conditions for suspension are no longer present.
In the case of simple and clear cases, the preliminary investigation may be carried out in a concise manner as provided below if, in accordance with general penalties, the offence is not subject to a heavier penalty than a fine.
As a result of a criminal offence committed by a police officer, a concise pre-trial investigation may be carried out only if the matter is dealt with as a criminal offence or penalty.
If necessary, the head of investigation shall decide whether or not to submit the preliminary investigation as complete or concise.
The investigation shall take account of and take into account both the facts and evidence of the offence against the suspect.
The suspect must be treated as an innocent in the preliminary investigation.
A suspected criminal has the right not to contribute to the investigation of the offence of which he is suspected.
The intervention measure and the rights of the person concerned must be defended in relation to the offence to be dealt with, the need to clarify the case and the age, health and otherwise of the person subject to the measure In relation to the related issues and other relevant factors.
In the case of an investigation, no one's rights may interfere more than is necessary in order to achieve the purpose of the preliminary investigation.
The proposed measure shall not cause any unnecessary harm or inconvenience to anyone.
The parties to the investigation and other participants in the preliminary investigation shall be treated with discretion.
Persons under the age of 18 shall be treated in the pre-trial period in accordance with their age and level of development. In particular, it is necessary to ensure that investigation measures do not unduly interfere with him in school, work or other important surroundings.
Investigative measures against persons under the age of 18 years must, as far as possible, be given to researchers who are particularly familiar with this task. Where appropriate, the investigating authority shall consult with a doctor or other expert on the possibility of carrying out investigation measures against a person under the age of 18.
The court or tribunal shall provide a party to the proceedings of a party under the age of 18, if there are reasonable grounds for believing that the guardian, the guardian or other legal representative cannot objectively control the interests of the party concerned and if: The appointment of a guardian is not clearly unnecessary. Where appropriate, the investigator shall make an application to the court for the appointment of the guardian. The application may also be made by the prosecutor, in the law on guardiancing (442/1999) For the purposes of a depository or a social welfare law (710/1982) § 6 The institution referred to in Social authority ). The guardian's order shall be valid until the end of the examination of the criminal case for which the order has been issued.
The costs incurred as a result of the appointment of the guardian and the remuneration of the trustee shall be borne by the State. Otherwise, under the supervision of a guardian, the provisions of the law on guardiantic action shall apply mutatis mutandis.
When a person is subject to pre-trial measures, he shall be informed as soon as possible of his position in the preliminary investigation. Such reporting obligations also apply to changes in status.
A person may be treated in the pre-trial investigation if his position is unclear.
The party concerned shall have the right to use the assistant of his choice in the investigation. The suspect must be informed of that right, as provided for in Articles 16 and 17. Prior to his hearing, the person concerned shall be informed in writing of that right, unless the case is addressed in a restricted preliminary investigation. In view of the criminal nature of the offence, the investigation of the offence and the person concerned, the applicant authority shall ensure that the right of the party to use the assistance is effectively exercised by the person concerned. If necessary or necessary to ensure a fair trial. (17/10/2015)
The head of investigation or the prosecutor shall submit to the court a proposal for a trial assistant or an aid person to be appointed to the plaintiff if it is justified under the provisions of Chapter 2 of the Law on criminal proceedings and the defence In the event of a criminal offence pursuant to Article 1 (3) of that Chapter. In accordance with the nature of the offence, the investigating authority shall inquire from the plaintiff whether he consents to the transmission of his contact details to the provider of the aid services of the injured party and, in the course of his/her consent, the No undue delay. (30/04/2013)
Article 3 (3) of Chapter 11 provides for the suitability of the party's assistant and its solution.
The person arrested, arrested or imprisoned as a suspect in a criminal offence has the right to communicate with his assistant by meeting, by letter and by telephone, as in the law on pre-trial detention (1768/2005) And the law on the treatment of persons kept by the police (2003) Details are provided.
The investigating authority shall ensure that the confidentiality of contacts between the suspect and his/her assistant is safeguarded.
In the case of an investigation, the language of the suspected offence is used in the official territory of a bilingual preliminary investigation authority, either Finnish or Swedish. If the suspects are different, or if the suspect's language is not Finnish or Swedish, the investigative authority shall decide on the language of the proceedings with a view to the rights and interests of the parties involved. If the language selection cannot be made on this basis, the language of the majority of the population of the district shall be used. In the case of a pre-trial investigation, the language of the official territory of the Authority shall be used for the purposes of the preliminary investigation, unless the authority of the authority and the interests of the parties concerned decides to use another language.
However, irrespective of paragraph 1, everyone has the right to use a Finnish or Swedish language law. (423/2003) In the manner prescribed. An interpreter shall provide an interpreter or an interpreter at the expense of the State when the authority is not required to use the language of the person concerned.
The right to use the Sami language in the preliminary investigation is provided by the Sami language (1886/2003) .
In the case of non-Finnish, Swedish or Sami people are entitled to use a language which he understands and can speak sufficiently, and the right of sign language to use sign language. The investigating authority shall establish whether there is a need for interpretation. The investigating authority shall ensure that the interested party receives the necessary interpretation. The interpreter may act as an honest and otherwise suitable person with the skills required for the task. The issuing authority shall assign a new interpreter to the task if the legal certainty of the party so requires. The investigating authority may also assign a new interpreter for other weighty reasons. (08.11.2011)
In the cases referred to in paragraphs 2 and 4, the interpretation shall also be provided where necessary due to the sensory or speech defect.
A document or part thereof, which is relevant to the case, shall be translated within a reasonable time in writing to the language used by the party referred to in Article 12, if the translation is necessary to control the right of the party concerned.
By way of derogation from the provisions laid down in paragraph 1, a party may be translated orally or part thereof, or a summary of the document, unless the legal certainty of the party requires the translation of the document in writing.
The investigating authority shall ensure that the party receives sufficient information on the right to a translation of the document and, if necessary, ascertain whether the party wishes to make a translation of the document referred to in this article. A translation of the document may be refused if the party concerned renounces the right to a translation.
The translation provided for in this article is at the expense of the State, unless the preliminary investigation authority itself is concerned about translation. A translator may be an honest and otherwise suitable person with the skills required for the task. A new translator shall be assigned by the investigating authority if the legal certainty of the party so requires. The investigating authority may also assign a new translator for other weighty reasons.
Moreover, translation is valid for translation in the language of the language and the language of the Sami language.
The language used in the notices, invitations and letters shall be provided for in Article 19 (3) of the Language Act and Article 15 (1) of the Sami Language Act.
In a language other than the Finnish, Swedish or accompanying language, an invitation or letter shall be sent, as far as possible, in a language which he may reasonably be expected to understand.
After the opening of the preliminary investigation, the interested party shall have the right to be informed of the facts of the preliminary investigation and the preliminary investigation, and of the pre-trial material which may or may have had an effect on his case.
The right referred to in paragraph 1 shall not be entitled before the termination of the investigation, if the provision of information is detrimental to the investigation of the case.
A party shall not have the right referred to in paragraph 1 if the non-disclosure is necessary in order to safeguard a high level of public or private interest. The party concerned does not have the right to be informed of the Article 11 of the ec Treaty ( The information referred to in paragraph 2 (6a) or (7). (12/06/2015)
L to 736/2015 (3) will enter into force on 1 January 2016. The previous wording reads:
A party shall not have the right referred to in paragraph 1 if the non-disclosure is necessary in order to safeguard a high level of public or private interest. The party concerned does not have the right to be informed of the Article 11 of the ec Treaty ( The contact details referred to in paragraph 2 (7).
When considering the right of a party to be informed or restricted, the assessment shall take into account the right of the party concerned to defend itself properly or, otherwise, to duly enforce his or her right to the trial.
The right to information on the use of a secret method of coercion also applies, as laid down in Articles 60 and 62 of Chapter 10 of the Code of Forced Law and the right to information on the use of a secret means of information, which is the law of the police law. (872/2011) Articles 58 and 60 provide.
The right of access to information on pre-trial files shall otherwise be governed by the law of the public authorities. However, the provision of information on audio and visual records shall be subject to the provisions of Article 7 (2) of this Act.
Where a person is informed that he is suspected of a criminal offence, he shall be immediately and at the latest before his hearing:
(1) the right to use an assistant of its choice;
(2) the right to defend the defence, under the conditions laid down in Section 1 of Chapter 2 of the Law on criminal proceedings;
3) the right to free legal assistance and assistance in the legal aid law; (257/2002) Under the conditions laid down;
(4) the right to be informed of the offence of which he is suspected, as well as information on any changes to the criminal offence;
(5) the right to interpretation and translation of essential documents, as provided for in Article 13, Article 16 of Chapter 2 and Article 21 of Chapter 3 and Article 3 of Chapter 3 of the Law on Criminal Matters;
6) the right to remain silent and not to contribute to the investigation of their crimes.
The offender shall be informed of the rights referred to in paragraph 1 in the language of the suspect referred to in Article 12. The suspect shall be informed in writing of the right referred to in paragraph 1 (1) in writing, unless the case is addressed in a restricted preliminary investigation.
When a suspected person loses his liberty in connection with the arrest, detention or detention, he shall be informed without delay:
(1) the rights referred to in Article 16;
(2) the right to information in accordance with Article 15;
(3) the right to be informed of the deprivation of liberty in accordance with Article 2 (2) of Chapter 2 of the Law on the Treatment of Persons held by the police;
(4) the right to health and medical care referred to in Section 1 of Chapter 5 of the Law on the Treatment of Persons, and Chapter 6, Section 1, of the Law on the Treatment of Persons;
(5) the right to a detention before a court within the time limit laid down in Article 5 of Chapter 3 of the Statute of the Forced Species Act, and the right of the imprisoned person to be re-examined in accordance with Article 15 of Chapter 3 of the Law on Forced Aspects.
In addition to the provisions laid down in paragraph 1, the person who has lost his or her freedom shall be informed without delay of the right to be informed of the loss of detention in a diplomatic or consular post representative of his country of origin.
The persons who have lost their freedom shall be informed of the rights referred to in paragraphs 1 and 2 in writing in the language referred to in Article 12.
The investigating authority shall, without delay, inform the prosecutor of the case in which the suspect is a police officer, unless the matter is dealt with by a criminal or penal code. In addition, the prosecution shall be declared admissible for a criminal offence which, on the basis of the powers conferred on them by the preliminary investigation and prosecution authorities, has been subject to an obligation to notify or has been requested by the prosecutor. Notify.
At the request of the prosecutor, the investigating authority shall submit a preliminary investigation or a preliminary investigation procedure. The applicant authority shall, in any case, comply with the provisions of the Prosecutor's Office aimed at securing clarification within the meaning of Article 2 of Chapter 1.
The prosecutor shall decide on the preliminary investigation procedure after the date of termination of the preliminary investigation.
The prosecution of the prosecutor is governed by Article 4 of Chapter 2.
In the light of the quality or scope of the case, the investigating authority shall inform the prosecutor of the facts relating to the transmission and preliminary investigation of the investigation and the progress of the investigation. If the investigating authority has notified the prosecution of a criminal offence to the prosecutor, the investigation director shall, before deciding the pre-trial investigation, consult the prosecutor on whether the case has been adequately explained within the meaning of Article 2 of Chapter 1, if: The quality or scope of the investigation shall be subject to consultation or if the investigation is to be decided without bringing the matter before the prosecutor. The obligation to notify the use of coercive measures is laid down in the law of the law.
The prosecution shall, to the extent necessary, participate in the preliminary investigation in order to ensure that the case is settled in accordance with Article 2 of Chapter 1.
The investigating authority and the prosecutor should discuss issues related to the organisation of pre-trial cooperation.
If there is reason to believe that a person may be given an explanation of the offence, or if a preliminary investigation procedure is otherwise required for the purpose of determining the offence, he or she shall be obliged, at the invitation of the The nearest purpose of the investigating authority to a suitable place of work or to the corresponding place of business of any other pre-trial authority. (30/04/2013)
The invitation shall indicate the offence under investigation and the status of the applicant in the preliminary investigation.
If a pre-trial qualification is not followed without an acceptable reason, he may be retrieved there. A suspect may be retrieved without a call if the offence is punishable by imprisonment and it is likely that he does not comply with an invitation, or if there are grounds for suspecting that he/she, after having received an invitation, may take the form of an escape, proof of destruction or otherwise. To obstruct the preliminary investigation.
It's up to the head of the investigation. Compliance shall be given in writing to a specific written order. If, because of the urgency of the matter, the order is not written, the order and the grounds on which it is based must be multiplied upon the occasion of the capture.
The search for an interview for an inquiry is governed by Article 3 (1) and Article 4 of Chapter 8 of the Forced Species Act.
In the case of a preliminary investigation officer carrying out the preliminary investigation of criminal offences, the person meeting the criminal or direct proximity of the crime scene shall remain in this place or shall immediately reach the closest person to the investigating authority. To a suitable place of work or to the corresponding place of work of any other pre-trial authority. If, in the absence of an acceptable reason, he refuses to comply with the invitation or this is likely to be his behaviour, the official concerned may prevent him from leaving the premises or apprehend him and bring him in for questioning. (30/04/2013)
The person leaving the crime scene may be apprehended in order to give the request referred to in paragraph 1 if the circumstances are such that the request cannot otherwise be brought to his attention and otherwise compromised.
Introductory measures, for which a person has been summoned or fetched in the form of a pre-trial investigation, or has been ordered to stay or be heard by virtue of Article 3, shall start without undue delay.
No one shall be kept in the preliminary investigation any longer than is necessary.
Non-suspected persons are obliged to attend the preliminary investigation for up to six hours at a time. A suspect who has not been arrested or detained is obliged to be present at any time for a maximum of 12 hours and, in the event of arrest, for a maximum of 24 hours in accordance with Article 5 (5) of Chapter 2 of the Code. For a criminal offence committed at the age of less than 15 years, the suspect is obliged to be present at a time for more than 12 hours and not more than 24 hours.
There shall be no specific reason for the re-entry or recovery of the under-examination during the 12 hours after he has left the pre-trial.
A suspect who is obliged under Article 5 (2) to be present in the preliminary investigation and who has not been arrested or imprisoned shall be kept in a locked state if necessary to prevent his escape.
For the purpose of retrieving or arrest for pre-trial detention or release, the head of the administrative unit in which the soldier concerned is served shall be informed without delay.
The hearing must be present in the hearing itself.
If the investigator considers that there is no harm to it and that it does not jeopardise the integrity of the investigation, the person concerned shall be allowed to make a statement through the agent or by telephone or any other means of communication. Under the same conditions, the witness may be questioned by telephone or another means of communication. A suspected offence may be questioned through an agent only if the case concerns a criminal offence for which no other or more severe penalty is imposed than a fine or six months' imprisonment.
Written explanations are to be received from the interested party and the witness against the interview report they provide.
An appropriate owner, who apparently does not have any information to investigate the case, may be submitted in the preliminary investigation without questioning if he/she has filed a criminal complaint or otherwise stated the charge for closure and trial. The necessary elements. The questioning of the owner may be left out of his/her own declaration if the quality of the case is required by a large number of plaintiffs or other comparable reasons.
If a person is so intoxicated from alcohol or other narcotics, that he cannot be expected to understand the meaning of the interview, he shall be questioned only if the interrogation cannot be postponed without jeopardising the investigation of the offence. The hearing shall be subject to a subsequent review of the report as provided for in the report on the examination of the report.
If an interrogator cannot be expected to understand the importance of the interrogation as a result of a mental health disorder, shock or similar cause, the provisions of Article 3 shall apply mutatis mutandis. If necessary, the questioning should be negotiated with the close and the doctor.
Interrogation must be treated calmly and objectively. In order to obtain a declaration or a statement which leads to a specific direction, the hearing shall not be made knowingly using false declarations, promises or contests of special interests, exhaustion, threats, coercion, or any other avenue of inquiry, Inappropriate means or practices affecting the will, memory or judgment.
Interrogation shall be transmitted between 22 and 7 p.m. only if:
(1) interrogate it;
(2) the case shall be examined in a restricted preliminary investigation, to which the examiner is required, under Article 3 (3) of Chapter 6, to stay or appear immediately; or
(3) the interrogation cannot be postponed without jeopardising the investigation of the offence.
The hearing must be given an opportunity for regular meals and adequate rest.
The plaintiff, as well as his legal representative and agent, shall remain informed in the course of the investigation and shall reply to the questions raised.
As a witness in the preliminary investigation, you must not question the person who should not be allowed to testify in the trial of the investigating crime.
The examination of a person as referred to in Section 27 or Article 30 of Chapter 17 of the Court of Justice shall be the subject of an investigation by the head of investigation.
L to 736/2015 Article 7 shall enter into force on 1 January 2016. The previous wording reads:
As a witness in the preliminary investigation, you must not question the person who should not be allowed to testify in the trial of the investigating crime.
The examination of the person referred to in Article 21 of Chapter 17 of the Court of Justice, as a witness or evidence for the purposes of evidence, shall determine the head of the investigation.
The witness is truthful and unencrypting what he knows about the subject. If, however, he had a criminal trial to investigate Chapter 17 of the Court of Justice In accordance with Articles 10 to 14, Articles 16 to 21 or 22 (1) and (2), or obliged to refuse to testify, he is also entitled or obliged to do so in the preliminary investigation.
Notwithstanding the provisions of paragraph 1, the witness shall, however, be obliged to testify if:
(1) Article 11 of Chapter 17 of the Court of Justice (2) or (3), Article 12 (1) or (2), Article 13 (1) or (3), Article 14 (1) or the person referred to in Article 16 (1) to whom the obligation of professional secrecy has been laid down consents to the certification;
(2) it is a criminal offence punishable by a sentence of at least six years' imprisonment, or the undertaking or complicity of such a crime, and the court or tribunal may, in the course of proceedings to investigate the offence, prove that: Article 12 of Chapter 17 of the Court of Justice (3), Article 13 (2) or (3), Article 14 (2) or Article 20 (2);
(3) the offence of which Article 9 of Chapter 17 of the Court of Justice 3. The court would not have the right or the obligation to refuse to testify, and the witness is not a person within the meaning of Article 20 (1) of that Chapter.
The witness is also obliged to present a document which is relevant to the preliminary investigation, or any other evidence in his possession, if it could be seized or seized in accordance with Article 7 (1) of Chapter 7 of the Rules of Procedure. § the barrier provided for in § 2.
A witness who is suspected. Article 17 of Chapter 17 of the Court of Justice (1) shall not apply to the provisions of paragraphs 2 and 3 of this Article.
L to 736/2015 Article 8 will enter into force on 1 January 2016. The previous wording reads:
The witness is truthful and unencrypting what he knows about the subject. However, if he were entitled or obliged to refuse to testify in the criminal proceedings to investigate, express an issue or answer the question, he or she is entitled or obliged to do so in the preliminary investigation.
A witness who has a duty of expression as referred to in paragraph 1 shall also be obliged to present a document which is relevant to the preliminary investigation or any other evidence in his possession.
The person referred to in Article 23 (1) of Chapter 17 of the Court of Justice under Article 23 (1), under Article 23 (3) of the Law of the Court of Justice, shall be entitled to provide evidence of this in the preliminary investigation if the investigation is a criminal offence Shall be punishable by a term of imprisonment of at least six years, or the undertaking or complicity of such an offence.
The person referred to in Article 24 (2) of Chapter 17 of the Court of Justice under Article 24 (2), who may be required to answer the question referred to in Article 2 (2) or (3), is obliged to answer such a question and Present a document or other evidence in its possession for the purposes of the preliminary investigation, if the investigation is a criminal offence within the meaning of paragraph 3 of this Article.
If the witness is apparently aware of the importance of tracing and removing the proceeds of the crime, and refuses to express it, even though he may be required to express himself, the question is: The grounds for refusal shall be examined at the request of the head of investigation before the Court. The witness shall be brought before a court if there is no legal basis for such refusal. (12/06/2015)
L to 736/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
If the witness is apparently aware of the importance of tracing and removing the proceeds of the crime, and refuses to disclose it, even though he may be required to express his or her duties, In accordance with Article 3 (3), the question of the grounds for refusal is examined at the request of the head of the investigation. The witness shall be brought before a court if there is no legal basis for such refusal.
Paragraph 1 shall also apply to a witness who refuses to present a document or any other evidence.
The witness can be interrogated in the district court where it is convenient. The examination of the witness shall apply mutatis mutandis, as provided for in the Rules of Procedure, which provides for the receipt of evidence outside the main proceedings. The right of the suspect and his/her assistant or agent to be present during the examination of the witness shall be valid, as provided for in Articles 13 and 18. The right of access shall be decided by the court after consultation of the investigator.
The witness is entitled to compensation for the financial loss and the cost of travel and subsistence according to the criteria laid down in the Law on the cost of proof of State resources (666/1972) . However, there is no right to compensation if the court considers that the refusal of the witness has been manifestly unfounded.
The interrogator shall, before the hearing, state his position in the preliminary investigation, his right to request an interrogation witness and his/her linguistic rights. (17/10/2015)
Before questioning the suspect, the suspect must identify the act on which he is suspected. In addition, the suspect shall be informed of his rights as provided for in Article 16 of Chapter 4, unless notification has already been made. Before the hearing, the suspect must be informed of the right to remain silent and not to contribute to the investigation of his crimes, even if the announcement of this right has already been made. Prior to the hearing, the suspect shall also be informed of the right to exercise his/her choice of counsel and when he may be appointed a defence, even if the notification of those rights has already been made in the past, unless the notification is manifestly unfounded. Unnecessary. (17/10/2015)
Prior to the hearing, the lawyer, his legal representative and the agent and the witness shall be informed of the penalty payment provided for in the declaration of truth and the false declaration of truth. Prior to the hearing, the party concerned shall be informed of when, in accordance with Chapter 2 of the law on criminal proceedings, a legal adviser or a sponsor may be ordered.
The witness shall inquire as to facts which, under the law, justify or oblige him to refuse to testify. In the event of an occurrence, the witness shall be informed of the provisions of Articles 8 and 9.
At the request of the interrogator, be present in the hearing and be present in the hearing, as well as the legal act and the lawfulness of the witness (734/2015) An unimpeded witness. The investigator may also, on his own initiative, invite a witness. If the inquiry cannot be held without prejudice to the investigation, it may be carried out without a witness at the request of the hearing. However, persons under the age of 18 years suspected of a criminal offence shall not be questioned without a witness unless the hearing is attended by his/her assistant or legal representative or by a representative of the social authority. (12/06/2015)
L to 736/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:
At the request of the interrogator, the presence of a reliable and Article 43 of Chapter 17 of the Court of Justice An unimpeded witness. The investigator may also, on his own initiative, invite a witness. If the inquiry cannot be held without prejudice to the investigation, it may be carried out without a witness at the request of the hearing. However, persons under the age of 18 years suspected of a criminal offence shall not be questioned without a witness unless the hearing is attended by his/her assistant or legal representative or by a representative of the social authority.
The use of an interrogation witness may be replaced by the recording of an interview with a sound and visual record, provided that it can be sufficiently reliable to demonstrate the manner in which the interview is conducted and the events during the hearing.
Subject to examination by the Director-General of the investigation, the party's assistant and the supporting person assigned to the lawyer shall have the right to be present during the examination of his client, unless the investigating officer denies it for criminal investigative reasons. The examiner may, upon request, allow the presence of any other party or witness in the examination of the presence of the witness, if it does not obstruct the investigation of the offence or jeopardise the obligation of professional secrecy.
The examiner may allow the party concerned and his/her counsel or agent, as well as the injured party, to take part in the questioning of the other party or witness, unless it is liable to harm the investigation of the offence. In addition, consideration must be given to the consideration of sensitivity considerations and the fact that the presence of the suspect must not be caused by suffering or other similar harm to the plaintiff.
The prosecutor has the right to participate in the hearing.
If an interrogator is less than 15 years old, his guardian, guardian or other legal representative shall have the right to be present during the hearing.
If, in the case of a person aged 15 and over 15 years of age, the legal representative has been questioned, the legal representative shall have the right to be present in the hearing if, in the course of proceedings relating to the offence to be investigated, In Chapter 12 of the Court of Justice In accordance with Article 1 or 2, the power to speak shall be exercised instead of under-power or in addition.
The examiner may prohibit the presence of a legal representative in the examination of the presence of a legal representative if he is suspected of a crime under investigation, or if the presence can otherwise be expected to make it difficult to solve the crime.
The hearing shall be notified in advance to the legitimate representatives of the disabled persons referred to in Article 14 (1) and (2), and at least one of them shall be allowed to attend the hearing.
Exceptions to the obligation to notify and to reserve the opportunity to be present may be waived only if the legal representative is not able to reach or if the notification and the booking of an event are not possible for criminal investigation reasons and if the suspect is To investigate the offence or the criminal act without delay.
In the case referred to in paragraph 2, the hearing and the content of the interview report shall, as soon as possible, be notified to the legal representative of the interrogatory.
When a person under the age of 18 is suspected of having committed a crime or a criminal offence, the social authority shall be informed of the work and an opportunity to send his representative to the hearing, unless clearly unnecessary.
The investigating authority shall forward the interrogation protocol without delay to the social authority.
The examiner and his/her assistant or agents may, with the permission of the examiner, ask questions to investigate the matter. The investigator may decide that questions must be asked by his mediation. The prosecutor may also ask questions. The party concerned, his assistant and agent also have the right to ask the examiner to ask questions about the matter in question in order to clarify the matter.
The investigator may be removed from the interview with a person who is disturbed by the interrogation or whose presence makes it difficult to find out.
An interested party and his assistant or agent who, in spite of his request, has not been allowed to be present in the hearing or has been removed from it, shall have the opportunity to know what has become of the hearing and to ask questions so soon. As it may not harm the investigation of the offence.
The preliminary interviews to be carried out in order to clarify the offence must comply with the provisions of Article 5 (1) on the treatment of the person in question and Article 8, on the obligation to express the witness and the refusal of the witness.
Group identification Means an opportunity to identify the suspect, in which reference persons are added to the suspect.
The group identification may be used where it can be expected to be relevant to the investigation of the offence.
The plaintiff and the witness may be required to take part in the group identification.
The identification of the group identification shall be decided by the investigator.
The group identification shall be organised in such a way that the result is as reliable as possible. The reference persons shall not use persons whose appearance differs from the suspect's reliability in a manner that reduces the reliability of the identification of the suspect. The group identification number shall include at least five reference persons.
The examiner may allow the person concerned, his/her assistant or agent and the injured party to be present in the group identification, unless it is detrimental to the identification. The prosecution shall be given an opportunity to be present in the group identification.
A protocol shall be drawn up for the identification of the group, which shall be included in the video recording or other image storage medium.
A bystander may be required to take part as a reference person as a reference person only if it is important, taking into account the nature of the offence, to clarify the case. However, a reference person may refuse to take part in the recognition if the participation would cause him a disproportionate disadvantage.
The bystander of the group shall be entitled to a reasonable remuneration. The amount of compensation is set by a decree of the Ministry of the Interior.
Paragraphs 1 to 4 of the group identification code shall apply mutatis mutandis to the identification of photographs or other images or other visual observations, in addition to visual observations or visual observations.
Unless expressly provided for in the law, the measures to be taken shall be the subject of a protocol or an indication of the other document.
An interrogation protocol shall be drawn up in Finnish or Swedish. If the interrogator has used any other language, the minutes shall be drawn up in the language of the proceedings referred to in Section 12 (1) of Chapter 4.
The interrogation protocol shall indicate the extent to which a statement or report has been issued through an agent, by telephone or by another means of communication. If the interrogator has been in a state within the meaning of Section 7 (3) or (4) of Chapter 7, the interrogation protocol shall be marked on the status of the interrogated and the reasons why the interrogation has not been delayed.
As soon as the hearing is completed, the interrogation protocol shall be submitted for examination. Verification may be submitted to the interrogation of the data of the interrogation report and the interrogation protocol, if appropriate, taking into account the nature and extent of the case. The question shall be asked whether his report has been correctly recorded. The relevant additions and corrections required by the interrogation shall be recorded in the interrogation protocol.
The interrogation shall not be amended after the examination has been carried out and the corrections and additions requested have been made.
The hearing may be taken in whole or in part in audio and image storage. The hearing shall be recorded in whole or in part where, taking into account the nature of the case or the person in question, the question of the conduct of the hearing, the events during the hearing or the report For the purposes of verification. Before starting, the recording shall be notified to the interrogators.
The hearing of the party owner and the witness shall be recorded in audio and visual records if the interrogation report is to be used as evidence in the trial and not in the interrogation of the young age or mental activity of this young person Is likely to be heard in person without prejudice to the questioning. The hearing shall take into account the specific requirements of the interrogation method for interrogation methods, the number of persons involved in the hearing and other interrogation conditions. Before starting, the recording shall be notified to the interrogators.
The head of the investigation may decide that a non-pre-trial authority may, under the supervision of the interrogator, ask questions for questioning. The suspect must be given the opportunity to ask questions on all matters relevant to the inquiry. If the suspect so requests, his question may also be raised by an agent or an assistant. However, the interrogator may order questions to be asked through the interrogator.
The prosecution must be given an opportunity to attend the hearing. He has the right to ask questions by himself or through the interrogator.
The foregoing paragraph of this Article shall also apply to the examination and storage of:
(1) a lawyer of 15 to 17 years of age who is in particular need of protection, taking into account in particular his personal circumstances and the nature of the offence;
(2) Chapter 20 of the criminal code A sex offence referred to in Articles 1, 2, 4, 5, 6 or 7 to a lawyer of 15 to 17 years of age who does not wish to appear before the trial;
(3) Chapter 20 of the criminal code 1, 2, 4, 5, 6 or 7 of a sexual offence referred to in § 6 or 7, if the hearing in the trial would endanger his or her health or would cause otherwise significant harm.
L to 736/2015 Article 4 enters into force on 1 January 2016. The previous wording reads:
The hearing of the party owner and the witness shall be recorded in audio and visual records if the interrogation report is to be used as evidence in the trial and not in the interrogation of the young age or mental activity of this young person Is likely to be heard in person without prejudice to the questioning. The hearing shall take into account the specific requirements of the interrogation method for interrogation methods, the number of persons involved in the hearing and other interrogation conditions. Before starting, the recording shall be notified to the interrogators.
The head of the investigation may decide that a non-pre-trial authority may, under the supervision of the interrogator, ask questions for questioning. A suspect must be allowed to ask questions about the offence. If the suspect so requests, his question may also be raised by an agent or an assistant. However, the interrogator may order questions to be asked through the interrogator.
The prosecution must be given an opportunity to attend the hearing. He has the right to ask questions by himself or through the interrogator.
If the hearing is recorded as referred to in Article 3 or 4, the hearing shall be reserved at the end of the interview to listen and watch and make the necessary corrections and additions to its report, unless this is: In view of the young age of the interrogation or of the disturbed mind of his or her mental activities, clearly meaningless. Verification of the interrogation report shall be carried out by means of the verification of the interrogation protocol referred to in Article 2 (1).
At the end of the examination procedure, a protocol to the proceedings under Article 12 (1) of Chapter 4 shall be drawn up in the language of the proceedings ( Pre-trial detention protocol ), if necessary for further consideration of the case.
The report shall be accompanied by the minutes of the interrogation and the reports of the investigative measures taken and the cases to be resolved in the course of the investigation, together with the documents, records and records gathered in the investigation. Photographs, if they can be expected to be relevant in the matter and if the law does not provide otherwise. The introduction of additional information in the investigation of the offence shall be recorded in the report. (30/04/2013)
The text of the protocol includes the language of the persons referred to in the preliminary investigation. Where the party concerned has been consulted or interrogated with the assistance of an interpreter, the essential document referred to in Article 13 (1) of Chapter 4, or any part of the document or summary of the document has been translated orally or by the party concerned, On the right to a translation of the document, it shall be recorded in the summary report or other document. (08.11.2011)
Unless otherwise provided for in the law, the material collected in the investigation, which has not been included in the book report, shall be recorded in the minutes.
A copy of the preliminary investigation report shall be sent to the defence counsel and the lawyer assigned to the lawyer under Section 1 of Chapter 2 of the Act on the Criminal Procedure in Criminal Matters under Section 1 of Chapter 2 of that Chapter.
The public disclosure of documents is governed by the law on public access to the public authorities. As regards the public access, Article 15 of Chapter 4 of this Act shall apply. (17/10/2015)
In the case of sound and visual records, the information may be provided only by handing over the record to the pre-trial authority if, taking into account the content of the recording, it is reasonable to assume that any other means of disclosure could lead to the presence of a person performing the recording To violate privacy.
Before closing the pre-trial investigation, the parties shall be given an opportunity to issue a final opinion to the preliminary investigation authority on the adequacy of the pre-trial files, the assessment of evidence, the legal questions or other matters relevant to the case, Unless the request for an opinion is of the nature and extent of the matter, the minor nature of the offence or other similar circumstances, it is manifestly unnecessary for the prosecution and for judicial proceedings.
If necessary, the request for an opinion shall be identified. A period of time shall be provided for the submission of the final opinion so that the author of the opinion is sufficiently well informed and that the proceedings are not unduly delayed. Upon receipt of the final opinion, the investigating authority shall consider whether the opinion gives rise to a supplementary investigation.
The Executive Director shall decide on the request for a final opinion and any measures it may require. Where appropriate, the prosecutor shall be consulted on the necessity and content of the request for a final opinion.
Upon completion of the test, the case shall be submitted to the prosecutor for consideration or for the issuing of a penalty or an offence order. In the case of a military trial, the preliminary investigation report of the investigation of the offence being investigated must be forwarded without delay to the military authority.
However, the case may not be referred to the prosecution if the investigation has revealed that no criminal offence has been committed or that there can be no case against any criminal offence or any other criminal-based public law Requirement.
Article 3 (9), (10) and (10) (a) of Chapter 3 of Chapter 3 provides for the cessation of the investigation and the limitation of the investigation by the investigating authority and the prosecutor. (22.08.2014/672)
As a police officer and as a head of investigation, the prosecutor may make an oral or written comment on the offence if the investigation is closed pursuant to Article 9 of Chapter 3.
If it appears in the preliminary investigation that the person who has been informed of his/her status as a suspected person is no longer to be suspected of the offence, but that the preliminary investigation as a whole cannot be terminated as provided for in Article 2, the preliminary investigation shall be without undue delay. The delay shall be terminated for his part.
In accordance with Article 9 (1), Article 9 (1), or Articles 10 or 10a of Chapter 3, and the termination of the refusal of the aid shall not be subject to a written decision by the prosecutor. The same shall apply to any other similar pre-trial decision which may affect the rights, interests or obligations of the party concerned. (22.08.2014/672)
The decision referred to in paragraph 1 shall be reflected in:
(1) the issuing authority and the date of adoption of the decision;
(2) the parties;
3);
4) the reasons for the decision and the provisions applied;
5. The content of the decision; and
(6) the contact details of the investigating officer providing further information.
The decision shall be issued to the party in the preliminary investigation or sent by post to the address known to him or to the address known to the investigating authority. The decision may be withheld or not sent if it would be detrimental to the investigation of the offence in question or of another related offence. The notification shall be given or sent without undue delay after the inconvenience of the settlement can no longer arise.
The decision of the investigating authority is otherwise in force, which is expressly provided for by the law.
There is no investigating officer in the supremely preliminary investigation. The examination report shall contain only the main content of the statement of questioning, which may be entered in the other document instead of the interrogation protocol.
A brief preliminary investigation may be carried out without complying with the provisions of Section 1 of Chapter 5 and Articles 11 and 14 to 16 of Chapter 7. (17/10/2015)
In the case of a lawyer, a lawyer, a public defender or a lawyer who received permission must be assisted in the preliminary investigation. (19/2011) The authorised legal aid for the authorisation.
In an individual case, no action shall be taken by:
(1) has acted as an advisor to the suspect in a criminal investigation into or directly related to the offence;
(2) acts in the case of a suspected or immediate criminal offence committed by another person suspected of having committed a criminal offence, if the assisting party of the party concerned is likely to make a significant contribution to the investigation;
(3) acts or has acted in the case of a crime to be examined or directly related to it, as a search party within the meaning of Article 7 of Chapter 8 of Chapter 8 of the Code of Forced Aspects or as a public agent within the meaning of Article 44 of Chapter 10 of that law;
(4) pursue the performance of legal orders together with a person who, as referred to in paragraphs 1 to 3, should not be assisted by a party;
(5) is suspected or as a witness in the case of a criminal investigation or related offence;
(6) as a civil servant or otherwise public authority, has taken part in any of the offences under investigation or directly related to it, or in the case of such a crime; or
(7) Since it has become an assistant in that case, in breach of the law or of a good practice, it is assumed that, as an assistant, it is likely to make a significant contribution to the investigation of the case.
The qualification of the assistant shall be determined by the investigator. If a person has been denied the right to act as an assistant in the investigation, the party concerned shall be given an opportunity to acquire an eligible assistant. However, there is no need to delay the investigation unless there is a specific reason for it.
At the request of the court concerned, the court shall decide whether the decision taken by the Director of the investigation pursuant to paragraph 2 shall be complied with. The matter shall be settled by the court having jurisdiction in the main proceedings. The court has to deal with the matter as a matter of urgency. The decision of the court shall not be appealed against. The applicant shall be allowed to lodge a complaint with the Court of Justice, as provided for in the Law on Forced Abuse.
For the purpose of the presentation, an expert report may be obtained on the question of the matter to be clarified.
The expert shall not act on the basis of the fact that his objectivity is compromised.
If the person present in the preliminary investigation is expressed in circumstances other than those relating to him or his client, which are not already in his file, the head of the investigation may prohibit him from expressing them at the During. During the trial period, the prohibition of detection shall be decided by the prosecutor. Such a ban may be issued to the representative of the party and to the assistant, even when he has not been present.
The prohibition shall be conditional on the fact that the facts referred to in paragraph 1 during the preliminary investigation period may make it more difficult to settle the offence, or cause harm or harm to the party or other person concerned. The prohibition may be imposed after the end of the preliminary investigation, until the case has been raised at a court hearing, or when the prosecutor has decided not to prosecute, or if the case has been dismissed, if the circumstances of the case may: Complicates the investigation of the other criminal investigation.
The prohibition shall be issued for a maximum of three months at a time. The prohibition shall be provided in writing, in writing, for information. The prohibition shall specify the facts which are the subject of the prohibition, mention the period of validity of the prohibition and declare the penalty for infringement of the prohibition.
The prohibition shall be lifted without delay before the expiry of the period if the condition referred to in paragraph 2 is no longer required. The beneficiary of the prohibition shall be informed of the lifting of the ban.
Penalty for violation of the ban on expression Chapter 38 of the Criminal Code Under Article 1 or 2, unless the law provides for a heavier penalty elsewhere in the law.
The prohibition of expression referred to in Article 5 shall be without prejudice to the obligation of professional secrecy arising from Article 23 (2) of the Law on Public Access. The applicant authority shall explain the relationship between the prohibition of the prohibition and the obligation of professional secrecy based on that provision and the content of the obligation of professional secrecy otherwise, unless it is manifestly unnecessary.
If the preliminary examination is of social importance, the public interest in it, the investigation of the offence, the pursuit of a criminal offence, the prevention of a new offence or damage to the offence, or any other In order to provide information, information must be made so that no person is unduly suspected and that no harm or harm is caused to anyone unnecessarily.
The name or picture of a person shall only be made public if it is necessary for the purpose of the detection of the offence, for the purpose of pursuing a criminal offence, in order to prevent a new offence or to prevent any damage to the crime.
In addition, the pre-examination principles laid down in Chapter 4 shall be taken into account in the information procedure. The obligation to keep the facts uncovered in the preliminary investigation shall be laid down separately.
The right to disclose information about the preliminary investigation to the public is to be found by the head of the investigation and his superiors and by the other official. The right to information shall also be provided by the prosecutor after the end of the investigation.
Article 4 (2) and (3) of Chapter 4 of the Police Act and Article 14 of Chapter 2 of the Act on combating crime are governed by Articles 2 and 3 of Chapter 4 of the Police Act and Article 14 of the Criminal Code.
In addition to what is provided for above, the investigating authority shall inform the relevant owner:
(1) where possible, on the measures to be taken in connection with the declaration of the offence or the offence which has been brought to the attention of the pre-trial authority;
(2) the importance of the claimant's request for a penalty of a criminal offence and its withdrawal if the requirement is a condition for the supply or continuation of the investigation;
(3) without delay, in the case referred to in Article 4 (3) of Chapter 3, the submission of a case of a lawyer's crime.
If the plaintiff has suffered damage as a result of a criminal offence, which appears to have the right to compensation for criminal offences, (19204/2005) , the investigating authority shall, in addition, inform the complainant of the right to compensation and, if necessary, instruct him to apply for compensation.
The decree of the Council of State may provide for more detail:
(1) the method of recording the offence;
(2) the organisation of group identification;
3) the content, structure and appendices of the minutes of the interrogation and the preliminary investigation.
This Act shall enter into force on 1 January 2014.
This law repeals the preliminary investigation (449/1987) .
Upon the entry into force of this Act, the pending preliminary investigation shall be governed by the provisions in force at the time of entry into force of the law.
In addition to the provisions of paragraph 1, in accordance with the provisions in force at the time of entry into force of this Act, the person involved in the investigation shall be eligible to act as a party's assistant for a period of one year in the course of the investigation The entry into force. In addition, in accordance with the provisions in force at the time of entry into force of this Act, a party assisting the party to act as a party in the pre-trial period for the authorisation of the authorised procedural assistants three months before the date on which the The expiry of the period referred to in Article 30 (3) of that Law and whose application has not been legally settled within one year from the date of entry into force of that law, is eligible for the assistance of the party concerned in the preliminary investigation until such time as The application has been legally resolved.
THEY 222/2010 , LaVM 44/2010 EV 374/2010This 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 January 2014.
THEY 14/2013 , LaVM 17/2013, EV 203/2013
This Act shall enter into force on 1 January 2015.
THEY 58/2013 , LaVM 5/2014, EV 68/2014
This Act shall enter into force on 1 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 2015.
THEY 103/2014 , LaVM 15/2014, EV 189/2014
This Act shall enter into force on 1 June 2015.
THEY 174/2014 , HVM 53/2014, EV 339/2014
This Act shall enter into force on 1 January 2016.
THEY 46/2014 , LaVM 19/2014, EV 274/2014, * Directive (EU) No 29/2012 of the European Parliament and of the Council (32012L0029); OJ L 315, 14.11.2012 p. 57
