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In accordance with the decision of the Parliament:
This Act provides for Finland and the other Member States of the European Union (hereinafter referred to as ' the Member State , in order to prevent and resolve conflicts of jurisdiction in criminal proceedings.
The law also provides for the transfer of preliminary investigations and prosecutions between Finland and the other Member States.
In addition to the provisions laid down in this Act, which are laid down separately or subject to binding international obligations in Finland.
Coastal procedures Means criminal proceedings pending before or during a trial in two or more Member States of the same suspected or accused person, which are either partly or wholly based on the same Facts.
In Finland, the tasks regulated in this chapter are competent to carry out the prosecution or investigation director assigned to the relevant criminal case. The prosecution shall inform the competent authority of the investigation of its receipt or request. The head of the investigation shall make a corresponding notification to the competent prosecutor.
The Public Prosecutor's Office and the Central Criminal Police shall be competent to carry out the functions governed by this Chapter if the relevant criminal case has not been assigned to the prosecutor or has no lead investigator. The Public Prosecutor's Office shall inform the Central Criminal Police of his request for contact. The Central Criminal Police must make a similar declaration to the Public Prosecutor's Office.
The Office of the Public Prosecutor's Office and the Central Criminal Police shall be responsible for assisting the competent authority in this Chapter. In addition, the Office of the Public Prosecutor's Office and the Central Criminal Court shall be responsible for assisting the competent authorities of another Member State in order to find the authority referred to in paragraph 1.
Where the competent authority has reasonable grounds to believe that a parallel proceeding is pending in another Member State, it shall contact the competent authority of the Member State concerned in order to establish parallel procedures and 8 -the opening of negotiations. The negotiations may be initiated without a contact procedure if the competent authority has already been informed of a parallel procedure in any other way.
The request for contact shall include:
(1) contact details of the competent authority;
(2) a description of the facts and circumstances of the criminal proceedings subject to the request;
(3) the name and other identification of the suspected or accused person and of any interested party;
(4) the procedural step in criminal proceedings;
(5) whether the suspected or accused person has been arrested or detained;
6) any other relevant information.
The competent authority shall respond to the request made by the competent authority of another Member State.
If the request for contact has been submitted to a non-competent authority, it shall submit the request to the competent authority without delay and shall inform the competent authority of the request to transfer the request to the seconding Member State The competent authority.
The response to the request for contact shall include information on the existence of parallel proceedings in Finland. Where parallel proceedings are pending, the reply shall include the contact details of the competent authority and the information on the procedural stage of the criminal proceedings or the fact that the case has been legally resolved. Other relevant information may be included in the reply.
In accordance with Article 5, the competent authority shall reply to a request made by the competent authority of another Member State within the time limit specified by that authority. If the competent authority is not in a position to respond to a request for contact within the time limit, it shall immediately inform the competent authority of the other Member State of the reasons for it and the time limit within which the request is to be met.
If the competent authority of another Member State has failed to notify the deadline for reply, the request for contact shall be answered without delay.
If the suspected or accused person is being held in custody, the request for contact must be answered as a matter of urgency.
In the situations referred to in Articles 4 and 5, the competent authority shall use the written or electronic message or any other form of written proof.
Where parallel procedures are pending in another Member State, the competent authority shall enter into consultations with the competent authority of the Member State concerned in order to transfer preliminary investigations or prosecutions from that Member State In Finland or vice versa, or in any other appropriate manner, to organise criminal proceedings. The conditions for transfer are laid down in Chapters 3 and 4.
During the negotiations, the competent authority shall inform the competent authority of another Member State of any significant measures taken under the criminal proceedings pending.
In addition, during the negotiations, the competent authority shall provide the competent authority of the other Member State with the information requested by it, if it does not jeopardise national security or the safety of persons.
Where, in the negotiations referred to in Article 8, the competent authorities have not reached agreement on the transfer of criminal proceedings, the competent authority shall, where appropriate, refer the matter to Eurojust. It is required that the unit is competent to deal with the offence concerned.
If agreement has been reached in accordance with Article 8 on the transfer of criminal proceedings to Finland, the competent authority shall inform the competent authorities of the other Member States concerned of the outcome of the procedure. Authorities.
A preliminary investigation or prosecution of a suspected or accused person in another Member State may be transferred to Finland if the criminal (39/1889) The application of Finnish criminal law and the transfer of a preliminary investigation or prosecution may be considered appropriate, taking into account the accession to the various Member States, the evidence presented in the case, the Costs and other circumstances. The transfer shall also be subject to agreement reached during the conciliation procedure referred to in Chapter 2.
The decision to transfer the decision to Finland to Finland shall conclude the investigation after obtaining the agreement of the prosecutor. If the investigation of a crime in Finland requires Article 12 of Chapter 1 of the Criminal Code ), the prosecutor decides on the transfer of the preliminary investigation.
The decision to transfer proceedings to Finland will be made by the prosecutor.
Where a pre-trial or prosecution has been transferred in accordance with the provisions of this Chapter to Finland, the procedure for which preliminary investigations (449/1987) And elsewhere in law.
A preliminary investigation or prosecution of a suspected or accused person may be transferred from Finland to another Member State, if the transfer can be considered appropriate, taking into account the accession to the various Member States, Evidence, trial costs and other circumstances. The transfer shall also be subject to agreement reached during the conciliation procedure referred to in Chapter 2.
The transfer of the offence notification is provided for separately.
The decision to transfer the decision to another Member State shall be made by the prosecutor on a proposal by the Director. The prosecution shall be decided by the prosecutor.
In the contacts referred to in Articles 4 and 5, the language approved by the Member State concerned shall be used in another Member State. Contact points shall be accepted by the competent authority of Finland if it is made in Finnish, Swedish or English. The competent authority may also accept contacts in another language if there is otherwise no obstacle to its use.
In the circumstances referred to in Article 8, the competent authority shall use the language agreed with the competent authority of the other Member State concerned.
The party to the criminal case shall have the right to be informed of the decision to transfer the preliminary investigation or prosecution in a language which he understands. Where appropriate, the issuing authority shall ensure that the decision on the transfer of the preliminary investigation or prosecution is translated into the language understood by the party concerned.
In the case of the transfer of a preliminary investigation or prosecution from Finland to another Member State, the party to the criminal proceedings shall be given an opportunity to be heard before a decision is taken on the transfer of a preliminary investigation or prosecution. Such consultation may be waived if it causes significant delay, taking into account the quality of the case, and the consultation would not be likely to play a decisive role in considering the conditions for the transfer of the preliminary investigation or prosecution. A hearing on a suspected criminal offence may also be waived if the hearing would seriously jeopardise the investigation of the offence concerned.
In the case of the transfer of a preliminary investigation or prosecution from another Member State to Finland, the party to the criminal case shall be given an opportunity to be heard before a decision is taken on the transfer of a preliminary investigation or prosecution if there is a specific reason.
The party to the criminal case shall have the right to use the assistant under the procedure laid down in Chain 3 and 4.
In the context of the procedure provided for in Chairs 3 and 4, the law on the application of the law on criminal proceedings (689/1997) .
The decision on the transfer of the application or prosecution shall be justified and accompanied by instructions for the appeal. The decision shall also specify the right of the District Court, under Chapter 4 of the Law on the Law on Criminal Procedure, to which the appeal referred to in Article 19 (1) of this Law must be lodged in that case.
The decision shall be communicated to the party concerned by mail to the party in question or to the address otherwise known, unless otherwise served. The party shall be deemed to have been informed on the seventh day following the date on which it was delivered. The decision shall be marked on the date on which it was delivered.
The party to which the investigation or prosecution has been decided to transfer from another Member State to Finland or from Finland to another Member State may be referred to the District Court. The appeal shall be made within fourteen days of the notification of the decision and, at the latest, before the case has been filed in the Member State to which the case has been transferred. The district court shall immediately take the matter before the Court.
There is a quorum when there is a chairman alone. The matter shall be dealt with at the hearing if the District Court, in order to clarify the case or part thereof, considers it necessary for the proceedings, or if the appellant so requests.
The proceedings shall be governed by the provisions on criminal proceedings in criminal matters.
The decision pursuant to paragraph 1 of the District Court shall not be appealed against.
The appeal referred to in this Article shall not prevent the enforcement of the decision on the transfer of a preliminary investigation or prosecution, unless otherwise specified by the District Court.
This Act shall enter into force on 19 June 2012.
The law shall apply in relation to a Member State which has implemented Council Framework Decision 2009 /948/JHA on the prevention and settlement of conflicts of jurisdiction in criminal proceedings.
THEY 21/2012 , LaVM 5/2012, EV 45/2012, Council Framework Decision 2009 /948/JHA (32009F0948); OJ L 328, 15.12.2009, p. 42-47
