Concepts and definitions
- Accused
A party for whom punishment is sought in a court of justice on the basis of a suspected offence. The accused person can also be called the defendant.
- Case processing time
Case processing time refers to the time elapsed until the case has been decided. The time is counted from the day the case was filed to the day of the decision.
- Charge
Charges must be brought if there is probable cause to suspect that a person is guilty of an offence. After the pre-trial investigation the matter is transferred to the prosecutor who considers whether charges will be brought. The prosecutor evaluates whether an act fulfils the essential elements of an offence and if there is sufficient evidence.
- Consideration of charges
When considering the charges the prosecutor decides, on the basis of the material compiled during the pre-trial investigation, whether prosecution is warranted. The prosecutor must evaluate if an act fulfils the essential elements of an offence and secondly if, on the basis of the material compiled during the pre-trial investigation, there is probable cause to support the suspicion of guilt, in other words the existence of sufficient evidence. If the prosecutor finds sufficient evidence, he/she must decide whether or not to bring charges in the matter in a court of justice. With certain conditions as set out in law the alternatives to pressing charges are issuing of a summary penal judgment or decision to waive prosecution.
- Grounds for non-prosecution
Grounds on which a prosecutor may decide not to prosecute include the following:
- The act is not an offence; the act does not fulfil the essential elements of an offence and the law provides no punishment for it.
- No evidence; there is not sufficient evidence of guilt.
- The right to institute criminal proceedings has fallen under the statute of limitations: charges must be brought within the time period specified in the Penal Code.
- No right to institute criminal proceedings: in certain cases the prosecutor's right to institute criminal proceedings is limited.
- The public prosecutor may decide not to prosecute where a penalty more severe than a fine is not anticipated for the offence and the offence is deemed of little significance in view of its detrimental effects and the degree of culpability of the offender manifest in it - Non-prosecution on grounds of insignificance is provided for in chapter 1, section 7, sub-section 1 of the Criminal Procedure Act.
- The public prosecutor may decide not to prosecute where a person under 18 years of age has committed the offence and a penalty more severe than a fine or imprisonment for at most six months is not anticipated for it. Additionally, the offence must be deemed to be the result of lack of judgment or incaution rather than heedlessness of the prohibitions and commands of the law. - Non-prosecution on grounds of young age is provided for in chapter 1, section 7, sub-section 2 of the Criminal Procedure Act.
- Unless an important public or private interest otherwise requires, the public prosecutor may, in addition to the events referred to in section 7, not prosecute where the trial and punishment are deemed unreasonable or pointless. When evaluating such grounds, a settlement reached by the offender and the injured party, some other action of the offender to prevent or remove the effects of the offence, the personal circumstances of the offender, the other consequences of the offence to the offender, the welfare or health care measures undertaken and the other circumstances must be taken into consideration. - Non-prosecution on grounds of reasonability is provided for in chapter 1, section 8, sub-section 1 of the Criminal Procedure Act.
- The public prosecutor may decide not to prosecute if, under the provisions on joint punishment and the consideration of previous punishments in sentencing, the offence would not have an essential effect on the total punishment. - Non-prosecution on grounds joint punishment is provided for in chapter 1, section 8, sub-section 2 of the Criminal Procedure Act.
- Offence
An offence is an act or a dereliction for which a punishment is decreed by law.
- Prosecutor
A prosecutor is a state official, whose task it is to see to it that the proper statutory sanction is attached to a criminal act. The local prosecuting authorities in Finland are district prosecutors. The state prosecutor acts as the prosecutor in criminal cases that have the most significance to the society. The state prosecutor has jurisdiction over the whole country. The duties of the supreme public prosecutor are exercised by the Prosecutor General, who heads the Office of the Prosecutor General. The Prosecutor General is the supervisor of all prosecutors.
- Summary penal judgment
In summary penal judgment proceedings it is possible to impose a fine and a forfeiture of maximum EUR 1,000 for an offence for which the applicable provisions do not, under the relevant circumstances, set a more severe punishment than a fine or maximum six months imprisonment, or for breaking a legally confirmed prohibition reinforced with a penalty payment. Following this procedure requires the assent of both the injured party and the party to whom the summary penal order has been given. A summary penal order is given by the police, a customs official or a border guard and the summary penal judgment is given by the prosecutor.
- Work account
The work account refers to cases pending during the year. It shows cases transferred from the previous year, cases which have arrived during the year, solved cases, and cases transferred to the following year. Cases transferred from the previous year have been instituted before the statistical year. Cases transferred to the following year have arrived during the statistical year or earlier and have not been decided yet.
Official Statistics of Finland (OSF):
Decisions by the prosecutor [e-publication].
Helsinki: Statistics Finland [referred: 27.5.2012].
Access method: http://www.tilastokeskus.fi/til/syytr/kas_en.html.
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