New criminal provisions on trafficking in human beings and aggravated trafficking in human beings will be incorporated into the Penal Code of Finland. There will also be other new provisions on the aggravated forms of pandering, distribution of child pornography and arrangement of illegal immigration. In addition, the marketing of sexual services will become a criminal offence.

The President of the Republic will sign the new provisions into law on 9 July, to enter into force on 1 August 2004.

New aggravated form of arrangement of illegal immigration

There will be a new criminal provision on aggravated arrangement of illegal immigration. An offender may be convicted of this aggravated offence e.g. if it has been committed in the context of the operations of organised crime. The penalty scale for aggravated arrangement of illegal immigration runs from imprisonment for four months to imprisonment for six years.

The provisions on arrangement of illegal immigration will be amended so that they are applicable to such activity also when its sole intent is transit through Finland to some other country.

New aggravated form of distribution of child pornography

An operative age limit of 18 years will be adopted in the provisions concerning child pornography. Hence, it is punishable to distribute obscene pictures of a child under 18 years of age. A person will be considered a child also if his or her age cannot be determined, but there is justifiable reason to believe that he or she is under 18. At present, the legislation does not contain any definite age limit relating to the persons pictured in child pornography.

There will be a new criminal provision on aggravated distribution of obscene pictures of a child. An offender may be convicted of this aggravated offence e.g. if the child is notably young. The penalty scale runs from imprisonment for four months to imprisonment for six years.

The maximum penalty for possession of child pornography will be raised to one year of imprisonment (from six months).

Criminalisation of the marketing of sexual services

The marketing of prostitution and other comparable sexual services e.g. by the provision of contact details will be criminalised as pandering. Accordingly, the publication of advertisements essentially conducive to the sale of sexual services e.g. in newspapers, magazines or the Internet will become a punishable act. Criminal liability will lie with the person in charge of the delivery of the publication or message to the public, that is, the editor-in-chief of the paper, magazine or Internet publication.

Also the provision of accommodation to a prostitute may be considered pandering, if essentially conducive to prostitution and an established part of the business of the provider. The amendment is intended as a more effective tool against pandering in hotels and other accommodation.

The maximum penalty for the purchase of sexual services from a person under 18 years of age will be raised to one year of imprisonment (from six months).

There will be a new criminal provision on aggravated pandering. An offender may be convicted of this aggravated offence e.g. if the prostitute is under 18 years of age. The penalty scale runs from imprisonment for four months to imprisonment for six years.

New provisions on trafficking in human beings

Provisions on trafficking in human beings will also be incorporated into the Penal Code. A person who e.g. by deception or the abuse of another’s dependent position delivers or transports him or her for purposes of sexual exploitation, forced labour or the removal of body organs for commercial gain shall be convicted of trafficking in human beings. The penalty scale runs from imprisonment for four months to imprisonment for six years.

An offender may be convicted of aggravated trafficking in human beings e.g. if violence or threats are employed in the trafficking in human beings. The penalty scale runs from imprisonment for two years to imprisonment for ten years.

Telecommunications interception possible in the investigation of aggravated offences
To facilitate the investigation of serious cases of pandering or trafficking in human beings, telecommunications interception will be possible in the investigation of trafficking in human beings, aggravated trafficking in human beings and aggravated pandering. Interception will be permitted also when someone is suspected of aggravated distribution of obscene pictures of a child.

Telecommunications interception means the undisclosed listening to or recording of messages originating from or terminating at a telecommunications connection, so as to find out about the contents of the message. This measure is available only upon permission by a court of law.

The purchase of sexual services will not be criminalised at this juncture. A separate Government Bill to the Parliament on this matter is envisaged for 2005.

Further information:
Mr Jukka Lindstedt, Counsellor of Legislation, tel: +358 9 16067725,
email: firstname.surname@om.fi