The proposal is based on the estimate made by the Government in its proposal last year on the necessity to criminalise the buying of sexual services. Due to conclusions made on the basis of the previous proposal, the general criminalisation of the sale of sexual services has no longer been considered in this context.

A person would make himself guilty of the buying of sexual services either by promising or giving compensation to make another have sexual intercourse or related sexual act. Also anyone using sexual services compensated for by another would be sentenced for buying of sexual services. Punishment for the buying of sexual services would be a fine or a maximum imprisonment for six months. Also an attempt to buy sexual services would be punishable.

The new provision on punishment would not be applied if the case involves buying of sexual services from a young person (a person younger than eighteen years of age) subject to a more severe punishment. This punishment may at most be one year of imprisonment. The provision on the buying of sexual services from a young person would be supplemented so that also anyone using sexual services compensated for by another would be sentenced also for this crime.

At present the sale and buying of sexual services in a public place is punishable as a violation of general order subject to a summary fine or fine. The new provision on punishment would relate to the buying of sexual services irrespective of the place. It would apply both to the buying of sexual services in a public or private place and for example by means of a mobile phone or through the Internet. The present ban to buy sexual services in a public place would be removed from the Public Order Act.

The general criminalisation of the buying of sexual services aims at decreasing prostitution and thereby promoting sexual autonomy, social equality and the equality between the sexes and weaken the preconditions of crimes in human trafficking and pandering criminality.

The additional protocols of the UN Convention on human trafficking and the smuggling of immigrants

Proposal will also be made to Parliament to adapt the additional protocols on human trafficking and the smuggling of immigrants relating to the UN Convention against Transnational Organised Crime implemented in Finland in 2004.

The additional protocols have an important significance both in policy and in practise in combating human trafficking and the smuggling of immigrants as well as to help the persons subject to these crimes. A large number of countries have already adopted these protocols including the majority of the European Union Member States.

The national implementation of the additional protocols does not require legislative amendments, because the criminalisation obligations required by them were implemented already in 2004.

Additional information:
Senior Adviser, Legislative Affairs Janne Kanerva, tel. + 358 9 1606 7723