To report a crime

If you have become a victim of a crime, report it to the police. The sooner you make the report the greater are the chances for the police to solve the crime. You can report the crime to the police patrol that arrives at the scene of the crime, in person at a police station or by phone, e-mail or fax.

The report can be made at any police station, and it can be made by somebody else on your behalf. If there are witnesses to the crime, note down their names and contact information.

The police will register the chain of events together with the names and personal data of the parties and witnesses.

If you have been injured in connection with the crime, you should go and see a doctor as soon as possible. A medical certificate may be necessary at the trial or when you apply for compensation from the insurance company or the State Treasury. If it is a question of sexual assault you must avoid washing yourself and changing clothes before you see the doctor.

If it is a question of a break-in into a flat, do not clean the flat before the police arrive.

When investigating the crime the police want to know if you, the victim, demand that the perpetrator of the crime be punished. If at this stage you state that you do not demand punishment or if you later withdraw your demand for punishment, you may forfeit your right to press charges. This is important to know in case the prosecutor decides to waive prosecution.

Plaintiff crimes are crimes that the police investigate only when the victim of the crime demands that the perpetrator be punished. Such crimes are, for instance, petty assault by an adult and petty theft. If the victim of such a crime does not, after all, want the perpetrator to be punished the police will discontinue their investigation.

Most crimes are public prosecution crimes and as such always investigated by the police when brought to their attention. For instance assault and rape are public prosecution crimes also when they take place in the home or when the perpetrator is a family member.

Pre-trial investigation

If there is reason to suspect that a crime has been committed the police shall carry out a pre-trial investigation. In this investigation the police will establish what has happened, who the parties are and what damages have been caused. If the police do not carry out a pre-trial investigation, the victim of the crime shall be notified.

The police will, if necessary, summon you as the victim and thus plaintiff to be heard. If the time of the hearing does not suit you, you can agree on another time with the investigating police. In straightforward and clear cases a telephone hearing can be arranged.

At the hearing and later at the trial you must report everything that pertains to the crime and you are under obligation to tell the truth. If you later after the hearing think of something that could be of relevance for the case, you should contact the police.

When the record of the pre-trial investigation is ready the police will send it to the prosecutor. Both you, the plaintiff, and the person suspected of the crime are entitled to a free copy of the record. If you do not want the suspect to find out how to reach you, you can forbid the police to include your contact information in the record.

In petty cases like, for example, petty theft or petty assault, the police can with the consent of the plaintiff sentence the suspect to a fine which will be determined by the prosecutor. In such cases a pre-trial investigation record is not necessarily drawn up.

Claims for compensation

The perpetrator of a crime is liable to compensate the damages caused. You must report the damages to the police and state whether you claim compensation from the perpetrator. Compensation can be claimed, for instance, for lost or damaged property, medicine costs and doctor’s fees, pain and suffering as a result of the crime, and mental anguish.

You can indicate the extent of the crime by presenting the receipts for the costs arising from the crime. You must also keep the receipts for your insurance deductible and possible travel costs in connection with the investigation. Compensation for them, too, can be claimed from the perpetrator.

If you want the prosecutor to present your compensation claim in court you should inform the police of this during the pre-trial investigation. The prosecutor will present the claim if it is straightforward and justified.

If the prosecutor will not present your claim, he must notify you of this in writing. You can in that case present your claim yourself. Somebody else can also do it on your behalf.

Consideration of charges

When the prosecutor has received the record of the pre-trial investigation from the police he decides whether to press charges, that is whether the matter will be taken to court.

For instance in cases where there is nothing to prove that a crime has been committed or where the crime is petty or if conciliation/settlement has been reached the prosecutor can decide not to press charges. If during the pre-trial investigation you, the victim of the crime, stated that you demanded punishment for the perpetrator, you can press charges yourself.

Mediation

Mediation can be used in criminal matters if both the victim and the suspect agree to it. Mediation is always voluntary and can, if desired, be discontinued. Trained voluntary mediators help the parties in the criminal case to reach conciliation. The result of the mediation can, for example, consist of an apology, financial remuneration or compensation in the form of work. A written agreement will drawn up.

Further information on mediation is given, for instance, by the police. A criminal case can be heard in court even though mediation has taken place.

Trial

The parties in a trial consist of the victim, who is the plaintiff, the prosecutor and the
accused. The district court normally summons all parties and possible witnesses to the trial. The summons will indicate if personal attendance is necessary. If one of those who have been summoned to appear in person is missing, it may be necessary to postpone the trial.

The schedule and other practical questions in connection with the trial can be discussed with the staff of the district court and the prosecutor or the prosecutor’s secretary before the trial. The sessions of the court are open to the public, but the court can, for instance, if it is a question of a sexual offence, hear the case completely or partially without any public present, that is behind closed doors. A request to this effect can be made to the district court judge.

If the court obliges the victim of the crime to appear in person at the trial, the victim will be paid a daily allowance and compensation for both travel expenses and loss of income. If somebody is absent from the trial without legal excuse, the court can sentence him to a fine. A legal excuse can constitute, for instance, illness preventing attendance. A medical certificate must be presented later. The court shall be notified of excuses as early as possible.

Information on trials is found, for example, on the Internet at the address www.oikeus.fi and in the Ministry of Justice brochure Rikosjutun käsittely käräjäoikeudessa (The criminal process in district courts).

Sentence and appeal

The district court either pronounces the sentence immediately after the trial or announces when it is going to be pronounced.

The sentence of the district court can be appealed to the court of appeal. If you are not satisfied with the sentence you must inform the district court within a week after the sentence has been pronounced. The petition of appeal shall be submitted to the district court within 30 days of the judgment. Instructions for appeal are appended to the sentence of the district court.