District Courts

Finland is divided into a number of judicial districts, each with a District Court (käräjäoikeus). The districts vary greatly in size, both in terms of population and of area. A District Court is made up of a Chief Judge (laamanni) and a number of other professional judges (käräjätuomari). 

In civil cases the proceedings start with the pre-trial phase of the procedure, after which the case is adjourned to the main hearing.  The case also can be resolved already in the course of the partly written and partly oral pre-trial procedure.

Also in criminal procedure the principles of orality, directness and concentration of the trial are stressed. The main hearing is divided into the opening statements of the parties, the presentation of evidence and the conclusions.

The rights of the accused are respected as stated in the European Convention of Human Rights. In Finland the victim has the right to claim damages from the accused in connection with the criminal proceedings and it is the public prosecutor´s duty in certain situations to present the claim for damages on behalf of the victim.     

In ordinary civil cases the court consists of three professional judges. One single judge, however, presides over the pre-trial procedure of a civil case. In criminal cases (and in some cases concerning family law) the court is composed of one presiding professional judge and three lay members (volunteers elected by the municipal councils). Minor cases are tried by one judge alone.

The greatest volume of cases dealt with by the district courts is that concerning petitionary matters. These include e.g. divorce, registration of titles and mortgages over real property, bankruptcies and the adjustment of the debts of private individuals. Such matters are normally decided in chambers without a hearing being held.

Courts of Appeal

The second instance in an ordinary case is the Court of Appeal (hovioikeus).
These courts hear civil and criminal appeals.

All decisions by the District Courts may be appealed to the Court of Appeal. The parties have a right to refer both questions of fact and questions of law.

In the Courts of Appeal the cases are heard by three judges. The Court of Appeal first carries out a screening procedure, where it is determined if the matter is to be taken up for further consideration.  If the Court of Appeal considers that the decision has been correct already in the district court, the appeal will not be entertained.

The appeal procedure is similar in both civil and criminal cases. After preliminary preparation the case can be resolved either after hearing or in written procedure. The Courts of Appeal have to arrange an oral hearing if the evidence of the case has to be evaluated again or when a party so requests unless the appeal is e.g. clearly without merit.

The Supreme Court

The third and final instance is the Supreme Court (korkein oikeus), which has its seat in Helsinki. Its most important task is to establish precedents, thus giving guidelines to the lower courts on the application of the law.

The Supreme Court hears both civil and criminal appeals, but cases are admitted only under certain conditions.

The Supreme Court may grant a leave to appeal in cases in which a precedent is necessary for the correct application of the law, a serious error has been committed in the proceedings before a lower court or another special reason exists in law.

Normally two members decide whether leave should be granted. If leave is granted, the case is decided in a composition of five members. If the matter is important in principle and has far-reaching consequences, it is decided in a plenary session or in a reinforced composition of eleven members.

Usually, the cases are decided on the basis of written materials; the Supreme Court may, however, also conduct oral hearings and inspections.