In this section information will be given on extradition between the Member States of the European Union.

Background

The Justice and Home Affairs Council of the European Union adopted on 13 June 2002 a Framework Decision on the European arrest warrant and surrender procedures between the Member States of the European Union. The purpose of the Framework Decision is to approximate Member States’ legislations. A Framework Decision is to be implemented by national (legislative) measures.

The Framework Decision creates a new and uniform surrender regime between the Member States of the European Union and it replaces the old extradition arrangements as of 1 January 2004.

Finland implemented the Framework Decision by enacting a Law on Extradition between Finland and other Member States of the European Union effective as of 1 January 2004.

As a result, extradition in the European Union has changed profoundly.

Surrender from Finland

Deciding on extradition falls on a judicial authority. The competent judicial authorities are the District Courts of Helsinki, Turku, Tampere and Oulu. A District Prosecutor shall submit to the Court a motion to extradite (=surrender) a wanted person. The Court’s decision may be appealed to the Supreme Court.

Surrender for prosecution has to be based on the existence of a national arrest warrant. Surrender for the enforcement of a sentence requires the existence of a final sentence.

A surrender request (=the European Arrest Warrant) is to be drawn up either in Finnish, Swedish or English. It may be in the form of a traditional request. Alternatively, a form (attached to the Framework Decision) may be filled out. If the EAW is in another language than those mentioned, the National Bureau of Investigation shall see to its translation into Finnish or Swedish.

Surrender in the European Union functions with the help of direct contacts between the competent authorities. The services of the SIRENE –bureau (attached to the NBI) may be resorted to.

Surrender of a Finnish national is subject to the same rules as that of a foreign national except for one notable exception. Namely, if a Finnish national is to be surrendered to serve a sentence in another Member State he/she has a right to choose between execution of a foreign sentence in Finland or in another Member State.

Surrender requires that the maximum penalty for an alleged offence in the Member State in question is at least a year and that the offence is punishable also in Finland. Correspondingly, surrender for the enforcement of sentence requires at least a four-month sentence for an offence punishable also in Finland.

The requirement for dual criminality has been dispensed with by adoption of a list of offences that contains 32 types of offences provided that these offences are punishable for at least three years in the law of the issuing Member State in question.

The Framework Decision restricts a Member State’s right to refuse surrender and it contains narrow time limits for handling the EAW and the subsequent appeal. Also the speciality rule has been markedly narrowed down.

Surrender to Finland

Competent autorities to issue an EAW in Finland are prosecutors and the Criminal Sanctions Agency. Surrender for prosecution is requested by the prosecutor assigned to the case whereas CSA is responsible for requesting surrender for the enforcement of a sentence.

Requirements for surrender to Finland are identical to surrender from Finland.

Usually an EAW has to be translated into the language of the Member State from where surrender is sought. In Finland translation is provided by the National Bureau of Investigation.

Finnish authorities are subject to strict time limits. Upon capture of the wanted person an EAW has to be sent to the competent authority and it is to be translated into the accepted language, sometimes within a few days. In case the time limits are not complied with the person has to be released from custody.

Updated on 5 April 2006