Ministry of Justice, Finland

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 and certain petty crimes may also be reported on the Internet (http://www.poliisi.fi/poliisi/home.nsf/pages/index_eng).

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 course 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 the case concerns sexual assault you must avoid washing yourself and changing clothes before you see the doctor.

If the case concerns a break-in into a flat, do not clean the flat before the police arrives.

When investigating the crime the police wants to know if you, the victim, demand that the perpetrator of the crime be punished. If you at this stage 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.

Crimes, that the police investigate only when the victim of the crime demands that the perpetrator be punished are called plaintiff crimes. Such crimes are, for instance, petty theft and criminal damage. If the victim of a plaintiff 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 at 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 must 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 by the offence. If a pre-trial investigation is not carried out, the victim of the crime must be notified.

The police will, if necessary, summon you as the victim and 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, come to 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 sends 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, for example in cases concerning 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 he or she has 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 damage 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 is not going to present your claim, he must notify you of this in writing. In this case you can 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, where the crime is petty or where conciliation/settlement has been reached, the prosecutor can decide not to press charges. If you, the victim of the crime, during the pre-trial investigation have stated that you demand punishment for the perpetrator, you can press charges yourself, even if the prosecutor decides not to press charges.

Mediation

Mediation can be used in criminal matters if both the victim and the suspect agree to it. Mediation is free of charge and always voluntary and can, if desired, be discontinued at any stage. Trained voluntary mediators help the parties in a criminal case to discuss the event and to agree on compensation for possible damage caused by the offence. The mediators also help them to draw up the agreement document. The result of the mediation can, for example, consist of an apology, an acceptable behaviour contract, monetary compensation or compensation in form of work. If the parties are able to reach an agreement, a written agreement document is drawn up and the mediation office follows up the fulfilment of the agreement. The judicial authority who proposed mediation is informed of the outcome of the mediation. A criminal case can be heard in court even though mediation has taken place.

For further information on mediation you can contact the police, the local mediation offices, the Regional State Administrative Agencies or visit the website www.rikossovittelu.fi.

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 the case concerns a sex 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 a legal excuse, the court can sentence him or her to a fine. A legal excuse can constitute, for instance, illness preventing attendance. A medical certificate must be presented later. The court must be notified of excuses as early as possible.

Part of criminal cases may be considered at the district court in a written procedure. This means that the judge decides on the matter solely on the basis of written material. An oral hearing is not held and the parties are not summoned to court.

Most petty and simple crimes may be considered in a written procedure. The written procedure requires that the accused confesses to the crime and consents to deciding the matter without a main hearing. Also the victim of the crime must give his or her consent to considering the matter in a written procedure.

Also in a written procedure, the victim may present his or her claims in the matter. The claims are presented in writing.

For further information on trials you can visit http://www.oikeus.fi/8108.htm or the police website http://www.poliisi.fi/poliisi/home.nsf/pages/index_eng

Sentence and appeal

The district court either pronounces the judgment immediately after the trial or announces when it is going to be pronounced. In a written procedure the judgment of the district court is sent to the parties in the case.

The judgment of the district court may be appealed to the court of appeal. Certain appeals require leave to continue the proceedings for the matter to be taken up for consideration at the court of appeal.

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