Ministry of Justice, Finland

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Anyone can become a victim of a crime and be entitled to the support and legal assistance needed.

In this brochure you will find advice on what steps to take if you have become a victim of a crime. The brochure also describes the different stages of the legal process and shows what you can do yourself to help solve the crime.

The brochure is intended as a practical guide for those who become victims of a crime. More detailed information and instructions are provided by the authorities.

The brochure is available in Finnish, Swedish, English, Russian, Saamish, Somali, Arabic (pdf-file) and in an easy reader version in Finnish and Swedish. The Somali and Arabic translations are based on the easy reader version.

Updated on July 8, 2011

Ministry of Justice
Ministry of the Interior
Ministry of Social Affairs and Health

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.

Compensation for damages

If the court has obliged the perpetrator to pay you damages you can either come to an agreement with him or her on the payment arrangements or let a bailiff recover the compensation. A copy of the court decision, which can be obtained free of charge from the office of the district court must be submitted to the Local Enforcement Office. Further information on how to apply for compensation is also given there.

Compensation can also be obtained from the State Treasury, the insurance companies or the Social Insurance Institution of Finland. The possibilities for obtaining compensation vary and must therefore be examined separately in each case.

State-funded compensation

Those who have become a victim of a crime are entitled to receive state-funded compensation for damages arising from the crime. The right to state-funded compensation is secondary, which means that the compensation that the victim of a crime has received or will receive on the basis of another law or an insurance will be deducted from the compensation granted by the State. The compensation that the perpetrator has paid the victim will also be deducted from it. The victim can, however, apply for compensation directly from the State Treasury without first trying to make the perpetrator pay compensation.

Compensation is generally granted only if requested from the perpetrator in court. If a crime has remained unsolved or if the perpetrator has not been apprehended, compensation can be obtained from the State Treasury without a court decision.

Compensation is primarily paid for personal injuries, for instance, the costs of medical treatment, pain and suffering, a permanent handicap or mental anguish.

State-funded compensation is applied for at the State Treasury. The court decision, the pre-trial investigation record of the police or some other reliable account of the course of events and the extent of the damages, a medical certificate and receipts must be appended to the application. Application forms are available at the State Treasury, the Social Insurance Institution and the police. The form can also be found on the Internet (www.valtiokonttori.fi).

The State Treasury can deviate from the compensation determined by the court, especially when it concerns compensation for pain and suffering, permanent handicap or mental anguish.

Legal assistance

You are entitled to use legal assistance when you report the crime to the police and at hearings and the trial.

Low- and middle-income earners can be granted legal aid at the expense of the state. In these cases the fee of the attorney is paid either in full or in part from state funds depending on the income of the victim.

Legal aid is applied for at the State Legal Aid Offices. They will ascertain the financial circumstances of the applicant. Legal aid includes, for example, counselling and assistance at the trial. The attorney can be a public legal aid attorney employed at the legal aid office, a private advocate or some other lawyer. Legal aid can be given at every stage of the proceedings.

Regardless of the income of the victim of domestic violence, a sex offence or serious violence, the court may, when necessary, grant him or her an attorney for the pre-trial investigation and the trial. The fee of the attorney will in this case be paid from state funds.

Support person

If you consider yourself in need of support you may ask somebody to assist you in the different phases of the proceedings. The Service for Crime Victims will provide trained support persons free of charge.

If you become a victim of domestic violence, a sex offence or serious violence, the court may, when necessary, grant you a support person for the pre-trial investigation and the trial. In such cases the fee of the support person will be paid from state funds.

Right to interpretation

You are entitled to use a language you master in all matters related to the examination of the crime. When necessary, interpretation to this language must be arranged. Interpretation may be needed, for example, during the police interrogations, at the doctor and during the trial. The authorities have the duty to make sure that an interpreter will be summoned, if their own language skills are insufficient.

If your mother tongue is Finnish or Swedish you have the right to use it. The Sami are entitled to use the Sami language within their Home Territory. The authorities must provide interpretation when necessary.

Domestic violence

Domestic violence, also a minor act of violence, is a public prosecution crime. By reporting it to the police you give the authorities opportunity to intervene.

Anybody, be it a child or an adult, who becomes a victim of domestic violence often needs many types of assistance and support. Assistance and support is provided by, among others, shelter homes, the social welfare offices, the health care authorities and various organizations.

Suspicions of crimes against children must always be reported to the police. If the interests of the child and the parents differ, the child needs a representative of its own at the pre-trial examination and the trial. This is particularly important, when the suspect is a family member. Legal assistance must also be available to the child.

If there is reason to believe that a child has become a victim of a sex or violent offence, the account of the child during the pre-trial investigation is usually recorded on video. When the account has been recorded, it may not be necessary to hear the child again during the trial.

If you feel threatened or harassed, you can apply for a restraining order against the person threatening you. The decision to impose a restraining order is made by the district court. A temporary restraining order with immediate effect may also be issued by the police. All possible evidence of threatening behaviour should be kept.

For further information about restraining orders you can visit the police website www.poliisi.fi and the Ministry of Justice website (brochure).

 Useful telephone numbers:

• General emergency number: 112
  
• Service for Crime Victims: phone service 0203-16116
  legal advice 0203-16117
  
  Rape Crisis Centre Tukinainen: crisis centre 0800-97899
  legal service 0800-97895
  
• Women’s line: 0800-02400
• Crisis telephone of the Finnish Association for Mental Health: 010 195 202

Information on the internet:

www.oikeus.fi
General information on courts, prosecutors, legal aid and enforcement. Contact information and websites of local authorities.

www.poliisi.fi (the police)
www.statetreasury.fi  (look at: Accidents and compensation for damages)
http://www.rikosuhripaivystys.fi (Victim Support Finland)
http://www.tukinainen.fi/ (rape crisis centre)
https://www.naistenlinja.fi  (Women's Line for those who have experienced violence or threat of violence)
http://www.mielenterveysseura.fi/en/  Finnish Association for Mental Health (support and help)
www.apua.info  (help info)
www.tukinet.net (crisis centre in internet in Finnish)
www.monikanaiset.fi (Multicultural Women's Association in Finland)
Mediation in Criminal and Civil Cases
Human trafficking - Help line telephone