Fiches Belges: Finlande

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Direct proceeds from crime may be ordered forfeited to the state, insofar as they are not returned or ordered reimbursed to the injured party by way of restitution or compensation. Also other assets may be ordered forfeited when there is reason to believe that the property is derived from from criminal activity. Forfeiture may be ordered on the offender, participant or person on whose behalf, or to whose advantage the offence was committed, as well as on a mala fide third party. If forfeiture of property is not possible (e.g.it has been hidden), forfeiture of the value of the property may be ordered. Extended forfeiture of the proceeds of crime is possible.

International legal framework applicable for this measure in your Member State

MLA 2000 and 2006/783/JHA.

* receive the request/decision for judicial cooperation

MLA 2000: Ministry of Justice. 2006/783/JHA: Legal Register Centre.

* execute/recognise the measure (if other than the receiving authority)

Ministry of Justice for legal assistance. The Legal Register Centre for framework decision 2006/783/JHA.

Accepted languages for the request/decision

Finnish, Swedish, English

Deadlines for the execution of the request/decision (where applicable)

N/A

a. Special requirements

N/A

b. Other useful information

A forfeiture order of a foreign court shall be executed as such. If it is of such a nature that it cannot be executed, a court shall convert the order into a nationally enforceable order. The assets shall be retained by the state. However, upon request of a foreign state the Ministry of Justice may decide that the assets be turned over to that state. The rules of the framework decision 2006/783/JHA apply between states having implemented it.