Fiches Belges: Finlande

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

Yes. A precondition for criminal liability is that the offender has reached the age of fifteen at the time of the act. A child between fifteen and eighteen may be heard in pre-trial investigation or in court as a suspect, witness or an injured party. A child under fifteen may be interrogated in pre-trial investigation if there is reason to believe that he has committed a criminal act, although he shall not be designated a suspect. He may be heard as a witness in court proceedings without an oath, if the court deems it appropriate, and his testimony bears central relevance to the case, and giving testimony does not cause the child distress or other harm that may impair him or his mental growth.

International legal framework applicable for this measure in your Member State

Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters. MLA 2000 Convention.

* receive the request/decision for judicial cooperation

Pre-trial stage: National Bureau of Investigation. Trial stage: District Courts

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

Pre-trial investigation: investigator-in-charge, customs and frontier guard authorities. Trial stage: the court

Accepted languages for the request/decision

N/A

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

N/A

a. Special requirements

N/A

b. Other useful information

A child is to be treated in conformity with his age and maturity. In pre-trial investigation a suspect under eighteen shall not be questioned without a witness to the procedure unless he is assisted by a counsel or statutory representative. A child to be examined in court as a witness may be assigned a support-person. Usually the court, not the parties, conduct the examination. The parties may pose questions to him either through the judge or directly. If the person is under fifteen, his guardian, trustee, or other statutory representative may be present at the hearing. The pre-trial interrogation of a person under eighteen should always be recorded in sound or video format.