Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Finlanda

Infiltrare de agenţi secreţi ai Statului solicitat (201)

1. MEASURE IMPLEMENTATION

Finlanda

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

Yes. Covert collection of intelligence refers to short-term interaction with a certain person for the obtaining of information, and in which a police officer in order to conceal the task uses false, misleading or concealed information. Covert activity refers to extended collection of intelligence directed at a certain person or at his or her activity through the use of infiltration, in which false, misleading or concealed information, register notations or documents are used or prepared, in order to achieve the confidence needed for the collection of intelligence or to prevent the revelation of the collection of intelligence. Police officers have a right to undertake undercover activities if they are necessary for preventing, detecting or investigating certain serious criminal activities when there is justifiable cause to suspect that the persons on whom information is collected would commit certain severe offences. In addition the collection of intelligence is to be deemed necessary in view of the degree to which the criminal activity is planned, or in view of anticipated continuity of repetition. Undercover activities in a place of residence are permitted with an occupant's active assistance of entry or stay. Pseudo purchase denotes an offer made by a police officer to buy an object or property that is in someone's unlawful possession, or is the object of trade, in order to prevent or detect the possession, trade or illegal preparation of such objects or property or to locate them, or to recover proceeds from crime. A police officer has a right to make a pseudo purchase if there is an intention to take the substance into the possession of the police, or finding evidence in criminal matters or pseudo purchase could otherwise be of assistance in clarification of a criminal matter. In addition the pseudo purchase must be necessary in an investigation of certain offences and it shall not be committed in a way that induces the subject of the measure or another person to commit an offence that he or she would otherwise not commit. A pseudo purchase in a place of residence is only allowed if there is active co-operation of the person using the residence.

2. LEGAL FRAMEWORK

Finlanda

International legal framework applicable for this measure in your Member State

MLA 2000

3. COMPETENT AUTHORITY TO:

Finlanda

* receive the request/decision for judicial cooperation

National Bureau of Investigation

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

Decisions on undercover activities are taken by the chief of the NBI or the chief of Security Intelligence Services. If the covert activity takes place solely through the telecommunications network or the decision is about covert collection of intelligence, also a chief of a police department or an official especially trained in covert collection of intelligence and assigned with this function may authorize the covert activity. A decision on pseudo purchases are taken by the chief of the NBI or the chief of the Security Intelligence Service or if the offer of sale is made solely to the public an official especially trained in covert collection of intelligence and assigned with this function may authorize the pseudo purchase.

4. ACCEPTED LANGUAGES

Finlanda

Accepted languages for the request/decision

N/A

5. EXECUTION DEADLINE

Finlanda

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Finlanda

a. Special requirements

N/A

b. Other useful information

A police officer engaged in covert activity may not commit an offence, unless the punishment for it is a fixed penalty and the act was necessary. The suspect shall be informed when the matter has been submitted to the consideration of the prosecutor.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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