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

Vizită şi percheziţie de domiciliu (601)

1. MEASURE IMPLEMENTATION

Finlanda

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

Yes. There are two types of search of domiciles. A general search is a search of a domicile which is protected as a domiciliary place. A special search is a search of a premise in which it can be assumed that the object of the search would reveal information which cannot be freely used in the court, either because a person may refuse to or cannot testify or it is forbidden to confiscate or copy the documents (e.g. an office of an attorney). In addition a search may be carried out in an area which is not open or a domicile (e.g. a car). A search can be conducted when it is occupied by a suspect. If it is not occupied by a suspect, a prerequisite for a search is that the offence was committed there, the suspect had been apprehended there or there are very justifiable grounds to believe that an object, property, document, information or circumstance shall be found there. A search may also be conducted in order to find a person. The measure may however not be used where not permitted under Finnish law, had the offence been committed in Finland in similar circumstances.

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

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

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

An Investigator-in-charge or a prosecutor decides on a general search of domicile. The court decides on a special search of a domicile and on the appointment of a search representative. In certain situations a police or customs officer or frontier guard may conduct a general search of domicile without prior authorization.

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 third party summoned as a witness should be present, if possible. A special search may not be conducted in the absence of a search representative. A search shall not cause any more inconvenience than necessary and may not be conducted, as a rule, between 10 pm and 7 am.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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