Finland

Judicial Organization 

The judicial administration consists of independent courts of law, prosecution service, enforcement authorities who see to the enforcement of judgments, the Criminal Sanctions Agency who sees to the enforcement of custodial sentences, and the Bar Association and the other avenues of legal aid. 

The police, the customs and the border guard lead the criminal investigation in the pre-trial stage of the criminal process in close cooperation with the prosecutor. When the pre-trial investigation is completed, the prosecutor performs the consideration of charges. If the prosecutor decides to prosecute for an offence, criminal proceedings are initiated in most cases in the district court.

The courts, prosecutors, enforcement authorities, legal aid authorities and the Criminal Sanctions Agency all function in the administrative field of the Ministry of Justice. The Ministry of the Interior is responsible for the guidance and supervision of the police and border guard and the Ministry of Finance of the customs authorities. 

Court Organization 

There are 20 district courts which all deal with both criminal and civil cases. The decision of the district court can normally be appealed to one of the five Courts of Appeal. The decisions of the courts of appeal, then, can be appealed in the Supreme Court, provided that the Supreme Court grants leave to appeal. 

The courts are independent, bound only by the law in force. The independence of the courts is guaranteed by the Constitution. 

There are also administrative courts the decisions of which can be appealed in the Supreme Administrative Court. In addition here are special courts (the Market Court, the Labour Court, the Insurance Court, and the High Court of Impeachment). 

The prosecutors form an independent part of the Finnish judicial administration, and their decision powers are bound by law. 

The National Prosecution Authority comprises of the Office of the Prosecutor General, and five prosecution districts: Southern Finland, Western Finland, Eastern Finland, Northern Finland, and Åland. 

The Prosecutor General is independent in his/her task, also from the Government and the Ministry of Justice. The Ministry of Justice however decides on the financial resources of the prosecution service.   

Each prosecutor is independent in performing his/her duties. However, the Prosecutor General has the power to take over of a case of a subordinate prosecutor or to assign to a subordinate prosecutor a case where the Prosecutor General has ordered a charge to be brought. 

The Office of the Prosecutor General is responsible for the operational prerequisities of the entire National Prosecution Authority and carries out the duties of a central administrative unit. The prosecution districts are responsible for organising operative prosecution activities. 

There are 11 Police Departments in Finland. 

For more details:

https://e-justice.europa.eu/content_judicial_systems_in_member_states-16-fi-en.do?member=1

http://www.oikeus.fi/en/index.html

The basis of international judicial cooperation in Finland is to be found in the Act on Mutual Legal Assistance in Criminal Matters (1994 with several updates). The law is flexible and allows Finland to both request and grant legal assistance even without the support of a convention, treaty etc. In this law Finland has adopted a decentralised model for international co-operation. Therefore, requests for assistance can be sent directly to the local competent authorities. 

The Ministry of Justice acts as the Central Authority. 

Incoming request

In MLA regime the requests are executed as a rule during the pre-trial phase by the competent law enforcement authority (police or customs) and during the court proceedings by a district court. Regarding mutual legal assistance in the pre-trial phase there is one single point of contact which is the National Bureau of Investigation (police) which can always be contacted in these matters. In most cases prosecutors do not have a role, unless the request is about transferring the proceedings to Finland or a request of dual criminality. In these cases the request can be sent either to the Office of the Prosecutor General where the decision about accepting a case is made or to the Ministry of Justice. Between the Nordic countries there is a special arrangement. 

In MR regime the competent authorities are as follows:

EAW: the prosecutors of the Prosecution District of Southern Finland. Decision can be appealed to the Supreme Court if the Supreme Court grants leave to appeal. The same authorities are competent in NAW (Nordic Arrest Warrant). When the competent prosecutor can not be found, the foreign authorities should contact either the Sirene office in the National Bureau of Investigation (NBI) or the Office of the Prosecutor General.

Freezing order: the prosecutors of the Prosecution Districts of Southern Finland, Western Finland, Northern Finland, and Eastern Finland, according to the place of the property to be frozen. The decision can be appealed to the district courts of Helsinki, Pirkanmaa, Oulu, and Pohjois-Savo according to the place of the property to be frozen.

Confiscation order: the Legal Register Centre

Financial Penalties: the Legal Register Centre 

Outgoing request

In MLA regime the prosecutor handling the case is competent to issue a request for mutual legal assistance. Finland has declared that for the purposes of the 1959 Convention also the police authorities, the customs authorities, and the frontier guard officers in their capacity of preliminary criminal investigations authorities are deemed to be judicial authorities. Therefore also the aforementioned authorities are competent to issue a request for assistance. The requesting authority for a video or telephone conference is usually the district court or court of appeal handling the case. 

In MR regime the competent authorities are as follows:

EAW (and NAW): the prosecutor handling the case for the prosecution purposes and Criminal Sanctions Agency for execution of prison sentences.

Freezing order: the prosecutor handling the case and also the District Court where the prosecution would/will take place.

Confiscation order: the Legal Register Centre.

Financial Penalties: the Legal Register Centre