Fiches Belges

Police officers of a foreign state referred to in Article 40 of the Schengen Convention have a right to continue surveillance or technical surveillance of a person in the territory of Finland, initiated in the police officer's country for the purpose of investigating an offence. A further precondition is that Finnish police officers are not immediately able to continue surveillance or technical surveillance in Finland. Technical devises, which the Finnish police are authorized to use, may be used in the surveillance. A report on the measure shall be submitted to the district police within whose geographical area of operation surveillance, or most of it, was conducted. Customs officers of Member States applying the provisions of the Convention on Mutual Assistance and Cooperation between Customs Administrations may carry out cross-border operations pursuant to the Convention.

Schengen Convention implementing the Schengen Agreement Convention on Mutual Assistance and Cooperation between Customs Administrations

National Bureau of Investigation Police, customs and frontier guard authorities makes the decisions. The court decides on technical monitoring, but under exceptional circumstances an investigator-in charge or a prosecutor may decide on technical monitoring that may last up to 24 hours.

Finnish, Swedish or English

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According to Finnish Police Act (872/2011) the surveillance can apply to a suspect but also to persons outside domestic premises who can with justifiable cause be suspected of contributing to an offence for which the maximum punishment provided is more severe than six months’ imprisonment. When applying the Schengen Convention, the requests for cross-border surveillance can be made via Sirene Finland office Using of Schengen Convention and Sirene channel (maybe with the cooperation with national Europol Liaison Bureaus) seem to be the most efficient way to act in very urgent situations.