Judicial system of Finland
The traditional system of tings for criminal cases and civil disputes continued after conquest and the country's first court of appeals was established at Turku in 1634.
This division dates to the administrative procedure of the 18th and 19th centuries and was formalized in 1918 when two sections of the Senate became the newly independent country's two highest courts.
In practical terms, punishments are standardized, and they are imposed consistently for all categories of crimes, in the interest of ensuring equality in the application of the law.
Imprisonment is not regarded as benefiting the offender, nor is the length of time in an institution to be set on the basis of need for treatment; it is accepted that punishment is detrimental and should be used sparingly.
In addition to ensuring that sentences are equal and proportional, the penal code advises that sentences imposed should not cause the "unregulated accumulation of sanctions," that is, when assessing punishment, courts should avoid several sanctions being imposed – such as dismissal from office, or revocation of a driver's permit – as the result of a single offense.
Finland has been less willing than other Scandinavian countries to replace punishment with other measures, such as treatment-oriented institutions for repeat offenders.
Under legislation enacted in 1931, offenders "dangerous to private or public safety" could be confined in a separate institution for recidivists after their sentences had expired.
In 1971 the law was amended so that property offenses could no longer be considered grounds for indeterminate incarceration, and conditions under which violent offenders could be so confined were more narrowly defined.
Any lawyer applying for membership in the Finnish Bar Association must have completed a Master of Laws degree, entitling them to hold judicial office, and must be known to be a person of integrity.
Only members of the bar association are entitled to use the professional title "advocates" (Finnish: asianajaja, Swedish: advokat).
For regular prosecutorial tasks, the office has thirteen State Prosecutors, whose jurisdiction covers the entire country.
The District Court pays a hearing fee to the lay judges and reimburses them for loss of income.
The Helsinki Court of Appeal has special responsibilities, such as granting parole to felons serving a life sentence.
The judges of the Courts of Appeal are appointed by the President, on the basis of a draft decision presented by the government.
In the Finnish interpretation of the prohibition of double jeopardy, the case is considered closed only after the final verdict.
The Supreme Court (Finnish: korkein oikeus, Swedish: högsta domstolen), located in Helsinki, consists of a president and 18 other justices, usually working in five-judge panels.
The contracts between authorities and private persons fall usually to the jurisdiction of the general court system.
By means of the request, the authority may double-check its decision (to rule out potential unintentionally incorrect application of law, spelling errors etc.)
The appeal may usually be made by an involved person, or by another authority charged with the supervision of public interest in the matters of its jurisdiction.
Depending on the type of the case and the laws involved, the review by the administrative court may cover only the formal legality of the authority's procedure, but it may extend to the actual appropriateness of the decision.
However, the prevailing party may be awarded the legal costs partly or in full, if it is deemed reasonable in the light of the decision.
The Supreme Administrative Court (Finnish: korkein hallinto-oikeus, Swedish: högsta förvaltningsdomstolen) consists of a president and 19 other justices.
The first chamber focuses on cases concerning building and planning, environmental permits, real property, waste management, water rights, roads, nature conservation, extraction of land resources and general administrative law.
Two Vice Chief Justices are part-time members, with a legal training and without labour market connections.
The High Court of Impeachment [fi] (valtakunnanoikeus, more literally 'Court of the Realm') may be convened for cases dealing with criminal charges (for an offence in office) against the President of the Republic, a justice of the Supreme Court, a member of the Government (a minister), the Chancellor of Justice or the Ombudsman of Parliament.
Unlike in civilian cases, the court may decide to impose a disciplinary measure if the punishment would normally be a fine.
The proceedings take place according to the normal procedure, but the majority option will become the verdict of the court only if it is supported by the District Judge or is milder than his/hers.
In case of military crimes committed by servicemen in international crisis management duties, the District Court of Helsinki has the jurisdiction.
[16] During a war, the Finnish law gives an option of founding Courts Martial to handle military crimes.
Law enforcement agencies can also issue summary fines such as speeding tickets, but they can always be disputed in court.
