Defendants in criminal cases

A defendant is informed of charges brought against them when a court or a prosecutor serves them a summons. The summons includes all the charges brought up and it calls the defendant to attend a district court hearing. In some cases, the defendant is also given the opportunity to submit a written response to the court before the hearing.

Criminal cases are usually processed by a district court, which summons the defendant and the victim to attend an oral hearing. In the hearing, the judge asks the defendant whether they admit or deny committing the offence. The defendant may also express their view on the demands for punishment and claims for damages, and otherwise give their opinion on all the matters discussed in the hearing. More information on criminal proceedings.

The district court issues its decision either immediately after the oral hearing or in writing later. More information on issuing decisions.

If the charges are rejected, the defendant may be entitled to reimbursement for their legal costs.

Criminal cases can be resolved through mediation, which is voluntary and free. More information on mediation (thl.fi).

Defendant’s rights in a court hearing

A defendant is considered not guilty until otherwise proven. A defendant can only be sentenced if there is no reasonable doubt of their guilt.

Defendants are not obligated to testify in their own case or otherwise contribute to proving their guilt.

Defendants have the right to use Finnish or Swedish, or a Sámi language in the Sámi homeland during the pre-trial investigation and judicial proceedings. If a defendant does not speak or understand the language of the judicial proceedings, they are entitled to use a language that they speak in all situations related to the investigation of the crime. If necessary, the authorities must arrange an interpreter for the defendant.

Defence

It is often necessary to have a legal counsel assist you in judicial proceedings. The legal counsel must be an attorney-at-law, a public legal aid attorney or a licenced legal counsel.

Usually, the defendant pays for the legal assistance they need themself. If the defendant is unable to pay their legal counsel fees, they can be eligible for legal aid. More information on legal aid (oikeuspalveluvirasto.fi).

Persons suspected and detained or imprisoned for an aggravated offence have the right to have defence counsel present in the pre-trial investigation and at the court hearing. If the suspect is under 18 or otherwise incapable of defending themself, the court will appoint a defence counsel for them. The fee of the defence counsel will be paid with public funds. If the defendant is found guilty, the fee will be collected from them entirely or partly.

Plea bargaining and guilty plea proceedings

Some criminal matters can be dealt with using plea bargaining. In the plea bargaining procedure, the suspect or the defendant confesses to having committed the criminal act and, in return, the prosecutor pledges to request punishment in accordance with a reduced penal scale. Instead of a charge, the prosecutor draws up a proposal for judgment that is considered in guilty plea proceedings, which is a lighter procedure than ordinary criminal proceedings. Guilty plea proceedings must be held within 60 days of the date on which the matter became pending in court.

Plea bargaining is only possible in certain situations specified by law. In general, it can be used in connection with offences for which the maximum punishment provided by law is imprisonment for at most six years. Certain offences (for example, certain sexual offences and offences against life and health) cannot be dealt with in the plea bargaining procedure or in guilty plea proceedings.

The initiative for plea bargaining may be taken by the prosecutor, the suspect or the defendant, or the injured party. Plea bargaining makes it possible to consider a matter considerably faster than in ordinary criminal proceedings, because confession reduces the need to take extensive evidence and shortens the duration of judicial proceedings.

The use of plea bargaining requires the consent of the injured party, in other words the victim of the offence. The injured party may present their claim for compensation in guilty plea proceedings in the same manner as in ordinary judicial proceedings. More information on plea bargaining (syyttajalaitos.fi).