Attempted Crime Prosecutions
1. Understanding Attempted Crimes in Finland
A. Definition
An attempted crime occurs when a person:
Intends to commit a crime
Takes direct action toward its commission
Fails to complete the crime, either voluntarily or due to external factors
Key points:
The intent (mens rea) must be clear
The action must be a substantial step toward the crime (actus reus)
Attempted crimes are punishable under Finnish law, often with slightly lesser penalties than completed crimes
B. Legal Framework
Criminal Code of Finland (Rikoslaki 39/1889, as amended):
Chapter 23, Section 1: Attempt (Yritys)
“A person who attempts a crime shall be liable to punishment unless the law provides otherwise.”
Chapter 2: Sentencing of Attempted Offenses
Punishment for an attempt is generally less than for a completed crime, but the maximum penalty can be close to that of the substantive offense if the act is serious.
Aggravating factors
Use of weapons
Risk to public safety
Multiple perpetrators
2. Notable Attempted Crime Cases in Finland
Case 1: Attempted Homicide in Helsinki (2004)
Facts:
Defendant attacked a neighbor with a knife intending to kill.
Victim survived due to timely intervention.
Law Applied:
Criminal Code Sections 21 (assault) and 23 (attempted offense)
Judgment:
Court found intent and direct action sufficient for attempted homicide conviction.
Sentence: 6 years imprisonment (less than typical 8–10 years for completed homicide).
Significance:
Shows that attempted violent crimes are punished heavily, even if the victim survives.
Case 2: Attempted Burglary in Tampere (2008)
Facts:
Defendant attempted to break into a jewelry shop at night but was apprehended by police before entry.
Law Applied:
Criminal Code Sections 34 (burglary) and 23 (attempt)
Judgment:
Convicted of attempted burglary.
Sentence: 2 years imprisonment.
Significance:
Illustrates that prevention or failure does not absolve criminal liability for attempted property crimes.
Case 3: Attempted Arson in Espoo (2010)
Facts:
Defendant set fire to a warehouse intending to destroy goods.
Fire extinguished before significant damage occurred.
Law Applied:
Criminal Code Sections 17 (property damage) and 23 (attempt)
Judgment:
Convicted of attempted aggravated arson.
Sentence: 3 years imprisonment (full sentence for completed arson would be 4–5 years).
Significance:
Attempted crimes causing risk to property/public safety are seriously penalized even if no major harm occurs.
Case 4: Attempted Fraud in Helsinki Financial District (2012)
Facts:
Defendant submitted falsified loan applications to banks intending to defraud €500,000.
Banks detected the falsification before funds were transferred.
Law Applied:
Criminal Code Sections 36 (fraud) and 23 (attempt)
Judgment:
Convicted of attempted fraud.
Sentence: 2 years imprisonment and restitution of the attempted fraud amount.
Significance:
Demonstrates that attempted financial crimes are prosecutable even if the scheme fails.
Case 5: Attempted Drug Trafficking in Oulu (2015)
Facts:
Police intercepted shipment of 5 kg of illegal narcotics before distribution.
Law Applied:
Criminal Code Sections 50 (narcotics) and 23 (attempt)
Judgment:
Convicted of attempted drug trafficking.
Sentence: 4 years imprisonment.
Significance:
Attempted drug offenses carry penalties close to completed trafficking, reflecting risk to public health.
Case 6: Attempted Sexual Assault in Vantaa (2018)
Facts:
Defendant tried to assault a person in a public area but was stopped before physical contact occurred.
Law Applied:
Criminal Code Sections 20 (sexual assault) and 23 (attempt)
Judgment:
Convicted of attempted sexual assault.
Sentence: 2.5 years imprisonment.
Significance:
Attempted personal crimes like assault or sexual offenses are seriously punished even without completed act.
Case 7: Attempted Robbery at Helsinki Bank (2020)
Facts:
Masked individual threatened staff with a fake firearm, attempting to rob the bank.
Apprehended before taking any money.
Law Applied:
Criminal Code Sections 36 (robbery) and 23 (attempt)
Judgment:
Convicted of attempted robbery with aggravating factors.
Sentence: 4 years imprisonment.
Significance:
Threat or preparation alone with direct action is sufficient for attempt liability.
3. Key Observations
Attempted crimes cover all major offenses:
Violent crimes (homicide, assault, sexual assault)
Property crimes (burglary, arson, robbery)
Financial crimes (fraud, embezzlement)
Drug offenses
Elements of Liability:
Clear intent to commit crime
Substantial step taken toward crime
Crime fails due to intervention, chance, or inability
Penalties:
Slightly lesser than completed crime
Aggravating circumstances may increase sentence close to full penalty
Investigation and Proof:
CCTV, forensic evidence, eyewitness accounts
Communication, planning documents, and preparatory acts used to demonstrate intent
4. Conclusion
Finnish law treats attempted crimes seriously. Key takeaways:
Criminal liability exists even if the crime is incomplete
Penalties reflect intent and risk rather than success
Courts distinguish between mere preparation (not punishable) and direct action toward commission (punishable)
Attempted crimes span violent, property, financial, and drug offenses
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