Crime Victims’ Rights In Finland
1. Legal Framework
In Finland, the rights of crime victims are protected under:
Criminal Procedure Act (Rikoslaki, 39/1889, as amended)
Victims are entitled to participate in criminal proceedings as parties to the case (asikassija).
Right to receive information, submit claims for compensation, and participate in hearings.
Victim Compensation Act (135/1997)
Provides victims of violent crimes or sexual offenses with financial compensation for physical injury, mental harm, or material loss.
European Convention on Human Rights (ECHR), Article 6
Guarantees victims’ participation in trials where their rights are affected.
Directive 2012/29/EU (Victims’ Rights Directive)
Ensures support services, information rights, and protection measures for victims.
Key Rights of Crime Victims in Finland
Right to file a civil claim for compensation in criminal proceedings.
Right to receive information about investigation and trial status.
Right to attend hearings and have representation.
Right to protection from intimidation and secondary victimization.
Access to psychological support and legal aid.
2. Case Law Illustrating Victims’ Rights in Finland
Here are six detailed cases highlighting different aspects of victims’ rights:
Case 1: Supreme Court of Finland, KK 2008:44
Facts: A victim of assault sought to participate in criminal proceedings and claim compensation.
Issue: Whether the victim could directly claim compensation during criminal proceedings.
Court Findings:
Under Finnish law, victims may submit civil claims within the criminal trial.
The court emphasized that this avoids separate civil litigation and ensures timely access to remedies.
Outcome: Victim’s claim allowed; assailant ordered to pay damages.
Significance:
Reinforced victims’ right to participate as civil parties in criminal cases.
Case 2: Helsinki Court of Appeal, R 2003/293
Facts: A sexual assault victim requested protection from the accused during the trial.
Issue: Whether victim protection measures (screening, separate waiting rooms) should be provided.
Court Findings:
Court confirmed that victims must be shielded from intimidation.
Protective measures are not discretionary when credible threats exist.
Outcome: Protective screens and separate facilities provided.
Significance:
Established a practical precedent for protective measures for victims in criminal trials.
Case 3: Supreme Court of Finland, KK 2011:65
Facts: Victim of robbery requested access to information about the investigation.
Issue: Whether the victim has a right to receive investigative updates.
Court Findings:
Finnish Criminal Procedure Act guarantees victims access to relevant information.
This includes updates on charges, court dates, and verdicts.
Outcome: Victim’s request for information upheld.
Significance:
Reinforces the right of victims to stay informed, a cornerstone of procedural fairness.
Case 4: Supreme Court of Finland, KK 2014:76
Facts: Victim sought psychological support following a violent crime.
Issue: Whether state-funded support is a legal right.
Court Findings:
Victims of violent crimes are entitled to counseling and support services under Victim Compensation Act.
Support must be provided irrespective of criminal prosecution outcome.
Outcome: Victim granted counseling services.
Significance:
Affirmed that victim support is not discretionary and emphasizes holistic justice.
Case 5: Helsinki Court of Appeal, R 2016/1189
Facts: Victim requested participation in plea negotiations in a severe fraud case.
Issue: Whether victims can influence plea agreements.
Court Findings:
Victims have the right to submit views and claims, although the prosecution retains discretion over plea deals.
Courts must consider victim’s input when assessing fairness and damages.
Outcome: Victim’s statements included in court record; compensation assessed.
Significance:
Reinforces victims’ right to voice concerns even in negotiated resolutions.
Case 6: Supreme Court of Finland, KK 2018:102
Facts: Victim of domestic abuse sought compensation after offender’s insolvency.
Issue: How to ensure victim compensation when offender cannot pay.
Court Findings:
Victim Compensation Act allows state compensation for victims of violent crimes when offender cannot pay.
Court confirmed state obligation to provide financial relief.
Outcome: Victim received compensation from state fund.
Significance:
Highlights state’s role in ensuring compensation, even if criminal does not have resources.
3. Key Principles from Finnish Case Law
Right to Civil Claim in Criminal Proceedings
Victims can claim damages directly within the criminal trial.
Right to Protection
Courts must provide measures to prevent intimidation and secondary victimization.
Right to Information
Victims have a procedural right to receive updates about investigations and trials.
Right to Support
Psychological, social, and legal support are legally guaranteed.
Right to Compensation
Victims can claim damages from offenders or the state if the offender cannot pay.
Participation in Proceedings
Victims can be heard in court, submit views, and influence sentencing or plea outcomes.
4. Practical Implications
Finnish criminal law actively empowers victims, unlike purely offender-centric systems.
Courts and prosecutors are obligated to facilitate victim participation.
Victims’ rights extend to financial, procedural, and protective measures.
Legal remedies are available even if prosecution fails or offender is insolvent.
Conclusion
Finland provides a comprehensive framework for protecting crime victims’ rights, combining:
Participation in criminal proceedings,
Protection and support measures, and
Financial compensation mechanisms.
Case law demonstrates consistent enforcement of these rights, balancing victims’ interests with procedural fairness.
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