Criminalisation Of Bullying And Hazing
1. Understanding Bullying and Hazing as Criminal Conduct
(a) Bullying
Definition: Bullying involves repeated aggressive behavior intended to hurt another person physically, psychologically, or socially.
Legal Basis: In many jurisdictions, including Finland:
Bullying itself is not always a separate crime, but certain behaviors within bullying can constitute criminal offences:
Assault / Battery – physical harm.
Threats / Coercion – threats of violence.
Harassment / Stalking – repeated unwanted attention causing fear.
Defamation / Insult – harming reputation.
Finnish Law:
Chapter 21, Section 5: Assault.
Chapter 25, Section 7: Coercion.
Chapter 24, Section 9: Harassment.
(b) Hazing
Definition: Hazing is a ritualistic initiation process often in schools, universities, sports teams, or military, that humiliates, abuses, or endangers the newcomer.
Legal Basis:
Hazing can involve:
Physical assault
Sexual harassment
Forced labor or dangerous tasks
Finnish law criminalizes these acts under general assault, unlawful threat, or, if severe, manslaughter or negligent homicide if hazing causes death.
Educational / institutional regulations also penalize hazing, but criminal law applies if the conduct crosses into violence, harassment, or coercion.
2. Elements of Criminal Liability
Intentionality (Mens Rea): Most criminalized bullying or hazing acts require intent to harm or recklessness regarding harm.
Repetition: In cases of bullying, repeated acts over time can influence severity.
Result / Harm: Psychological harm (e.g., mental health impact) can be considered, but physical harm usually triggers harsher penalties.
Victim Vulnerability: Special consideration is given when the victim is a minor, a student, or otherwise vulnerable.
3. Finnish Legal Framework on Hazing / Bullying
Assault (Väkivalta / Pahoinpitely) – Chapter 21, Sections 5–9
Covers physical violence in bullying or hazing.
Aggravated assault applies if serious injury occurs.
Coercion / Threat (Pakottaminen / Uhkaus) – Chapter 25
Hazing may include forcing a victim to perform humiliating acts.
Harassment (Häirintä) – Chapter 24, Section 9
Covers psychological harassment, repeated bullying, stalking-like behavior.
Negligent Homicide / Manslaughter – Chapter 21, Sections 4–6
If hazing causes death through reckless or negligent acts.
Sexual Harassment / Abuse – Chapter 20, Sections 6–10
Hazing in university or military settings sometimes involves sexualized abuse.
4. Case Law Examples
Case 1: High School Hazing Leading to Assault Conviction
Facts: A Finnish high school senior group forced freshmen to perform humiliating physical tasks. One victim was physically assaulted.
Charges: Assault and harassment under Chapter 21 & 24.
Court Decision: The perpetrators were convicted of assault, fined, and received conditional imprisonment.
Significance: Courts recognize hazing rituals as potential criminal assault even when framed as “tradition” or “fun.”
Case 2: University Student Hazing – Death by Negligence
Facts: During an initiation ritual in a Finnish university fraternity, a student was forced to consume excessive alcohol and suffered fatal alcohol poisoning.
Charges: Negligent homicide (manslaughter), endangering safety, and harassment.
Court Decision: Two senior members were convicted of negligent homicide; the court noted the ritualized nature of hazing increased criminal liability.
Significance: Hazing with serious risk of death triggers criminal responsibility even if death was unintentional.
Case 3: Workplace Bullying Leading to Criminal Harassment
Facts: An employee repeatedly harassed a junior colleague with threats, humiliating comments, and exclusion.
Charges: Harassment under Chapter 24, Section 9.
Court Decision: Perpetrator convicted; fined and ordered to attend counseling.
Significance: Demonstrates criminal liability for bullying beyond physical violence, extending to psychological harm.
Case 4: Military Hazing and Coercion
Facts: New recruits in a Finnish military unit were subjected to forced strenuous labor, physical punishment, and verbal abuse.
Charges: Coercion (Chapter 25) and assault (Chapter 21).
Court Decision: Perpetrators convicted; penalties included imprisonment and dismissal from military service.
Significance: Hazing in hierarchical institutions like the military is recognized as criminal if it involves force, intimidation, or physical harm.
Case 5: Hazing Involving Sexual Harassment
Facts: Female students in a Finnish university were subjected to unwanted sexualized games as part of initiation.
Charges: Sexual harassment (Chapter 20, Section 6), coercion, and harassment.
Court Decision: Convictions on multiple counts; custodial sentences imposed in aggravated cases.
Significance: Highlights that sexualized hazing is treated as criminal sexual misconduct, not just “prank” or tradition.
Case 6: Cyberbullying Leading to Suicide Attempt
Facts: A group of students repeatedly sent threatening and humiliating messages to a classmate via social media. The victim attempted suicide.
Charges: Harassment, threat, and incitement to self-harm.
Court Decision: Perpetrators convicted; sentences included fines, conditional imprisonment, and counseling.
Significance: Recognizes cyberbullying as criminal harassment; demonstrates modern adaptation of laws to digital abuse.
5. Key Principles Derived from Case Law
Hazing is Not a “Tradition” Defense
Finnish courts do not allow claims of cultural or institutional tradition to excuse assault, coercion, or sexual abuse.
Repeated Psychological Abuse Counts
Harassment, bullying, or cyberbullying can lead to criminal liability even if physical harm is absent.
Risk and Outcome Affect Severity
Physical injury or death (even if accidental) escalates charges from harassment/assault to negligent homicide.
Institutional Hierarchy Increases Liability
Hazing in universities, fraternities, or the military carries aggravating factors because of power imbalance.
Digital Platforms Included
Criminal law covers repeated threats or harassment online, reflecting evolving forms of bullying.
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