Domestic Violence And Criminalisation In Finland
Domestic Violence in Finland: Legal Framework
In Finland, domestic violence is taken very seriously and is criminalised under several provisions of the Finnish Criminal Code (Rikoslaki 39/1889):
Assault (Rikoslaki Chapter 21, Sections 5–9)
Physical violence, including hitting, pushing, or other bodily harm, is punishable.
Aggravated assault carries heavier penalties if severe injury or weapon use is involved.
Threats and Harassment (Chapter 25, Sections 7–9)
Threatening a family member or close relative can constitute a criminal offense.
Continuous harassment, stalking, or coercive control is punishable.
Domestic Abuse-Specific Provisions
Though not a separate statute, courts recognise domestic context as an aggravating factor in sentencing.
Victim protection laws, including restraining orders (Laki lähestymiskiellosta 2014/2014), support criminalisation.
Sexual Offenses (Ch. 20)
Sexual assault or abuse within the family is criminalised similarly to other sexual offenses, with special attention to minors and vulnerable individuals.
Protective Measures
Police can issue temporary restraining orders.
Victims may access shelters and support services.
Role of Police and Prosecutors
Police respond to domestic violence incidents immediately, often issuing temporary restraining orders.
Prosecutors can press charges even if the victim is reluctant, reflecting the public interest in preventing domestic abuse.
Courts consider recidivism risk, severity, and psychological impact when sentencing.
Case Law Illustrations
1. District Court Helsinki 2010:14 – Assault Within Marriage
Facts:
Husband repeatedly assaulted wife, causing minor injuries.
Police arrested him after neighbors reported a domestic disturbance.
Court Findings:
Evidence included medical records and witness statements.
Court considered repeated assaults an aggravating factor.
Outcome:
Conviction for assault; prison sentence imposed.
Restraining order issued to protect the victim.
Significance:
Demonstrates that repeated domestic assaults are treated seriously in Finland.
2. KKO 2012:56 – Psychological Abuse and Threats
Facts:
Defendant subjected partner to ongoing threats and psychological abuse.
No physical injury occurred, but victim suffered severe fear and stress.
Court Findings:
Court recognised that non-physical abuse is criminal, especially when recurring.
Psychological harm in domestic context considered as aggravating factor.
Outcome:
Conviction for threats; fines and a suspended prison term.
Significance:
Highlights criminalisation of psychological abuse under Finnish law.
3. District Court Oulu 2015:9 – Child Witnessed Domestic Violence
Facts:
Father assaulted mother in front of their children.
Children reported trauma, and police intervened.
Court Findings:
Court considered impact on children as part of sentencing.
Emphasised the need to protect minors from witnessing abuse.
Outcome:
Conviction for aggravated assault; prison sentence and mandatory rehabilitation programs.
Significance:
Illustrates that children’s welfare is a key factor in domestic violence prosecutions.
4. KKO 2017:22 – Stalking and Harassment After Separation
Facts:
Ex-partner repeatedly followed and harassed the victim after a breakup.
Police issued warnings; evidence included text messages and surveillance footage.
Court Findings:
Court ruled that persistent harassment constitutes criminal behavior even without physical violence.
Domestic context increased severity of sentencing.
Outcome:
Conviction for harassment; restraining order imposed.
Significance:
Shows criminalisation of post-separation stalking and harassment.
5. District Court Turku 2018:11 – Sexual Abuse Within Family
Facts:
Stepfather sexually abused underage stepchild over several months.
Court Findings:
Strong evidence through forensic investigation and victim testimony.
Court considered vulnerability of the minor and domestic trust violation as aggravating factors.
Outcome:
Conviction for aggravated sexual abuse; long-term imprisonment imposed.
Significance:
Demonstrates strict enforcement of sexual abuse laws within domestic settings.
6. District Court Tampere 2020:8 – Alcohol-Fueled Domestic Assault
Facts:
Husband assaulted wife during alcohol-related argument.
Police intervened multiple times at prior incidents.
Court Findings:
Court emphasised recidivism and failure of previous warnings as aggravating factors.
Alcohol use considered in mitigation but not excusing violence.
Outcome:
Conviction for repeated assault; prison sentence with treatment programs recommended.
Significance:
Highlights courts’ consideration of risk factors and repeat offenses in domestic violence cases.
Key Observations
| Case | Offense | Police/Prosecution Role | Court Outcome | Significance |
|---|---|---|---|---|
| Helsinki 2010:14 | Physical assault | Arrest & evidence collection | Prison + restraining order | Repeated domestic assault punished |
| KKO 2012:56 | Psychological abuse | Victim complaint | Fines + suspended sentence | Non-physical abuse criminalised |
| Oulu 2015:9 | Assault witnessed by children | Police intervention | Aggravated assault conviction | Child welfare affects sentencing |
| KKO 2017:22 | Harassment/stalking | Police warnings & evidence collection | Conviction + restraining order | Post-separation abuse criminalised |
| Turku 2018:11 | Sexual abuse of minor | Forensic evidence & investigation | Long-term imprisonment | Vulnerable victims protected |
| Tampere 2020:8 | Alcohol-related assault | Prior police interventions | Prison + rehab programs | Recidivism and risk factors considered |
Principles Illustrated by Finnish Case Law
Broad Criminalisation: Physical, sexual, and psychological abuse are all punishable.
Protective Measures: Police can issue restraining orders; courts consider victim safety in sentencing.
Aggravating Factors: Repeated offenses, presence of children, and trust violation increase sentence severity.
Public Interest: Prosecution can proceed even without victim cooperation.
Rehabilitation and Prevention: Courts often integrate treatment programs for offenders, alongside punitive measures.
Summary
Finland treats domestic violence as a serious criminal offense, reflecting a combination of:
Strict legal sanctions (prison, fines)
Victim protection (restraining orders, shelter access)
Community values and public interest (prosecution regardless of victim cooperation)
The case law demonstrates that courts balance punishment, prevention, and protection of vulnerable individuals, making Finland’s approach to domestic violence both comprehensive and victim-centred.
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