European Arrest Warrant Practice
✅ 1. Legal Framework: European Arrest Warrant (EAW)
The European Arrest Warrant (EAW) is a judicial mechanism that allows simplified extradition between EU member states for prosecution or enforcement of a sentence. It was established under Council Framework Decision 2002/584/JHA. Finland, as an EU member state, has implemented EAW provisions under Finnish Criminal Procedure Act (Rikoslaki) and Act on the European Arrest Warrant (Laki eurooppalaisesta pidätysmääräyksestä, 2004/689).
1.1 Relevant Principles
Mutual Recognition
EAW relies on mutual trust between member states’ judicial systems.
Dual Criminality
For most offenses listed in the framework, dual criminality is not required; for others, it is necessary.
Grounds for Refusal
Fundamental rights concerns
Risk of inhumane detention or unfair trial
Amnesty or statute of limitations
Time Limits
Executing state must act promptly (usually within 60 days of arrest).
Judicial Review
Finnish courts review the legality of surrender requests but cannot question the merits of the original case in another member state.
✅ 2. Procedure for European Arrest Warrant in Finland
Issuance
EAW issued by judicial authority in requesting state.
Execution
Finnish authorities (police and courts) locate and arrest the person.
Hearing
Court evaluates formal criteria and grounds for refusal.
Surrender Decision
Ordered by district court or court of appeal, depending on gravity.
Appeal
Appeal possible to higher courts within Finland.
✅ 3. Illustrative European Arrest Warrant Cases Involving Finland
Below are six representative cases illustrating Finnish practice regarding EAW.
CASE 1: EAW for Drug Trafficking
Facts:
Finnish authorities received an EAW for a suspect located in Finland, accused of large-scale drug trafficking in Spain.
Legal Issue:
Can surrender be granted for organized crime under EAW?
Court Analysis:
Offense listed as serious under EAW framework; dual criminality not required.
No evidence of fundamental rights violations in requesting state.
Outcome:
Finnish court ordered surrender; suspect extradited to Spain.
Significance:
EAW enables swift cross-border cooperation for serious organized crime.
CASE 2: EAW for Fraud Offense
Facts:
35-year-old Finnish resident targeted by EAW from Italy for large-scale fraud.
Legal Issue:
Dual criminality examined: is fraud in Italy punishable similarly in Finland?
Court Analysis:
Fraud is criminalized in both states; no legal impediment to surrender.
Outcome:
Finnish court approved extradition, defendant surrendered.
Significance:
Dual criminality plays a role for offenses not automatically listed in framework schedule.
CASE 3: Refusal Based on Human Rights Concern
Facts:
Suspect facing EAW from Poland for theft; claimed poor prison conditions would violate human rights.
Legal Issue:
Can Finnish court refuse surrender due to risk of inhumane treatment?
Court Analysis:
Court evaluated prison conditions and risk of Article 3 ECHR violation.
Outcome:
Finnish court refused surrender due to credible risk of inhumane detention.
Significance:
Human rights safeguards can override EAW obligations.
CASE 4: EAW for Domestic Violence
Facts:
Finnish national accused in Sweden of repeated domestic violence.
Legal Issue:
Can surrender be ordered for personal safety crimes?
Court Analysis:
Dual criminality satisfied; Swedish law compatible with Finnish law on assault.
Outcome:
Surrender approved; defendant extradited to face prosecution.
Significance:
EAW covers both violent crimes and property crimes across borders.
CASE 5: EAW Withdrawal After Arrest
Facts:
Finnish police arrested suspect under UK-issued EAW. UK authorities later withdrew request due to insufficient evidence.
Legal Issue:
Effect of withdrawal after arrest but before surrender?
Court Analysis:
Finnish law requires immediate release if EAW no longer valid.
Outcome:
Suspect released from custody.
Significance:
EAW execution depends on active and valid request; withdrawal halts proceedings.
CASE 6: EAW and Appeal on Procedural Grounds
Facts:
Defendant arrested in Finland under EAW for cybercrime in Germany; contested procedural irregularities.
Legal Issue:
Can Finnish court review procedural defects in issuing state?
Court Analysis:
Courts may examine formal compliance and admissibility but cannot review merits of foreign investigation.
Outcome:
Finnish court confirmed arrest as valid; extradition proceeded.
Significance:
Finnish courts ensure procedural safeguards while respecting mutual recognition.
✅ 4. Key Takeaways from Finnish EAW Practice
Broad applicability: Drugs, fraud, violent crimes, cybercrime, and organized crime.
Human rights protections: Grounds for refusal include risk of inhumane treatment.
Dual criminality: Necessary for some offenses, not for serious listed crimes.
Procedural checks: Courts review formal validity, but not the merits of foreign case.
Prompt execution: Finnish authorities adhere to EAW timelines to avoid prolonged detention.
Flexibility: Withdrawal or amendment of EAW results in immediate release if request is invalid.
Finnish practice shows that the EAW system effectively balances cross-border cooperation with human rights safeguards, ensuring that serious crimes are prosecuted while protecting individual rights.
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