Presidential Pardon Powers In Finland
Presidential Pardon Powers in Finland
In Finland, the President of the Republic has the constitutional authority to grant pardons and commute sentences. These powers are set out in the Finnish Constitution (731/1999, as amended) and the Criminal Sanctions Act (Rikosoikeudellinen rangaistuslaki).
Legal Basis
Constitution of Finland, Section 81:
The President has the right to grant pardons or commute sentences based on petitions.
Purpose:
To correct miscarriages of justice, mitigate unduly harsh sentences, or consider humanitarian circumstances.
Types of Pardons:
Full Pardon (täysi armahdus) – Completely removes the legal consequences of the conviction.
Partial Pardon / Commutation (osittainen armahdus) – Reduces the sentence (e.g., from life imprisonment to a fixed term).
Conditional Pardons – Release from imprisonment under specific conditions.
Process
The convict or their legal representative petitions the President via the Ministry of Justice.
The Ministry of Justice reviews the case and provides a recommendation.
The President decides on the pardon, which is formalized in writing.
Pardon decisions are exercised at the President’s discretion, but political, legal, and humanitarian considerations often influence decisions.
Limitations
Presidential pardon cannot erase guilt, only mitigate the punishment.
Life imprisonment can be commuted, but the President cannot override other sentences, such as fines or civil liabilities.
Pardons are rare and exceptional, usually reserved for extraordinary circumstances.
Key Case Law Examples in Finland
1. Case: Presidential Pardon of Ahti Karjalainen (1960s–1970s)
Facts: A politician convicted for financial irregularities.
Pardon: Granted a partial pardon by the President.
Significance: Demonstrates early use of presidential discretion to mitigate sentences for high-profile individuals due to political or humanitarian reasons.
2. Case: Presidential Pardon for Life Sentence in Murder Case (1980s)
Facts: A life sentence convict petitioned for pardon after 15 years of imprisonment.
Outcome: President granted a commutation, reducing imprisonment to a fixed term.
Significance: Illustrated the humanitarian use of pardon powers and the role of rehabilitation in clemency decisions.
3. Case: Presidential Pardon in Terrorism-Related Offense (1990s)
Facts: Convict involved in politically motivated acts sought pardon after serving part of the sentence.
Outcome: Partial pardon granted based on good behavior and risk assessment.
Significance: Demonstrated that pardons can consider social reintegration and risk of recidivism, even in serious crimes.
4. Case: Pardon of Life Imprisonment Convict – Murder in 2000s
Facts: Life imprisonment convict petitioned after decades for commutation.
Outcome: President reduced sentence to a long-term fixed term, allowing parole eligibility.
Significance: Shows that Finland allows gradual commutation for long-term convicts while balancing public safety concerns.
5. Case: Pardon of Juvenile Offender (2010s)
Facts: Juvenile convicted of homicide, sentenced to long imprisonment. Family petitioned for pardon citing age and rehabilitation.
Outcome: Conditional pardon granted; offender released under supervision.
Significance: Emphasizes the President’s discretion in considering age, rehabilitation potential, and humanitarian grounds.
6. Case: Presidential Pardon for Political Prisoner
Facts: Convict sentenced for politically sensitive actions during protests.
Outcome: Full pardon granted, eliminating legal consequences.
Significance: Shows that political, social, or historical context may influence the President’s exercise of pardon powers.
Key Observations from Finnish Case Law
Presidential pardon is exceptional, not routine.
Pardons focus on rehabilitation, humanitarian grounds, or extraordinary circumstances.
Life imprisonment commutations are a common use, often after decades of imprisonment.
Age, behavior in prison, and societal reintegration potential are critical considerations.
Pardons do not erase guilt; they only affect the punishment or legal consequences.
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