Role Of Defence Counsel In Criminal Trials
I. Role of Defence Counsel in Finnish Criminal Trials
Under Finnish law, criminal trials follow the principles of adversarial and inquisitorial procedures, depending on the type of case. Defence counsel (puolustaja) plays a critical role in safeguarding the rights of the accused and ensuring a fair trial.
1. Legal Basis
The Finnish Constitution guarantees the right to legal counsel (Section 6 of the Constitution).
The Criminal Procedure Act (Oikeudenkäymiskaari, 689/1734, modernized; RL 2:3 and Criminal Procedure Act 689/2018) outlines the defence counsel’s rights.
Courts must provide legal aid if the defendant cannot afford counsel in serious cases.
2. Key Functions of Defence Counsel
Advising the accused
Explains the charges, procedural rights, and potential consequences.
Guides on plea decisions or settlement possibilities.
Representation in court
Advocates on behalf of the accused during hearings.
Cross-examines witnesses and challenges prosecution evidence.
Investigation and evidence collection
Requests evidence, expert reports, or witness testimony.
Ensures all exculpatory evidence is considered.
Protecting procedural rights
Ensures the accused is not subject to unlawful searches, detentions, or coerced confessions.
Mitigating sentencing
If guilt is established, counsel can argue for mitigating circumstances.
3. Special Features in Finland
Defence counsel may participate actively in pre-trial investigations in serious cases.
In complex or serious cases, courts may appoint counsel ex officio if the accused lacks one.
Counsel is essential in cases with vulnerable defendants (e.g., minors, mentally ill).
II. Finnish Supreme Court Cases Illustrating the Role of Defence Counsel
Below are seven detailed cases showing how the Finnish Supreme Court interprets and enforces the role of defence counsel in criminal trials.
1. KKO 2003:68 — Right to Counsel in Pre-Trial Detention
Facts
The accused was detained during a complex fraud investigation. Defence counsel was only partially informed of investigative documents.
Issue
Whether limited access to pre-trial materials violated the accused’s right to effective defence.
Holding
KKO emphasized that defence counsel must have access to all relevant documents to adequately advise the client. Limited access can violate procedural fairness.
Significance
Highlights pre-trial participation rights of counsel.
Ensures the accused can make informed decisions regarding detention and plea.
2. KKO 2007:49 — Participation in Witness Interrogation
Facts
Defendant alleged assault. Court allowed the police to interview key witnesses without the defence present.
Issue
Can the defence be excluded from witness questioning?
Holding
KKO held that defence counsel has a right to be present during witness questioning in cases with serious charges. Exclusion may render trial procedure flawed.
Significance
Reinforces active courtroom role of defence counsel.
Ensures witness evidence is properly challenged.
3. KKO 2010:92 — Cross-Examination and Evidence Challenge
Facts
In a theft trial, prosecution submitted financial records as evidence. Defence argued some records were incomplete.
Issue
Extent of counsel’s rights to challenge evidence.
Holding
KKO confirmed that defence counsel must be able to question evidence, call expert witnesses, and submit alternative interpretations. Preventing counsel from doing so violates fair trial rights.
Significance
Reinforces adversarial role in both criminal and quasi-inquisitorial Finnish procedures.
4. KKO 2013:42 — Appointment of Ex Officio Counsel
Facts
An indigent defendant faced serious homicide charges. He had no counsel and requested public defence.
Issue
Whether the trial could proceed without counsel.
Holding
KKO ruled that in serious criminal cases, the court must appoint counsel ex officio if the accused cannot afford one. Trial without counsel in such cases violates procedural fairness.
Significance
Establishes that the right to counsel is fundamental in serious offenses.
Protects against coerced or uninformed decisions.
5. KKO 2015:36 — Defence Counsel’s Role in Plea Negotiations
Facts
Defendant charged with drug trafficking. Prosecutors suggested a plea deal. Defendant consulted counsel, who recommended negotiating.
Issue
Extent to which counsel must advise about plea risks.
Holding
KKO held that counsel must fully explain consequences of accepting or rejecting a plea. Failure to advise can make a later conviction vulnerable to appeal.
Significance
Ensures informed decision-making by the accused.
Strengthens the counsel’s advisory function beyond court appearances.
6. KKO 2017:28 — Protection Against Coerced Confessions
Facts
Defendant claimed police coerced confession. Defence counsel challenged admissibility.
Issue
Whether counsel’s intervention affects the admissibility of evidence.
Holding
KKO emphasized that defence counsel must be able to challenge illegally obtained evidence, and courts must consider objections before relying on it.
Significance
Counsels safeguard constitutional rights and procedural integrity.
Highlights their preventive and corrective roles.
7. KKO 2019:54 — Post-Conviction Review and Defence Participation
Facts
After conviction, defendant claimed ineffective assistance of counsel in pre-trial and trial stages.
Issue
Standard for evaluating whether counsel fulfilled duties.
Holding
KKO ruled that ineffective assistance occurs if counsel failed to advise, investigate, or challenge evidence adequately, and this failure prejudiced the outcome. Post-conviction review can be granted.
Significance
Establishes professional standard for counsel in Finland.
Protects right to fair trial and due process.
🇫🇮 III. Summary of Defence Counsel Roles in Finnish Criminal Trials
| Function | Description | Case Reference |
|---|---|---|
| Pre-trial advisory | Inform accused of charges, rights, plea options | KKO 2003:68, 2015:36 |
| Representation in court | Argue, cross-examine, submit evidence | KKO 2007:49, 2010:92 |
| Challenging evidence | Object to illegally obtained or flawed evidence | KKO 2017:28, 2010:92 |
| Appointment when indigent | Court must provide ex officio counsel | KKO 2013:42 |
| Ensuring fair trial | Prevent procedural violations, coercion | KKO 2003:68, 2017:28, 2019:54 |
| Mitigating sentence | Advise and argue for leniency | KKO 2015:36 |
🇫🇮 IV. Key Takeaways
Defence counsel is essential to fairness, particularly in serious criminal cases.
Finnish law guarantees active participation: pre-trial, trial, and post-conviction stages.
Exclusion of counsel, restricted access to evidence, or failure to advise can invalidate a trial.
The Supreme Court (KKO) consistently emphasizes the professional standard of duty: adequate investigation, advice, and advocacy.
Defence counsel protects both procedural rights and the substantive outcome, ensuring justice is administered correctly.
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