Victim’S Right To Participate In Prosecution

03 Nov 2025 --
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1. Legal Framework in Finland

In Finland, the victim’s right to participate in prosecution is primarily governed by:

Criminal Procedure Act (Rikoslaki, 3 & 6 Chapters):

Victims can act as private complainants (yksityisasiamies / asianomistaja) in certain criminal cases.

They have the right to propose charges, submit evidence, and participate in court proceedings.

Victim’s Rights Act (Laki rikoksen uhrin asemasta ja oikeuksista, 2015/1055):

Ensures victims are informed about case progress, hearings, and outcomes.

Grants participation rights in prosecution, including making statements, claiming damages, and being represented.

Key principles:

Victims have a direct legal role in prosecution for certain offenses.

Victim participation does not replace the state prosecution, but complements it.

Courts must ensure victims’ rights without violating the defendant’s right to a fair trial.

2. Key Finnish Cases on Victim Participation

Case 1: KKO 1995:23 — Victim as Private Complainant

Facts: The victim of assault initiated criminal proceedings as a private complainant after the prosecutor declined to charge.

Issue: Whether the victim could participate independently in prosecution.

Decision: The Supreme Court confirmed that victims have the right to prosecute crimes personally in cases classified as “private prosecution offenses” (e.g., minor assaults).

Principle: Victims can pursue prosecution when public authorities decline, ensuring access to justice.

Case 2: KKO 2002:58 — Right to Present Evidence

Facts: A sexual assault victim sought to submit additional evidence to support prosecution after the initial investigation.

Issue: Whether the court must accept evidence proposed by the victim.

Decision: The Supreme Court ruled that victims have the right to present evidence, provided it is relevant and obtained legally.

Principle: Victims’ participation extends to evidence submission, enhancing the prosecutorial process.

Case 3: KKO 2006:14 — Victim Participation in Court Hearings

Facts: In a domestic violence case, the victim requested to be present during trial proceedings.

Issue: Whether the victim could attend hearings, despite the defendant’s objection.

Decision: The Court held that victims have the right to attend and make statements in court, balancing it against the defendant’s right to a fair trial.

Principle: Victims’ participation includes court presence and statements, subject to procedural safeguards.

Case 4: KKO 2010:19 — Claiming Damages During Prosecution

Facts: A robbery victim sought compensation through the criminal trial rather than separate civil proceedings.

Issue: Can victims claim damages while participating in prosecution?

Decision: The Supreme Court confirmed that victims can seek compensation directly in criminal proceedings, and courts must consider these claims alongside prosecution.

Principle: Participation allows victims to integrate civil claims with criminal prosecution.

Case 5: KKO 2015:22 — Victim’s Right to Appeal

Facts: After the acquittal of the accused, the victim wanted to appeal the decision.

Issue: Whether victims have the right to appeal in criminal cases.

Decision: The Court allowed the victim to join the appeal as a private complainant, especially for offenses prosecutable only at the victim’s initiative.

Principle: Victims can actively participate in appeals, safeguarding their interests.

Case 6: KKO 2017:33 — Victim Participation in Sexual Offense Case

Facts: A minor victim in a sexual offense trial sought active involvement in prosecution and evidence collection.

Issue: How to ensure victim participation without trauma or intimidation.

Decision: The Supreme Court emphasized supportive measures, such as intermediaries, video testimony, and legal representation for victims.

Principle: Victim participation must protect the victim’s well-being while allowing effective prosecution.

Case 7: KKO 2020:11 — Right to Information on Case Progress

Facts: The victim of financial fraud claimed the authorities failed to inform them of prosecution progress.

Issue: Do victims have a legal right to ongoing case information?

Decision: The Court reaffirmed that victims must be informed about key developments, including charges, hearings, and verdicts.

Principle: Effective participation requires timely access to case information.

3. Key Principles from Finnish Case Law

Private Complainant Rights: Victims may act as complainants when prosecution is discretionary.

Evidence Participation: Victims can submit evidence relevant to prosecution.

Court Presence: Victims have the right to attend hearings and make statements.

Damages Claims: Victims may integrate compensation claims into criminal proceedings.

Appeal Rights: Victims may join appeals as private complainants.

Support Measures: Especially for minors or traumatized victims, measures like intermediaries or video testimony ensure safe participation.

Right to Information: Victims must be informed about case developments and outcomes.

4. Summary Table of Selected Cases

Case	Year	Facts	Issue	Decision	Principle
KKO 1995:23	1995	Assault victim prosecuted personally	Right to private prosecution	Allowed	Victims can pursue charges when public authorities decline
KKO 2002:58	2002	Sexual assault victim presented new evidence	Evidence submission	Allowed	Victims can submit evidence
KKO 2006:14	2006	Domestic violence victim attending trial	Court presence	Allowed	Victims can attend hearings with safeguards
KKO 2010:19	2010	Robbery victim claimed damages	Compensation claims	Allowed	Victims can claim damages in prosecution
KKO 2015:22	2015	Acquittal appeal	Right to appeal	Allowed	Victims can participate in appeals
KKO 2017:33	2017	Minor sexual offense victim	Trauma protection	Allowed with measures	Participation must ensure victim well-being
KKO 2020:11	2020	Fraud victim not informed	Right to information	Confirmed	Victims must receive case updates

Conclusion:

Finnish law strongly supports victim participation in prosecution, balancing victim rights with the accused’s right to a fair trial. Courts consistently allow victims to act as private complainants, submit evidence, claim damages, attend hearings, and appeal, with special measures to protect vulnerable victims.