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NB: Unofficial translation

Ministry of Justice, Finland

Criminal Investigation Act

(805/2011; entry into force on 1 January 2014)
(amendments up to 1145/2013 included)

Chapter 1 - Provisions on the scope of application

Section 1 – Scope of application of the act

(1) The criminal investigation of an offence shall be conducted in accordance with
this Act, unless provided otherwise in another Act.
(2) What is separately provided in law regarding the use of coercive measures and
the obtaining of information by the criminal investigation authorities otherwise
applies.

Section 2 – Issues to be clarified in the criminal investigation

(1) The following shall be clarified in the criminal investigation:
(1) in the manner required by the nature of the matter, the suspected
offence, the circumstances in which it was committed, the damage
caused by it and the benefit obtained from it, the parties as well as the
other circumstances necessary for the consideration of prosecution and
of the sanction to imposed as a consequence of the offence;
(2) the possibilities for the return of property obtained through the offence
and for enforcement of forfeiture to be ordered as a consequence of the
offence or for compensation to be paid to an injured party;
(3) the private law claim of the injured party if, on the basis of Chapter 3,
section 9 of the Criminal Procedure Act (689/1997), he or she has
requested that the prosecutor present his or her claim; and
(4) whether the injured party consents, and whether the person suspected
of the offence intends to consent, to having the matter considered in
District Court in the written procedure referred to in Chapter 5(a) of the
Criminal Procedure Act.
(2) The matter shall be prepared in the criminal investigation so that the
consideration of prosecution and the protection of the interests of the parties can
be done in an appropriate manner and so that the submission of evidence can be
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done in the main proceedings at one and the same time, or so that the matter can
be decided in written procedure.

Chapter 2 – Participants in the criminal investigation

Section 1 – The authorities in the criminal investigation

(1) The criminal investigation is conducted by the police.
(2) In addition to the police, the border guard, customs and military authorities
are criminal investigation authorities as provided in respect of their criminal
investigation competence in the Border Guard Act (578/2005), the Customs Act
(1466/1994), the Military Discipline Act (331/1983) and the Act on the
Performance of Police Functions in the Defence Forces (1251/1995).
(3) In addition to the criminal investigation authorities, the prosecutor
participates in the criminal investigation.

Section 2 – Head investigator

(1) The criminal investigation is directed by the head investigator, who is the
official with the power of arrest referred to in Chapter 2, section 9 of the Coercive
Measures Act (806/2011). However, the public prosecutor serves as the head
investigator only in the cases referred to in section 4, subsection 1. In a criminal
investigation conducted by the police, a detective sergeant or a police sergeant
may serve as head investigator for a reason connected with the nature of the
matter or for another corresponding justified reason, and in a criminal
investigation conducted by another authority, separate legislation provides which
official may serve as the head investigator.
(2) A general head investigator may be appointed as the superior of the head
investigators dealing with offences that are part of the same totality of offences,
and the general head investigator decides on the coordination of the criminal
investigation and may, for said purpose, issue orders to his or her subordinate
head investigators.

Section 3 - Investigator
The investigator, under the leadership and supervision of the head investigator,
conducts the questioning concerning the suspected offence and the other
criminal investigation measures and carries out the orders given by the head
investigator regarding the investigation of the matter and performs the other
measures which according to law are incumbent on the investigator.

Section 4 – Special investigation arrangements

(1) The public prosecutor directs the criminal investigation if a police officer is
suspected in an offence in the performance of his or her official duties. Even if an
offence that a police officer is suspected of having committed had not been
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committed in the performance of official duties, the public prosecutor may, when
this is required in view of the seriousness of the offence or otherwise by the
nature of the matter, decide to assume the duties of head investigator. In the
cases referred to above the public prosecutor may direct the criminal
investigation also to the extent that there is a suspect in the matter in addition to
a police officer, if this is appropriate for the clarification of the matter. The public
prosecutor shall not serve as head investigator if the matter is being considered
as a summary penal fine or as a summary penal judgment matter.
(2) When a public prosecutor acts as the head investigator, also he or she has the
same powers in that function as does a senior police officer acting as the head
investigator.
(3) An offence in which a police officer is the suspect is always investigated by a
police unit that is not his or her own, unless the matter is to be considered as a
summary penal fine or a summary penal judgment matter. Also otherwise the
police unit investigating the offence shall be designated so that confidence in the
objectiveness of the criminal investigation is not endangered.

Section 5 – The parties in the criminal investigation

(1) The parties in the criminal investigation are:
(1) the injured party;
(2) the suspect in the offence;
(3) another person whose rights, interests or obligations may be affected by
the offence and its clarification.
(2) The provisions of this Act regarding parties apply, as appropriate, also to a
person having the care and custody of the party or a trustee of the party, a lawful
body or other representative who is part of the management of the corporate
body, or to another lawful representative of the party.
(3) When necessary the head investigator decides whether or not a person is to be
deemed a party.

Section 6 – Counsel and support person

If a party has counsel or a support person, said person participates in the
criminal investigation as provided by law.

Section 7 – Disqualification of a criminal investigation official

(1) A head investigator, investigator and other criminal investigation official who
is disqualified may not participate in the criminal investigation.
(2) The question of the disqualification of a criminal investigation official shall be
decided without delay. The official himself or herself or if necessary his or her
superior decides the question of disqualification. If the public prosecutor acts as
the head investigator, he or she shall be heard on the question of the
disqualification of an investigator and he or she may take over the question for
decision.
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(3) A qualified official shall be appointed without delay in place of a disqualified

criminal investigation official. However, a criminal investigation official may, even
if disqualified, undertake an investigative measure that cannot be delayed
without endangering the clarification of the offence.

Section 8 – Grounds for disqualification

(1) A criminal investigation official is disqualified in the following cases:
(1) he or she or a person close to him or her is a party in the criminal
investigation;
(2) he or she or a person who is close to him or her serves as counsel or
represents a party or a person who may expect particular benefit or loss
from the decision in the matter;
(3) he or she or a person close to him or her as referred to in subsection 3
may expect particular benefit or loss from the decision in the matter;
(4) he or she is employed by or works, in the matter under consideration,
on the commission of a party or a person who may expect particular
benefit or loss from the decision in the matter;
(5) he or she or a person close to him or her as referred to in subsection 3,
paragraph 1 is a member of the board of directors, board of
administration or a comparable body or managing directors or in a
comparable position in such a society, foundation, state enterprise or
institution that is a party or that which may expect particular benefit or
loss from the decision in the matter;
(6) he or she or a person close to him or her as referred to in subsection 3,
paragraph 1 is a member of the board of directors or comparable body
of an agency or public service and the matter in question is subject to
the guidance or supervision of said agency or public service; or
(7) confidence in his or her objectiveness may be endangered for another
particular reason.
(2) Disqualification on the basis of subsection 1, paragraph 4 does not arise solely
on the grounds that the State is a party.
(3) The term “person close to” in subsection 1 refers to the following in relation to
a public official in a criminal investigation:
(1) the spouse and child, grandchild, sibling, parent, grandparent and a
person who is otherwise particularly close to him or her as well as the
spouse of such a person;
(2) a sibling of a parent and his or her spouse, a child of a sibling of the
public official and a former spouse of the public official; and
(3) a child, grandchild, sibling, parent and grandparent of the spouse as well
as the spouse of such a person and a child of a sibling of the spouse of
the public official.
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(4) Also a corresponding step-relative is deemed a person close to the public

official. The term “spouse” refers to a married spouse and to a person living in
marriage-like circumstances and in a civil union.

Chapter 3 – General provisions on the conduct of a criminal investigation

Section 1 – Recording of a report of an offence
(1) When an offence or an event that the reporting person suspects is an offence
is reported to the criminal investigation authority, the authority shall record the
report without delay. If the report is unclear or incomplete, the reporting person
shall if necessary be urged to specify or supplement the report.
(2) The obligation to record the report of an offence also applies to an offence that
comes to the attention of the criminal investigation authority other than in the
manner referred to in subsection 1, if the prerequisites referred to in section 9,
subsection 1 for waiving measures are not fulfilled.

Section 2 – Transfer of a report of an offence

If a report of an offence has been made to a criminal investigation authority in
whose functions the conduct of the investigation does not belong, said authority
shall immediately record the matter as received and deliver the report and the
other material that may possibly have been collected in the matter to the
appropriate criminal investigation authority, which shall record the report
without delay.

Section 3 – Conduct of the criminal investigation

(1) The criminal investigation authority shall conduct an investigation when, on
the basis of a report made to it or otherwise, there is reason to suspect that an
offence has been committed.
(2) Before initiating the criminal investigation, the criminal investigation authority
shall if necessary clarify the circumstances connected with the suspected offence
referred to in subsection 1, in particular so that no one is unjustifiably deemed a
suspect in the offence and so that, when the matter requires it, the decision
referred to in section 9, subsection 1 or section 10, subsection 1 on the waiving of
the criminal investigation can be made. The provisions of this Act apply as
appropriate to the measures that precede the initiation of the criminal
investigation.
(3) The head investigator decides when necessary on whether or not to conduct a
criminal investigation as well as on clarification of the matters that may possibly
be needed in order to make the decision. The criminal investigation measures
necessary to clarify the matter may be undertaken already before the decision of
the head investigator.
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Section 4 – Conduct of the criminal investigation of a complainant offence

(1) If the public prosecutor may bring charges for the offence only at the request
of the injured party (complainant offence), the criminal investigation is conducted
only if the injured party has notified the criminal investigation authority or the
public prosecutor that he or she requests that the offender be punished. If the
injured party withdraws his or her request for punishment, the investigation shall
be discontinued.
(2) The criminal investigation of a complainant offence may be initiated even if no
request for punishment has been made, if the injured party evidently is not yet
aware of the offence and the criminal investigation cannot be postponed without
endangering clarification of the offence. In such a case the injured party shall be
notified without delay of the initiation of the investigation. The investigation shall
be discontinued if the injured party, on being informed of the offence, does not
give notice that he or she requests that the offender be punished.
(3) If according to law the public prosecutor may in the public interest bring
charges for a complainant offence, even if the injured party does not request that
the offender be punished, the criminal investigation shall be conducted on the
request of the prosecutor.
(4) If proof that an offence has been committed is a legal prerequisite for the
undertaking of a measure or for the retention of a benefit, the criminal
investigation of a complainant offence shall be conducted to the extent necessary
on the request of the injured party, even if he or she does not request that the
offender be punished.

Section 5 – Investigation of a criminal act

(1) When a person under the age of 15 years is suspected of a criminal act, a
criminal investigation shall be conducted as necessary in order to clarify whether
a person who has reached the age of 15 years has been an accomplice in the act.
In such a case, the circumstances referred to in Chapter 1, section 2 shall be
clarified in the criminal investigation in respect of each suspect.
(2) In addition, a criminal investigation shall be conducted as necessary in
respect of a criminal act of which a person under the age of 15 years is
suspected:
(1) on the request of the injured party in order to recover lost property or to
enforce his or her right to compensation for the loss;
(2) in order to clarify the prerequisites for forfeiture; or
(3) in order to clarify the need for child welfare measures directed against the
suspect or another need to clarify an interest of the suspect.
(3) In the case referred to in subsection 2, paragraph 3 a criminal investigation
may be conducted even if the injured party in a complainant offence has not
presented the request referred to in section 4, subsection 1.
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Section 6 – Notice of the initiation of the criminal investigation

The head investigator shall notify the superior of an official referred to in Chapter
40, section 11, paragraph 1 of the Criminal Code (39/1889) of the initiation of a
criminal investigation for possible measures under civil service law, if the official
is suspected in an offence for which the maximum sentence is imprisonment for
at least four years. The head investigator has the right of notification also in
respect of the initiation of the criminal investigation of another offence of which
the official is suspected, if the offence under investigation is such that it can be
assumed to be of significance from the point of view of the performance of official
duties.

Section 7 – Measures requested by the parties

(1) Questioning and other criminal investigation measures requested by a party
shall be conducted if he or she demonstrates that they may affect the matter and
if they do not result in expenses that are unreasonable in view of the nature of
the matter.
(2) In the course of the criminal investigation, the head investigator or, on the
basis of Chapter 5, section 2, subsection 1 the public prosecutor, decides on
criminal investigation measures requested by a party. When the matter has been
transferred to the public prosecutor, the prosecutor decides on these.

Section 8 – Offence committed abroad

(1) The criminal investigation authority may investigation an offence suspected of
having been committed abroad if, in accordance with the provisions of Chapter 1
of the Criminal Code, Finnish law may be applied to the offence and if conduct of
the criminal investigation in Finland is appropriate in view of investigative
reasons and the determination of criminal liability. If investigation of such an
offence in Finland requires the prosecution order of the Prosecutor General
referred to in Chapter 1, section 12 of the Criminal Code, the public prosecutor
decides on the initiation of the criminal investigation.
(2) When an injured party reports an offence to the criminal investigation
authority that has been committed in the territory of another Member State of the
European Union, the report and request of the injured party shall be delivered to
the authority competent in the Member State in which the offence had been
committed, if the criminal investigation authority does not investigate the offence
on the basis of subsection 1. A further prerequisite for delivery is that the injured
party could not have reported the offence and presented his or her requests in the
state of commission or, in the case of a serious offence, he or she did not want to
do so.
(3) Separate provisions are contained in law on international cooperation in the
clarification of offences.

Section 9 – Waiver and discontinuation of the criminal investigation

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(1) The criminal investigation may be waived or an already initiated criminal

investigation may be discontinued in the case of an offence for which the
maximum punishment expected is a fine and which, when assessed as a whole,
is to be deemed manifestly petty, if the injured party has no requests in the
matter.
(2) However, if an authority, on the basis of what is provided elsewhere in law,
waives measures for the prosecution of the suspect, the criminal investigation
shall be conducted only for a particular reason.
(3) The decisions referred to in this section are made as necessary by the head
investigator.

Section 10 – Restriction of a criminal investigation

(1) The public prosecutor may, on the request of the head investigator, decide
that no criminal investigation is to be conducted or that the criminal investigation
shall be discontinued, if he or she, on the basis of Chapter 1, section 7 or 8 of the
Code of Criminal Procedure or on the basis of another corresponding provision,
should waive prosecution and if there is no important public or private interest
that would require the bringing of charges.
(2) The public prosecutor may, on the request of the lead investigator, also decide
that the criminal investigation shall be discontinued if the expenses of continuing
the investigation would be clearly disproportionate to the nature of the matter
under investigation and the possible sanction or if on the basis of the criminal
investigation measures already performed it is very probable that the public
prosecutor should waive prosecution on grounds other than those referred to in
subsection 1. Discontinuation of the criminal investigation also requires that
there is no important public of private interest that would require continuation of
the investigation.
(3) In the cases referred to in subsections 1 and 2 the criminal investigation shall
be recommenced if there is justified reason for this due to new factors which have
become evident in the matter.

Section 11 – Period of conduct of the criminal investigation

(1) The criminal investigation shall be conducted without undue delay.
(2) If a person under the age of eighteen is suspected in an offence or if a person
under the age of fifteen is suspected of a criminal act, the criminal investigation
shall be conducted urgently.
(3) When required by the circumstances, the criminal investigation measures may
be placed in order of priority.

Section 12 – Postponement of criminal investigation measures

Criminal investigation measures may be postponed on the decision of the head
investigator if the postponement is necessary for the clarification of the offence in
question or of another related offence and if the postponement does not endanger
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the life, health or liberty of a person or considerable danger to the environment,

property or assets.

Section 13 – Interruption of a criminal investigation

(1) After a criminal investigation has been initiated, it may be interrupted by the
decision of the head investigator if no one is suspected in the offence and if no
relevant clarification is available in the matter. In deciding on interruption of the
criminal investigation, particular attention shall be paid to the nature of the
suspected offence.
(2) The criminal investigation shall be continued without undue delay when there
are no longer prerequisites for interruption.

Section 14 – Prerequisites for a simplified criminal investigation

(1) In simple and clear matters, the criminal investigation may be conducted in a
simplified form as provided below if, in accordance with general sentencing
practice, no punishment more severe than a fine is expected for the offence.
(2) A simplified criminal investigation may be conducted in the case of an offence
for which a police officer is suspected only if the matter is dealt with as a
summary penal fine or summary penal judgment matter.
(3) The head investigator decides as necessary on whether the criminal
investigation is to be conducted in full or in a simplified form.

Chapter 4 – Criminal investigation principles and the rights of persons

participating in the criminal investigation

Section 1 – Principle of neutrality

Facts and evidence both for and against the suspect in the offence shall be
clarified and taken into account in the criminal investigation.

Section 2 – Presumption of innocence

In a criminal investigation, the suspect in the offence shall be presumed not
guilty.

Section 3 – The right against self-incrimination

The suspect has the right not to contribute to the clarification of the offence in
which he or she is suspected.

Section 4 – Principle of proportionality

A criminal investigation measure and the resulting encroachment into the rights
of a person shall be justifiable in proportion to the offence under investigation,
the need for clarifying the matter and the age, health and other corresponding
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factors related to the person who is the subject of the measure, and to other
circumstances that are relevant in the matter.

Section 5 – Principle of minimum inconvenience

(1) The criminal investigation may not encroach upon the rights of anyone beyond
what is necessary for the achievement of the purpose of the criminal
investigation.
(2) A criminal investigation measure may not cause anyone unnecessary harm or
inconvenience.

Section 6 – Principle of sensitivity

Parties in the criminal investigation and other persons participating in the
criminal investigation shall be treated in a sensitive manner.

Section 7 – Treatment of a child in criminal investigation

(1) In the criminal investigation, a person under the age of 18 years shall be
treated in the manner required by his or her age and level of development.
Particular care shall be taken so that criminal investigation measures do not
cause him or her unnecessary inconvenience at school, at work or in other
environments important to him or her.
(2) To the extent possible, investigation measures directed at persons under the
age of 18 years shall be assigned to investigators particularly trained in this
function. When necessary, the criminal investigation authority shall consult with
a physician or other expert on whether investigation measures may be directed at
a person under the age of 18 years.

Section 8 – Appointment of a trustee for a child

(1) The court shall appoint a trustee in the criminal investigation for a party
under the age of 18 years if there is justified reason to assume that the person
having care and custody of the child, the trustee or other legal representative can
not objectively ensure the interests of the party in the matter and the
appointment of a trustee is not evidently unnecessary. The head investigator shall
if necessary submit an application to the court for the appointment of a trustee.
The application may be submitted also by the public prosecutor, the city
administrative court that is acting as the social welfare authority referred to in
the Social Welfare Act (422/1999) or the body referred to in section 6, subsection
1 of the Social Welfare Act (710/1982) (social welfare authority). The appointment
as trustee is in force until the conclusion of the criminal proceedings following
the criminal investigation in respect of which the appointment has been made.
(2) The costs incurred in the appointment of the trustee and the fee and expenses
of the trustee are paid from State funds. In other respects, the provisions of the
Social Welfare Act apply as appropriate.
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Section 9 – The position of a person in criminal investigation

(1) When criminal investigation measures are directed against a person, he or she
shall be notified as soon as possible what his or her position is in the criminal
investigation. Such a notification obligation also applies in respect of changes in
this position.
(2) If the position of a person is not clear, he or she may be treated as a person to
be heard in the criminal investigation.

Section 10 – Right to retain counsel in a criminal investigation

(1) A party has the right in a criminal investigation to retain counsel of his or her
own choice. Before a party is to be heard, he or she shall be notified in writing of
said right, unless the matter is being considered in a simple criminal
investigation. The suspect in the offence shall be notified in writing of this right
without delay when he or she has been deprived of his or her liberty in
connection with apprehension, arrest or remand. The criminal investigation
authority shall also otherwise, with consideration to the offence under
investigation and to the circumstances connected with the investigation of the
offence and the party himself or herself, ensure that the right of a party to retain
counsel is in fact realized when he or she wants this or when the ensuring of due
process requires this. (1145/2013)
(2) The head investigator or the public prosecutor shall submit a request to the
court for the appointment of trial counsel or a support person for the injured
person if there is reason for this on the basis of the provisions of Chapter 2 of the
Criminal Procedure Act, and the appointment of a defender for the suspect in the
offence when there is reason for this on the basis of the provisions of section 1,
subsection 3 of said Chapter. When required by the nature of the offence, the
criminal investigation authority shall inquire whether the injured person
consents to the sending of his or her contact information to an agency providing
support services to injured persons, and if the injured person consents to this,
shall send the contact information without undue delay. (1145/2013)
(3) Chapter 11, section 3 contains provisions on the qualifications of counsel for a
party and on decisions on this.

Section 11 – Contact between the suspect and counsel

(1) A person suspected of an offence who has been apprehended, arrested or
remanded has the right to be in contact with his or her counsel by means of visit,
letter and telephone as provided in greater detail in the Remand Act (768/2005)
and the Act on the Treatment of Persons in the Custody of the Police (841/2006).
(2) The criminal investigation authority shall ensure that the confidentiality of
contact between the suspect and his or her counsel is ensured.

Section 12 – The working language of the criminal investigation

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(1) In the administrative district of a bilingual criminal investigation authority,

the language of the suspect in the offence is used in the criminal investigation,
either Finnish or Swedish. If the suspects speak different languages or if the
language of the suspect is not Finnish or Swedish, the criminal investigation
authority decides on the working language, with consideration to the rights and
interests of the parties. If the selection of the language cannot be made on this
basis, the language of the majority in the administrative district of the criminal
investigation authority shall be used. In a criminal investigation conducted by a
monolingual criminal investigation authority, the language of the administrative
district of the authority is used, unless the authority, with consideration to the
rights and interests of the parties, decides on the use of another language.
(2) However, notwithstanding subsection 1, everyone has the right in the criminal
investigation to use Finnish or Swedish in the manner provided in section 10 of
the Language Act (423/2003). The criminal investigation authority shall arrange
for interpretation or obtain an interpreter at State expense when the authority is
not required to speak the language of the person with whom it is in contact.
(3) The Sami Language Act (1086/2003) contains provisions on the right to use
the Sami language in the criminal investigation.
(4) Persons other than those speaking Finnish, Swedish or Sami have the right in
the criminal investigation to use a language that they understand and speak
sufficiently, and persons using sign language have the right to use this. The
criminal investigation authority shall ensure interpretation or obtain an
interpreter at State expense. The criminal investigation authority shall ascertain
whether or not the party needs interpretation. The criminal authority shall ensure
that the party receives the interpretation that he or she needs. A person who has
the skills required for the task, is honest and is otherwise suitable for the task
may serve as interpreter. The criminal investigation authority shall appoint a new
interpreter if legal safeguards for the party require this. The criminal investigation
authority may appoint a new interpreter for the task also for another weighty
reason. (770/2013)
(5) In the cases referred to in subsections 2 and 4 interpretation shall be arranged
also when this is necessary due to a sensory or speaking impediment of the
person to be heard.

Section 13 – Translation of a document (770/2013)

(1) A document or a portion thereof that is part of the criminal investigation
documentation and that is essential from the point of view of the matter shall be
translated in writing within a reasonable period into the language of the party
referred to in section 12, if translation is necessary to ensure the right of the
party.
(2) Notwithstanding the provisions in subsection 1, an essential document or a
part or summary thereof may be translated verbally for a party, unless legal
safeguards for the party require that the document be translated in writing.
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(3) The criminal investigation authority shall ensure that the party receives
sufficient knowledge of his or her right to translation of a document and if
necessary shall ascertain whether the party wants the translation of a document
referred to in this section. A party need not be provided with a translation of a
document if the party waives his or her right to a translation.
(4) The translation referred to in this section is done at the expense of the state,
unless the pre-trial investigation authority itself attends to the translation. A
person who has the skills required for the task, is honest and is otherwise
suitable for the task may serve as translator. The criminal investigation authority
shall appoint a new translator if legal safeguards for the party require this. The
criminal investigation authority may appoint a new translator for the task also for
another weighty reason.
(5) The provisions in the Language Act and the Sami Language Act on translation
apply also to the translation of a document.

Section 14 – The language of notices, summons and letters

(1) Section 19, subsection 3 of the Language Act and section 15, subsection 1 of
the Sami Language Act apply to the language to be used in notices, summons
and letters connected with the criminal investigation.
(2) A notice, summons or letter to be sent to a person who does not speak
Finnish, Swedish or Sami shall be sent, if possible, in a language that he or she
can be assumed to understand sufficiently.

Section 15 – The right of a party to obtain information on the criminal

investigation
(1) After the initiation of the criminal investigation a party has the right to obtain
information on matters that have led to and become apparent in the criminal
investigation.
(2) The criminal investigation authority may, during the criminal investigation,
restrict the right of a party to receive information on matters referred to in
subsection 1 if the provision of information would impede clarification of the
matter. Consideration shall be given also to restrictions in the Act on the
Openness of Government Activities (621/1999) and elsewhere in law on the right
of a party to obtain information.
(3) Chapter 9, section 7 contains provisions on the publicity of criminal
investigation documents.

Chapter 5 – Cooperation between the criminal investigation authority and

the public prosecutor

Section 1 – Notification to the prosecutor

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The criminal investigation authority shall inform the public prosecutor without
delay of a matter in which a police officer is a suspect in an offence, unless the
matter is to be dealt with as a summary penal fine or summary penal judgment
matter. In addition, the public prosecutor shall be notified of an offence that has
come under investigation, and the criminal investigation and the prosecutorial
authorities have jointly decided on the basis of their competence that notice shall
be given of such offences, or the public prosecutor has requested that notice be
given of such offences.

Section 2 – The competence of the public prosecutor in the criminal

investigation
(1) On the request of the public prosecutor, the criminal investigation authority
shall conduct a criminal investigation or perform a criminal investigation
measure. Also otherwise the criminal investigation authority shall comply with
orders given by the public prosecutor intended to ensure clarification of the
matter in the manner referred to in Chapter 1, section 2.
(2) After a matter has been transferred to the public prosecutor following the
conclusion of the investigation, the public prosecutor decides on criminal
investigation measures.
(3) Chapter 2, section 4 contains provisions on the function of the public
prosecutor as head investigator.

Section 3 – Obligation to cooperate

(1) The criminal investigation authority shall, in the manner required by the
nature or scope of the matter, notify the public prosecutor of the conducting of a
criminal investigation and of circumstances connected with criminal investigation
measures and otherwise of progress in the investigation. If the criminal
investigation authority has notified the public prosecutor of the opening of an
investigation in an offence, the head investigator shall, before concluding the
criminal investigation, hear the public prosecutor on whether the matter has
been clarified sufficiently in the manner referred to in Chapter 1, section 2, if the
nature or scope of the matter require that the public prosecutor be heard, or if
the intention is to conclude the criminal investigation without submitting the
matter to the prosecutor. The Coercive Measures Act contains provisions on the
notification obligation concerning the use of coercive measures.
(2) The public prosecutor shall participate to the extent necessary in the criminal
investigation in order to ensure that the matter is clarified in the manner referred
to in Chapter 1, section 2.
(3) The criminal investigation authority and the public prosecutor shall discuss
questions relating to the arrangement of cooperation in the criminal investigation.

Chapter 6 – Presence in the criminal investigation

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Section 1 – Obligation to attend a criminal investigation

(1) If there is reason to assume that a person may provide clarification regarding
an offence or if his or her presence in the performance of a criminal investigation
measure is otherwise necessary in order to clarify the offence, he or she is obliged
when summoned to attend the criminal investigation in the closest appropriate
criminal investigation office or to another corresponding criminal investigation
office. (1145/2013)
(2) The summons shall indicate the offence under investigation and the position
of the person being summoned in the criminal investigation.

Section 2 – Bringing a person to a criminal investigation

(1) If a person summoned to a criminal investigation does not comply with the
summons without a valid excuse, he or she may be brought to the investigation.
A suspect may be brought to the criminal investigation even without a summons
if the offence is punishable by imprisonment and it is probable that he or she
does not intend to comply with the summons or there is reason to suspect that if
he or she receives the summons he or she intends to hinder the investigation by
absconding, destroying evidence or otherwise.
(2) The head investigator decides on whether or not a person is to be brought. A
written order shall be issued to the person to be brought regarding this measure.
If, due to the urgency of the matter, the order cannot be issued in writing, the
person to be brought shall be informed at the time of apprehension of the order
and the facts on which it is based.
(3) Chapter 8, section 3, subsection 1 and section 4 of the Coercive Measures Act
contain provisions on search for the purpose of bringing a person to the
investigation.

Section 3 – Immediate hearing

(1) A person who is found at the scene of an offence or in its immediate vicinity
shall, on the order of a criminal investigation official conducting the criminal
investigation, remain there or come immediately to the closest appropriate
criminal investigation office that the criminal investigation official represents or to
another corresponding criminal investigation office. If he or she refuses to comply
with the order without a valid excuse or on the basis of his or her behaviour it is
probable that he or she will refuse to comply, said official may prevent him or her
from leaving the scene or apprehend him or her and take him or her for
questioning. (1145/2013)
(2) A person who is leaving the scene of an offence may be apprehended for the
issuing of the order referred to in subsection 1 if the circumstances are such that
the order cannot otherwise be conveyed to him or her and clarification of the
matter would otherwise be endangered.
 - 16 -

Section 4 – Initiation of investigation measures without delay

Investigation measures for which a person has arrived on request or has been
brought for the investigation or on the basis of section 3 has been ordered to
remain at the scene or taken to be heard, shall be initiated without delay.

Section 5 – Length of presence

(1) No one may be held in a criminal investigation longer than necessary.
(2) A person other than the suspect in an offence need not be present in the
criminal investigation for longer than six hours at a time. A suspect who has not
been arrested or remanded need not be present in the criminal investigation for
longer than 12 hours at a time or, if the prerequisites for arrest under Chapter 2,
section 5 of the Coercive Measures Act are fulfilled, for longer than 24 hours. A
person suspected of a criminal act committed under the age of 15 years is
obliged, for very weighty reasons, to be present at a time for more than 12 hours
and at the most 24 hours.
(3) A person who has been present in the criminal investigation is not obliged,
without a special reason, to be present, and cannot be brought, within the twelve
hours following when he or she has left the criminal investigation.

Section 6 – Preventing a person from leaving

A suspect in an offence who in accordance with section 5, subsection 2 is obliged
to be present in the criminal investigation and who has not been arrested or
remanded may be kept in the criminal investigation in locked premises, if this is
necessary to prevent him or her from leaving.

Section 7 – Notice to a military authority

Notice of the bringing or apprehension of a soldier for a criminal investigation or
his or her release shall be made to the head of the administrative unit in which
the soldier in question is serving.

Chapter 7 - Questioning

Section 1 – Presence of the person to be questioned

(1) The person to be questioned shall himself or herself be present in the
questioning.
(2) If the investigator deems that this would not inconvenience or compromise the
reliability of the investigation, a party may give his or her statement through an
attorney or by telephone or by other means of communication. Subject to the
same prerequisites, a witness may be questioned by telephone or by other means
of communication. The suspect may be questioned through an attorney only if
the offence in question is not punishable by other or more punishment than a
fine or imprisonment for six months.
 - 17 -

(3) Written accounts offered by a party and witness to supplement their statement
under questioning shall be accepted.

Section 2 – Restrictions on the questioning of a party

A party who manifestly cannot provide information clarifying the matter under
investigation need not be questioned in the criminal investigation if, when
reporting the offence or otherwise, he or she has provided the information
necessary for deciding on the charges and for the trial. The questioning of an
injured party may be left to await his or her initiative, if this is required by the
nature of the matter, due to the large number of injured parties or another
corresponding reason.

Section 3 – Questioning of an intoxicated person

If a person is so intoxicated with alcohol or another intoxicant that he or she
cannot be assumed to understand the significance of the questioning, he or she
may be questioned only if the questioning cannot be postponed without
endangering the clarification of the offence. The person to be questioned shall be
reserved a later opportunity to examine his or her statement as provided below in
respect of the examination of a statement under questioning.

Section 4 – Questioning of a mentally disturbed person

If the person to be questioned cannot be assumed to understand the significance
of the questioning, due to mental disturbance, emotional disturbance or some
other corresponding reason, what is provided in section 3 applies
correspondingly. As necessary, those close to the person and a physician shall be
consulted regarding the questioning.

Section 5 – Treatment of the person being questioned

(1) The person being questioned shall be treated in a calm and appropriate
manner. Knowingly false statements, promises or representations concerning
particular benefits, tiring out, threats, coercion or other improper methods or
approaches that influence the freedom of choice, willpower, memory or judgement
of the person being questioned may not be used in order to secure a confession or
a statement tending in a certain direction.
(2) Questioning may be conducted between 22:00 and 7:00 only if:
(1) the person being questioned requests this;
(2) the matter is under simplified investigation for which, in accordance with
Chapter 6, section 3, the person being questioned is required to stay or to
arrive immediately; or
(3) the questioning cannot be delayed without endangering the clarification of
the offence.
 - 18 -

(3) The person being questioned shall be allowed the opportunity for regular
meals and sufficient rest.

Section 6 – The obligation of the injured party to be truthful

The injured party and his or her lawful representative and attorney must remain
truthful when providing information in the matter under investigation and when
answering the questions presented.

Section 7 – Restrictions on the hearing of a witness

(1) A person who may not be heard in criminal proceedings in the matter may not
be heard as a witness in a criminal investigation.
(2) The head investigator decides on the questioning in a criminal investigation of
a person referred to in Chapter 17, section 21 of the Code of Judicial Procedure
as a witness or for the purpose of the submission of evidence.

Section 8 – The obligation of a witness to provide evidence and refusal to

testify
(1) A witness shall truthfully and without concealment state what he or she
knows in the matter under investigation. However, if he or she would have the
right or the obligation in the criminal proceedings concerning the matter to refuse
to testify, reveal a circumstance or answer a question, he or she has said right or
obligation also in the criminal investigation.
(2) A witness who has the obligation to provide evidence referred to in subsection
1 is also obliged to produce a document or other evidence in his or her possession
that has significance from the point of view of the criminal investigation.
(3) A person referred to in Chapter 17, section 23, subsection 1 of the Code of
Judicial Procedure who, in accordance with subsection 3 of said section, may be
obliged to testify concerning a matter to be kept secret, has the right to testify on
this also in the criminal investigation if the maximum punishment for the offence
under investigation is imprisonment for at least six years, the attempt of such an
offence or complicity in such an offence.
(4) A person referred to in Chapter 17, section 24, subsection 2 of the Code of
Judicial Procedure who, in accordance with subsection 4 of said section, may be
obliged to respond to a question referred to in subsection 2 or 3, is obliged also in
the criminal investigation to respond to such a question and to produce a
document or other evidence in his or her possession that has significance from
the point of view of the criminal investigation, if the offence under investigation is
one referred to in subsection 3 of this section.

Section 9 – The questioning of a witness in court

 - 19 -

(1) If a witness obviously knows of a circumstance that is important for the

determination of guilt or for the tracing or seizing of the proceeds of an offence,
and he or she refuses to reveal it even if he or she may be obliged to reveal it or,
in accordance with section 8, subsection 3, is entitled to reveal it, the question of
the grounds for refusal shall on the request of the head investigator be examined
in court. The questioning of the witness shall be conducted in court if there is no
lawful justification for the refusal.
(2) What is provided in subsection 1 applies also to a witness who refuses to
produce a document or other evidence.
(3) The questioning of a witness may be conducted in the District Court where
this is convenient. What is provided in the Code of Judicial Procedure regarding
the receipt of evidence outside of the main hearing applies as appropriate to the
questioning of a witness. The provisions of sections 13 and 18 apply to the right
of the suspect in an offence and his or her counsel or representative to be present
during the questioning of a witness. The court decides on the right to be present
after having heard the head investigator.
(4) The witness has the right to compensation for economic loss and travel and
living expenses in accordance with the grounds provided in the Act on the
Payment of Witness Expenses By the State (666/1972). Nonetheless, there is no
right to compensation if the court deems that the refusal of the witness to testify
has evidently been unjustified.

Section 10 – Notices to be given before questioning

(1) Before the questioning, the person to be questioned shall be informed of his or
her position in the criminal investigation, his or her right to request the presence
of a credible witness, and his or her rights in respect of language, and the suspect
in the offence shall be informed of his or her right not to contribute to the
clarification of the offence.
(2) Before the questioning, the suspect in the offence shall be informed of the
specific offence in which he or she is suspected. At the same time, the suspect
shall be informed of his or her right to retain counsel in the criminal investigation
and of in which situations a public defender may be assigned to him or her.
Information regarding counsel or the public defender need not be provided if on
the basis of the measures already undertaken on the basis of Chapter 4, section
10, or otherwise, this is evidently unnecessary.
(3) Before the questioning, the injured party, his or her legal representative and
attorney as well as the witness shall be informed of their obligation to speak the
truth as well as the penalty for perjury. The injured party shall be informed
before the questioning of in which situations, in accordance with Chapter 2 of the
Code of Criminal Procedure, trial counsel or a support person may be assigned to
him or her.
 - 20 -

(4) The witness shall be asked about circumstances which, according to law,
entitle or require him or her to refuse to testify. Should there be cause, the
witness shall be informed of the provisions of sections 8 and 9.

Section 11 – Credible witness

(1) On the request of the person being questioned, a credible witness who is
qualified in the manner referred to in Chapter 17, section 43 of the Code of
Judicial Procedure shall be present during the questioning. The investigator may
also on his or her own initiative summon a credible witness. If the questioning
cannot be delayed without endangering the investigation, the questioning may be
conducted in the absence of a credible witness despite the request of the person
being questioned. Nonetheless, a person under the age of 18 suspected in an
offence may not be heard without a witness, unless his or her counsel or legal
representative or a representative of the social welfare authorities is present.
(2) The use of a credible witness may be replaced by the audio and video
recording of the questioning, if in this manner the manner in which the
questioning was conducted and the events occurring during the questioning can
be reliably proven to a sufficient extent.

Section 12 – Presence of persons supporting the person being questioned

Counsel assigned to a party and a support person assigned to an injured party
has the right to be present when his or her client is being questioned, unless the
head investigator prohibits this for weighty investigative reasons. The investigator
may on request allow the presence also of another person supporting a party or
witness to be present in the questioning, if this does not hamper the clarification
of the offence or endanger the secrecy obligation.

Section 13 – Participation in the questioning of another person

(1) The investigator may allow a party and his or her counsel or attorney as well
as a support person assigned to an injured party to be present together with the
injured party when another party or witness is being questioned, unless this may
hamper the clarification of the offence. In considering whether or not
participation should be allowed, consideration shall be given in addition to the
need for sensitivity and the factor that the presence of the suspect should not
cause suffering or corresponding other prejudice to the injured party.
(2) The prosecutor has the right to participate in the questioning.

Section 14 – Presence in the questioning of the legal representative of a

minor
(1) If the person being questioned is under the age of 15 years, the person
responsible for his or her care and custody, or his or her trustee or other legal
representative has the right to be present in the questioning.
 - 21 -

(2) If the injured party or the person being questioned as a suspect is a minor
over the age of fifteen years, his or her legal representative has the right to be
present in the questioning if said legal representative may, in accordance with
Chapter 12, section 1 or 2 of the Code of Judicial Procedure, speak on behalf of
or in addition to the minor in the trial concerning the offence being investigated.
(3) The investigator may prohibit the presence of the legal representative in the
questioning if this person is a suspect in the offence under investigation or if his
or her presence may otherwise be assumed to hamper the clarification of the
offence.

Section 15 – Contact with the legal representative of a minor

(1) Advance notice of the questioning shall be made to the legal representatives of
the minor referred to in section 14, subsections 1 and 2 as being entitled to be
present and at least one of them shall be reserved an opportunity to be present at
the questioning.
(2) An exception may be made to the obligation to give notice and to reserve an
opportunity to be present only if it is not possible to contact the legal
representative or if for reasons related to the criminal investigation it is not
possible to give notice and reserve an opportunity to be present and if the suspect
should be questioned without delay in order to clarify the offence or the criminal
act.
(3) In the case referred to in subsection 2, notice of the questioning and the
contents of the record of the questioning shall be given as soon as possible to the
legal representative of the person being questioned.

Section 16 – Participation of the representative of a social welfare

authority in the questioning
(1) When a person under the age of 18 years is suspected in an offence or a
criminal act, the social welfare authority shall be informed of the act and be
reserved an opportunity to send its representative to the questioning, unless this
is clearly not necessary.
(2) The criminal investigation authority shall provide the record of the questioning
to the social welfare authority without delay.

Section 17 – The presenting of questions

A party and his or her counsel or attorney may, with the permission of the
investigator, present questions to the person being questioned in order to clarify
the matter. The investigator may decide that questions are to be submitted
through him or her. Also the public prosecutor may present questions to the
person being questioned. A party, his or her counsel and attorney also otherwise
have the right to request that the investigator presents questions to the person
being questioned about aspects necessary in order to clarify the matter.
 - 22 -

Section 18 – Removal of a person from the questioning

The investigator may remove a person from the questioning if his or her
behaviour disturbs the questioning or his or her presence otherwise hampers the
clarification of the matter.

Section 19 – Rights of a party who is absent from the questioning

A party and his or her counsel or attorney who, despite their request, had not
had the right to be present at questioning or who had been removed from
questioning, shall be reserved an opportunity to be informed about what has
been learned in the questioning, and to present questions as soon as this could
not interfere with the clarification of the offence.

Section 20 – Preliminary contacts

In preliminary contacts made in order to clarify an offence, the provisions in
section 5, subsection 1 on the treatment of the person being questioned, and in
section 8 on the obligation of the witness to provide evidence and on his or her
refusal to testify, apply.

Chapter 8 – Identity parade

Section 1 – Definition of an identity parade

An identity parade refers to an event organized in order to identify the suspect in
an offence, in which the suspect is placed among other persons.

Section 2 – Prerequisites for an identity parade

(1) An identity parade may be used when this can be assumed to be of
significance in the clarification of an offence.
(2) An injured party and a witness may be ordered to participate in an identity
parade as identifiers.
(3) The head investigator decides on the arrangement of an identity parade.

Section 3 – Arrangement of an identity parade

(1) An identity parade shall be arranged so that its result is as credible as
possible. The appearance of the persons among whom the suspect is placed may
not differ from that of the suspect in the offence to the extent that this difference
lessens the credibility of the identification. At least five other persons shall be
used in the identity parade.
(2) The investigator may allow a party, his or her counsel or attorney and the
injured party together with the support person assigned to him or her to be
present at the identity parade, as long as this does not hamper the identification.
 - 23 -

The prosecutor shall be reserved an opportunity to be present at the identity

parade.
(3) A record shall be made of the identity parade, in addition to which the event
shall be recorded on video or in another comparable visual recording.

Section 4 – Obliging a third party to participate in an identity parade

(1) A third party may be obliged to participate as one of the persons among whom
the suspect is placed only if this is important, in view of the nature of the offence,
in order to clarify the matter. Such a person may, however, refuse to participate
in an identity parade if participation would result in unreasonable inconvenience
to him or her.
(2) Third parties who participate in an identity parade have the right to
reasonable compensation for this. The amount of the compensation is determined
in a Decree issued by the Ministry of the Interior.

Section 5 – Application of provisions to other identification

The provisions of sections 1–4 on identity parades apply as appropriate also to
identification on the basis of photographs or other visual recordings, or to
sensory detection in addition to or besides eyewitness evidence.

Chapter 9 – Criminal investigation documentation

Section 1 – Record to be prepared on criminal investigation measures

(1) A record, or a notation in another document, shall be made of criminal
investigation measures, unless separately provided otherwise in law.
(2) A record of a questioning shall be made in the language used by the person
being questioned, Finnish or Swedish. If the person being questioned has used
another language, the record shall be made in the working language of the
criminal investigation as referred to in Chapter 4, section 12, subsection 1.
(3) The record of the questioning shall indicate to what extent an expression or
statement was submitted through a representative, by telephone or by other
means of the transmission of data. If the person being questioned has been in the
state referred to in Chapter 7, section 3 or 4, a notation shall be made of the state
of said person in the record of the questioning as well as of why the questioning
could not be postponed.

Section 2 – Inspection and correction of the record of questioning

(1) Immediately at the end of the questioning the record of the questioning shall
be submitted to the person questioned for inspection. The inspection may be
conducted by reading out the statement given by the person being questioned
 - 24 -

and the record of the questioning to said person, if in consideration of the nature
and extent of the matter this is appropriate. The person being questioned shall be
asked whether his or her statement has been recorded correctly. The relevant
additions and corrections made by the person being questioned shall be noted in
the record of the questioning.
(2) The record of the questioning may not be amended after the person being
questioned has inspected it and the requested corrections and additions have
been made.

Section 3 – Audio and video recording of the questioning

The questioning may be audio- and video recorded in full or in part. The
questioning shall be recorded in full or in part if, in consideration of the nature of
the matter or of circumstances related to the person being questioned, there is
reason to do so in order to subsequently verify the manner in which the
questioning was conducted, the events that occurred during the questioning or
the statement of the person being questioned. The person being questioned shall
be notified in advance of the recording.

Section 4 – Recording of the questioning for the purpose of submission as

evidence
(1) The questioning of an injured party and a witness shall be audio and video-
recorded if the statement to be given in the questioning is intended to be used as
evidence in court and the person to be questioned, due to his or her young age or
mental disturbance, probably cannot be heard in person without causing him or
her detriment arm. In the questioning, consideration shall be taken of the special
requirements necessary in view of the state of development of the person being
questioned, in respect of the methods of questioning, the number of persons
participating in the questioning and the other circumstances in the questioning.
The person being questioned shall be notified in advance of the recording.
(2) The head investigator may decide that also a person other than the criminal
investigation authority may, under the supervision of the person conducting the
hearing, present questions to the person being questioned. The suspect in the
offence shall be reserved an opportunity to present questions to the person being
questioned. If the person suspected in the offence so requests, his or her
questions may also be presented by his or her attorney or counsel. The person
conducting the investigation may nonetheless order that questions are to be
submitted through him or her to the person being questioned.
(3) The public prosecutor shall be reserved an opportunity to be present in the
questioning. He or she has the right to present questions to the person being
questioned, either by himself or herself or through the person conducting the
questioning.

Section 5 – Inspection of an audio and video recording

 - 25 -

If the questioning is recorded in the manner referred to in section 3 or 4, the

person being question shall, after the questioning is concluded, be provided with
an opportunity to listen to and view the recording and make the necessary
corrections and additions to his or her statement, unless this is clearly pointless
in consideration of the young age or mental disturbance of the person being
questioned. The inspection of the statement under questioning is conducted by
inspection of the record of the questioning referred to in section 2, subsection 1.

Section 6 – Record of a criminal investigation

(1) On the conclusion of a criminal investigation, a record of the documentation
collected in its course shall be prepared in the language of the criminal
investigation as referred to in Chapter 4, section 12, subsection 1 (record of a
criminal investigation), if this is needed for further consideration of the matter.
(2) The record of the criminal investigation shall incorporate the records of the
questioning and the explanations of the investigation measures as well as of the
observations made in their connection concerning the matters to be clarified in
the criminal investigation, and the documents, recordings and photographs
collected in the investigation shall be appended, if they can be assumed to be of
significance in the matter and if it is not provided otherwise in law. A notation
shall be made in the record of the use of surplus information in the clarification
of the offence. (1145/2013)
(3) The language used by the persons heard in the criminal investigation shall be
noted in the record of the criminal investigation. If a party has been heard or
questioned with the aid of an interpreter, an essential document or part or
summary thereof referred to in Chapter 4, section 13, subsection 1 has been
translated for the party verbally or the party has waived his or her right to a
translation of the document, a notation shall be made thereof into the record of
the criminal investigation or into another document. (770/2013)
(4) Documentation collected in the criminal investigation that is not incorporated
into the record of the criminal investigation shall be noted in the record, unless
provided otherwise in law.
(5) A copy of the record of the criminal investigation shall be sent to the defence
counsel assigned to a person suspected in an offence, on the basis of Chapter 2,
section 1 of the Code of Criminal Procedure, and to the counsel for the injured
party appointed on the basis of section 1(a) of said Chapter.

Section 7 – Openness of the documentation in a criminal investigation

(1) The Act on the Openness of Government Activities contains provisions on the
openness of the documentation in a criminal investigation.
(2) information on an audio and video recording may be provided only by allowing
the recording to be examined at the criminal investigation authority, if in view of
the contents of the recording there is reason to assume that providing the
 - 26 -

information in another manner may lead to a violation of the protection of the

privacy of an individual depicted in the recording.

Chapter 10 – Conclusion of the criminal investigation

Section 1 – Final statement

(1) Before the criminal investigation is concluded, the parties shall be reserved an
opportunity to submit a final statement to the criminal investigation authority on
the sufficiency of the criminal investigation documentation, the assessment of the
evidence, the legal issues or other circumstances that are important from the
point of view of the consideration of the matter, unless with consideration to the
nature and extent of the matter, the pettiness of the offence or the other
corresponding circumstances, requesting a statement would be evidently
unnecessary from the point of view of the consideration of charges and the court
proceedings.
(2) The request for a final statement shall if necessary be specified. Time shall be
reserved for the giving of a final statement so that the person submitting the
statement has sufficient time to become acquainted with the matter, but so that
the consideration of the matter is not needlessly delayed. The criminal
investigation authority, on receiving the final statement, shall consider whether
this statement gives cause for the supplementing of the criminal investigation.
(3) The head investigator decides on the requesting of a final statement and on
the measures that it may possibly call for. If necessary, the prosecutor shall be
heard on the need for and the content of the final statement.

Section 2 – Conclusion of the criminal investigation

(1) On the conclusion of the criminal investigation, the matter shall be submitted
to the prosecutor for the consideration of charges or for the issuing of a summary
penal judgment or summary penal fine. The criminal investigation record
concerning an offence investigated as a military court matter shall be submitted
without delay to the military authorities.
(2) A criminal investigation shall nonetheless be concluded without submitting
the matter to the consideration of the prosecutor if the investigation has shown
that no offence has been committed or that no charges may be brought against
anyone or that no other requests under public law may be presented in respect of
an offence.
(4) Chapter 3, sections 9 and 10 contain provisions on the conclusion and
restriction of the criminal investigation on the basis of a decision of the criminal
investigation authority and the prosecutor.
 - 27 -

Section 3 – Cautioning
A police officer and, when serving as the head investigator, the public prosecutor,
may give the person suspected in an offence an oral or written caution if the
criminal investigation is concluded on the basis of Chapter 3, section 9.

Section 4 – Partial conclusion of the criminal investigation

Should it become apparent in the criminal investigation that a person who has
been notified that his or her status is that of a suspect in an offence is no longer
a suspect, but the criminal investigation as a whole cannot be concluded in the
manner provided in section 2, the criminal investigation shall without undue
delay be concluded in respect of him or her.

Chapter 11 – Miscellaneous provisions

Section 1 – Decision on a criminal investigation

(1) A written decision shall be made on the waiving of a criminal investigation, on
its conclusion on the basis of Chapter 3, section 9, subsection 1 or section 10,
and on conclusion without submitting the matter to the consideration of the
prosecutor. The same applies to another corresponding criminal investigation
decision that may affect the rights, interests and obligations of a party.
(2) The decision referred to above in subsection 1 shall indicate:
(1) the authority making the decision and the date of the decision;
(2) the parties;
(3) the matter;
(4) the grounds for the decision and the provisions applied;
(5) the contents of the decision; and
(6) contact information of the criminal investigation official who can supply
additional information.
(3) The decision is given to the parties present in the criminal investigation or
sent by post to the address that they have indicated or that is otherwise known to
the criminal investigation authority. A decision need not be given or sent if doing
so could hamper the clarification of the offence or of a connected offence. Notice
shall be given or sent without undue delay after there is no risk that this could
hamper such clarification.
(4) What is provided elsewhere in law on decisions of the criminal investigation
authority shall otherwise apply.

Section 2 – Content of a simplified criminal investigation

(1) A simplified criminal investigation does not have a head investigator. Only the
main contents of the statement of the person being questioned is entered into the
 - 28 -

record of the questioning, and this may be recorded in another document in lieu
of in a record of the questioning.
(2) A simplified criminal investigation may be conducted without applying the
provisions in Chapter 5, section 1 or in Chapter 7, sections 11 and 14–16. The
same applies to Chapter 7, section 10, subsection 2 in respect of a notice of the
right to retain counsel.

Section 3 – Competence of counsel

(1) An advocate, a public legal aid, or the licensed legal counsel referred to in the
Act on Licensed Legal Counsel (715/2011), may serve as counsel to a party in the
criminal investigation.
(2) A person may not serve as counsel in an individual case if he or she:
(1) has advised the suspect in an offence in the offence under investigation or
in a directly related offence;
(2) is serving as counsel for another suspect in respect of the offence under
investigation or in a directly related offence, if service as counsel for the
party can be presumed to significantly hamper clarification of the matter;
(3) is serving or has served as a search representative as referred to in
Chapter 8, section 7 of the Coercive Measures Act or as the public
attorney referred to in Chapter 10, section 44 of said Act, in respect of the
offence under investigation or in a directly related offence;
(4) engages in legal practice together with a person who, in accordance with
paragraphs 1–3 may not serve as counsel to a party;
(5) is a suspect or witness in a matter concerning the offence being
investigated or in a directly related offence;
(6) has participated as a public official or otherwise in the exercise of a public
function in measures in respect of the offence under investigation or in a
directly related offence or in a measure connected with such offence; or
(7) after having undertaken to serve as counsel has acted in said matter in
violation of the law or the professional ethics of attorneys so that his or
her continuing to serve as counsel would presumably significantly
hamper clarification of the matter.
(3) The question of the eligibility of counsel is decided by the head investigator. If
a person has been denied the right to serve as counsel in criminal investigation,
the party shall be reserved an opportunity to retain counsel that fulfils the
qualifications. The investigation need nevertheless not be delayed for this reason,
unless there is special cause to do so.
(4) On the request of a concerned person, the court decides whether a decision
made by the head investigator on the basis of subsection 2 shall be followed. The
matter is decided by the court which has jurisdiction over the investigation of the
principal matter. The court shall consider the matter as one of urgency. The
decision of the court is not subject to appeal. The person who had submitted the
 - 29 -

request may file an extraordinary appeal on the basis of procedural fault in the
manner provided in the Coercive Measures Act in respect of remand.

Section 4 – Statement by an expert

(1) An expert statement may be obtained regarding a question to be clarified in
the criminal investigation.
(2) A person whose relation to the matter or to a party is such that his or her
impartiality is endangered may not serve as an expert.

Section 5 – Prohibition against revealing information

(1) If a person present in the criminal investigation is informed of matters relating
to this investigation of which he or she had not been aware, and these do not
directly concern the person himself or herself or his or her principal, the head
investigator may prohibit him or her from revealing these to third parties during
the criminal investigation. During the consideration of charges, the prosecutor
decides on a prohibition against revealing information. A prohibition against
revealing information may be imposed on the representative and counsel of a
party even if he or she has not been present in the investigation.
(2) A prerequisite for the prohibition against revealing information is that
revelation of the matters referred to in subsection 1 in the course of the criminal
investigation may hamper clarification of the offence or cause harm or
inconvenience to a party or another person. The prohibition may be ordered to
remain in force also after the conclusion of the criminal investigation, until the
matter has been considered in a court session or until the public prosecutor has
decided to waive the raising of charges or the case has been dismissed without
considering the merits, if revelation of the matters can hamper clarification of
another offence that is still under investigation.
(3) A prohibition against revealing information is issued for at most three months
at a time. Certified service of the prohibition shall be given to its recipient in
writing. The prohibition shall specify the matters subject to the prohibition, state
the period of validity of the prohibition and note the threat of penalty for violation
of the prohibition.
(4) The prohibition against revealing information shall be rescinded without delay
before the end of the set period if the prerequisite referred to in subsection 2 for
imposing the prohibition no longer exists. The recipient of the prohibition shall be
notified of the rescission of the prohibition.
(5) The penalty for violation of the prohibition against revealing information is
imposed on the basis of Chapter 38, section 1 or 2 of the Criminal Code, unless
more severe punishment for the act is provided elsewhere in law.

Section 6 – Secrecy obligation

The prohibition against revealing information referred to above in section 5 does
not detract from the secrecy obligation provided on the basis of section 23,
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subsection 2 of the Act on the Openness of Government Activities. The criminal

investigation authority shall inform the recipient of the prohibition of the relation
between the prohibition and the secrecy obligation based on the provision
referred to, and also otherwise inform the person subject to the secrecy obligation
of the contents of this obligation, unless this is evidently unnecessary.

Section 7 – Provision of information on the criminal investigation

(1) If it is necessary to provide information on the criminal investigation in view of
its societal significance, the general interest that it arouses, the clarification of
the offence, apprehension of the person suspected in the offence, the prevention
of a new offence or the prevention of harm caused by the offence or for another
corresponding reason, the information shall be provided in a manner so that no
one is unduly subjected to suspicion and no one is unnecessarily subjected to
harm or inconvenience.
(2) The name or picture of a person may be publicized only if this is necessary in
order to clarify an offence, apprehend the person suspected in the offence,
prevent a new offence or prevent harm caused by the offence.
(3) Also the principles of criminal investigation provided in Chapter 4 shall be
taken into consideration in providing information on the criminal investigation.
Separate provisions apply to the obligation to keep secret the circumstances that
have been revealed in the criminal investigation.
(4) The head investigator and his or her superior as well as other officials
designated by them have the right to make public information regarding the
criminal investigation. After the conclusion of the criminal investigation, also the
prosecutor has the right to give information.

Section 8 – Obtaining information from an authority, and from a private

corporation or person
Chapter 4, sections 2 and 3 of the Police Act (872/2011) contain provisions on
obtaining information from an authority and from a private corporation or person
necessary in order to clarify an offence.

Section 9 – Notices to an injured party

(1) In addition to what is provided in the foregoing regarding notices, the criminal
investigation authority shall notify an injured party regarding:
(1) as possible, what measures are to be undertaken on the basis of the
report of an offence or on the basis of an offence of which the criminal
investigation authority has otherwise been informed;
(2) the significance of a request that a person suspected of a complainant
offence be punished, and of the revocation of such a request, if this
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request is a prerequisite for the conduct or continuation of the criminal

investigation;
(3) without delay of the conduct of a criminal investigation into a
complainant offence in the case referred to in Chapter 3, section 4,
subsection 3.
(2) If an injured party has suffered loss as a result of an offence, for which he or
she would evidently be entitled to compensation in accordance with the Crime
Compensation Act (1204/2005), the criminal investigation authority shall in
addition notify the injured party of the right to compensation and as necessary
shall advise him or her in applying for compensation.

Section 10 – More detailed provisions

More detailed provisions may be provided by Government Decree on:
(1) the method of recording a report of an offence;
(2) the arrangement of an identity parade;
(3) the contents, structure and addenda to the record of questioning and a
criminal investigation record.

Section 11 – Entry into force

(1) This Act enters into force on 1 January 2014.
(2) This Act repeals the Criminal Investigation Act (449/1987).

Section 12 – Transitional provision

(1) The provisions that were in force at the time the present Act enters into force
apply to criminal investigations underway at said time.
(2) In addition to what is provided above in subsection 1, a person who, according
to the provisions that were in force at the time the present Act enters into force, is
qualified to serve as counsel to a party in a criminal investigation, is qualified to
so serve as counsel to a party in a criminal investigation for one year from the
date this Act enters into force. In addition, a person who, according to the
provisions that were in force at the time the present Act enters into force, is
qualified to serve as counsel to a party in a criminal investigation and who seeks
the permission referred to in the Act on Licensed Legal Counsel three months
before the end of the period referred to in section 30, subsection 3 of said Act and
whose application has not been decided in a legally final manner within one year
of the entry into force of this Act, is qualified to serve as counsel to a party in a
criminal investigation until his or her application has been decided in a legally
final manner.