Judicial proceedings in criminal cases

In judicial proceedings in criminal cases, a district court considers whether the defendant actually committed the suspected offence. If the defendant is found guilty, the court decides the punishment for the offence as well. The punishment may be a fine, a community sanction or imprisonment.

Judicial proceedings in criminal cases start when the prosecutor’s written charges arrive at the competent district court. The court serves a summons to the defendant in which they are summoned to attend the main hearing of the case. The defendant may also be requested to submit a written statement before the court hearing.

Main hearings are usually oral hearings in which the prosecutor, the victim and the defendant justify their views of the events and present evidence. Any witnesses whose presence the court deems necessary are also summoned to attend the hearing. When deciding the case, the district court will only consider evidence and statements presented during the main hearing.

Those summoned are obliged to attend the hearing or to notify the court of an acceptable legal impediment, such as falling ill.

Written procedure

Simple criminal cases can be solved by a district court with a written procedure. In this case, the defendant and the victim do not need to attend a hearing. Written procedure requires consent from the victim and the defendant. In addition, the defendant must confess to committing the offence of which the defendant is suspected.

Publicity of court hearings

As a rule, court hearings are public, meaning anyone can attend the hearing as an audience member. However, in some cases, hearings may be held without the presence of the public. More information (tuomioistuimet.fi).

Courts and parties of judicial proceedings

The parties of judicial proceedings comprise the defendant, the victim of the crime and the prosecutor, who usually prosecutes the matter on behalf of the victim. Criminal cases are resolved by district courts. Decisions of district courts can be appealed to a court of appeal, and decisions of courts of appeal can be appealed to the Supreme Court.

District courts and other courts are always independent and impartial in their decision making. Independence means that courts have autonomy of decision. Impartiality means that judges are unbiased, objective and free of prejudice.