Pre-trial investigation and coercive measures

Usually, the police are responsible for carrying out a pre-trial investigation. Other pre-trial investigation authorities include the Finnish Border Guard, Finnish Customs and the Finnish Defence Forces.

The purpose of a pre-trial investigation is to find out if there is reason to suspect that an offence was committed in the case. The investigation starts when a police report is made to an authority or when an authority otherwise becomes aware of an offence. After this, the relevant authority interviews the victim, the suspects, eyewitnesses and any other parties involved, and collects other evidence. If necessary, coercive measures can be employed during a pre-trial investigation.

When the pre-trial investigation is completed, all materials are collected into a pre-trial investigation report, which is sent to the prosecutor for a consideration of charges. In certain situations, the pre-trial investigation authority can decide not to bring the case to court. More information on pre-trial investigations (poliisi.fi).

The victim of an offence and the person suspected of the offence have the right to receive a free copy of the pre-trial investigation report. They will also be informed if the case will not be brought to court.

Sometimes the parties involved in a case would benefit from settling the case in some manner other than at court. In criminal cases, this method is mediation. The police will assess the suitability of mediation in the pre-trial investigation. More information on mediation in criminal cases (thl.fi; only in Finnish and Swedish).

In some cases, the police may decide not to carry out a pre-trial investigation. This is done if the suspected offence is minor and the victim does not claim any damages or demand punishment for the perpetrator, for example. The police must inform the victim if it decides to not carry out a pre-trial investigation or a pre-trial investigation is suspended.

The police always investigate offences subject to public prosecution when there is reason to suspect that such an offence has been committed. Crimes subject to public prosecution include theft, assault and rape. The police only investigate complainant offences if the victim of the offence demands that the perpetrator is punished. Complainant offences include defamation, petty theft and criminal damage.

Coercive measures

Prosecutors, courts and the pre-trial investigation authorities, i.e. the Police of Finland, Finnish Customs, the Finnish Border Guard and the Finnish Defence Forces, can employ coercive measures if necessary. The purpose of coercive measure is to secure the investigation of the offence, judicial proceedings and the enforcement of the punishment.

Coercive measures are measures that limit the fundamental rights of a suspect. They may therefore only be used if the requirements laid down in the Coercive Measures Act are met.

Coercive measures of the police

Coercive measures that the police may employ include the following:

• Collecting forensic identifying personal information
• Detention and arrest
• Home and device searches
• Seizure

Coercive measures of the district courts

Coercive measures employed by district courts include:

• Remand
• Travel ban
• Prohibition of losing and confiscation for security
• Telecommunications interception, traffic data monitoring and technical surveillance

Remand

A district court can order a person suspected with probable cause of an offence to be remanded or placed in custody until the court hearing. ‘Probable cause’ means that it is more likely that the suspect committed the offence than that they did not. In addition, the following requirements must be met for ordering remand:

• the minimum punishment for the offence is two years of imprisonment, or
• the maximum punishment for the offence is one year of imprisonment and there is reason to believe that the suspect will escape or otherwise hinder the investigation of the case.

Remand ends when a court issues a decision in the case. The court can decide that there is no longer any cause to continue the remand at an earlier stage as well.