As a witness in a trial

A more detailed description of the witness can be found here.

The witness receives a written summons to the trial.

The witness shall appear at the time specified in the summons, unless he or she has an impediment which makes it impossible for him or her to appear. Such an obstacle may include illness or interruption of public transport. The admissibility of the impediment shall be decided by the chairperson of the court. The person summoned as a witness must always give notice of the impediment in advance. The notification shall be made to the chairperson of the court or to the person at whose request the witness has been summoned to court. If the impediment is an illness, the witness shall provide the court with a medical certificate.

If a witness fails to appear before the court and has no acceptable reason to be absent, he or she shall be imposed to pay a fine, the amount of which is mentioned in the summons. The witness may also be ordered to be brought to justice at his or her own expense, in which case the police may detain him or her for bringing him or her to court.

There's a day's agenda on the wall of the court waiting room that shows the order in which the cases are handled. As the processing time of cases is difficult to estimate, the witness may have to wait for his or her turn. Sometimes the case may still have to be dismissed at this stage, for example because one of the parties has not arrived. The proceedings may also be cancelled if the parties reach an amicable settlement in their case.

The witness will be summoned to the courtroom by name. He or she is only there for the time it takes to give testimony. The general principle is that witnesses should not be allowed to hear what has been said by other persons to be heard for evidentiary purposes. In this way, the reliability of the report and the authenticity of the evidence and the discovery of the truth will be safeguarded.

Before hearing a witness, the court chairperson shall ask the witness his or her name and, if necessary, verify his or her identity. If necessary, the court chairperson shall ask if the witness has an impediment to testify and whether the witness has an obligation or right to refuse to testify.

After the verification of the personal data, the witness gives an affirmation. Witness affirmation reads as follows:

“I, N.N, pledge and assure, through my honour and conscience, that I will testify and tell all the truth in this matter without concealing or adding anything to it or changing it.”

The witness shall present his or her report orally. A previously submitted report (e.g. to the police) shall be read only if it differs from the testimony of the witness in court. The prosecutor (in criminal proceedings), the parties and the members of the court may put questions to the witness. First, questions are raised by the party who appointed the witness. The opposing party will then ask questions and, if necessary, the chairperson of the court.

The witness shall not leave the court until the case has been closed unless the court chairperson has given permission to do so.

Exceptions from the obligation to give testimony

There are exceptions to the general obligation to testify.

If the witness is closely related to a party to a lawsuit, he or she does not have to testify against his or her will. If the witness has the right to refuse to testify because he or she is a close relative of a party, the court chairperson shall explain it to the witness at the beginning of the hearing.

The witness does not need to reveal any circumstances that might lead to the bringing of charges against him or her or his or her immediate family. If, for this reason, a witness does not wish to answer a question, he or she must clearly inform the court. If necessary, the court chairperson shall explain to the witness when he or she may refuse to answer a question.

In addition, a witness does not need to reveal business or professional secrecy unless he or she is specifically obliged to do so by the court.

Even if the witness has the right to refuse to testify, he or she must, after having been summoned, always appear before the court. If he or she is willing to testify, he or she obligated to tell the truth, just like all the other witnesses.

Giving testimony is a civic duty

The witness must tell the truth. The witness shall also state in court everything he or she knows about the matter under consideration. The witness is a key person in the trial, as his or her report may be the only way to find out what happened in the case under trial. A witness may have to answer a wide range of questions aimed at establishing the reliability of his or her report. It is the duty of the court chairperson to ensure that the witness is not presented with inappropriate questions and that he or she is not treated inappropriately.

If a witness is found to have lied or deliberately concealed something relevant to the matter, he or she may be charged with perjury. The punishment laid down in the law for perjury is a sentence of imprisonment.

If the answer to a question could lead to criminal charges against a witness himself or herself or his or her next of kin, the witness must clearly inform the court. If necessary, the court chairperson shall explain to the witness when he or she may refuse to answer a question. In this case too, the witness must not lie or otherwise speak contrary to the truth.

Giving testimony is a civic duty and cannot be refused. A witness may be subjected to coercive measures when he or she refuses to testify.

A witness may not be threatened

Threatening a witness is a punishable act. If a person tries by threatening or violence to prevent a person from acting as a witness in a trial or attempts to influence the testimony of a witness, he or she may be sentenced to a fine or to imprisonment for a maximum of three years. Threatening the next of kin of a witness for this purpose is also punishable.

In the case of intimidation or violence, the witness must contact the police or the prosecutor, and the court should also be informed of the threat.

To protect the witness or a person close to him or her, the witness may be heard in court proceedings in such a way that one of the parties is not present.

A witness in a criminal case may receive support and advice from the Victim Support Finland (RIKU) .

Reimbursement of costs for appearing as a witness

The witness has the right to receive reasonable compensation for necessary travel and subsistence expenses and financial loss, but the compensation must always be requested. At the end of giving testimony, the court chairperson asks the witness whether he or she is claiming reimbursement. In such cases, the witness shall state the costs in euros incurred by him or her in arriving at the court and indicate whether he or she is claiming daily allowance. The witness should be prepared to present a receipt or other explanation of the costs caused by appearing before the court.

If the witness has been appointed by an official prosecutor or a party to whom legal aid has been granted, the witness shall be paid compensation from state funds.

If the witness has been summoned to court by a private party who has not been granted legal aid, he or she shall pay the witness any compensation. The witness may submit his or her claim for compensation in court. The court shall decide on the amount of the compensation after hearing the party concerned.

The witness may also request advance reimbursement of his travel expenses. In some cases, he or she has the right to receive daily allowance and compensation for overnight costs in advance. A witness appointed by an official prosecutor may request an advance from the police department of his place of residence. A witness summoned by a private party may request an advance from that party.

If the witness applies for unemployment benefit and has to be absent from the service that benefits employment due to giving evidence, the witness should contact the service provider or the employment and business authority as early as possible. In some cases, it may be possible, for example, to postpone the date of participation in the service.

Witness compensation is paid to the Visa Prepaid payment card. As a rule, the witness compensation approved by the presiding judge will be uploaded to the card after the hearing and the witness will receive it immediately.

Card terms of the court payment card [pdf, 288.1 kt]

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