The rule of law in Finland: courts, police and the law in daily life

Quick answers

What does the rule of law mean?

The state and the authorities may use power only according to the law. The Parliament (eduskunta) makes the laws, and independent courts have judicial power.

What are the courts in Finland?

The general courts are the district courts (käräjäoikeudet), the courts of appeal (hovioikeudet) and the Supreme Court (korkein oikeus). Administrative matters go to the administrative courts (hallinto-oikeudet) and the Supreme Administrative Court (korkein hallinto-oikeus).

At what age can you be punished for a crime?

When you were at least 15 years old at the time of the act.

May a parent physically punish a child?

No. The law bans corporal punishment of children.

Key legislation is one of the topics of the citizenship test (kansalaisuuskoe). This chapter covers law-making, the courts, the police, the prosecutor and the law in daily life. It is based on public sources, mainly Finlex and InfoFinland, and will be updated when Migri publishes its study material.

What does the rule of law mean?

Finland is a state governed by the rule of law (oikeusvaltio). Under the Constitution (perustuslaki), the use of public power must be based on law. The law must be followed carefully in all public activity.

Everyone who lives or stays in Finland, including foreigners, must follow Finnish law.

Who makes the laws in Finland?

The laws are made by the Parliament (eduskunta). Law-making starts when the Government gives the Parliament a proposal or a Member of Parliament makes a legislative motion. A law passed by the Parliament goes to the President of the Republic for confirmation. The President must decide within three months.

What courts does Finland have?

Under the Constitution, judicial power belongs to independent courts (tuomioistuimet), which decide cases based on the law alone.

The general courts deal with criminal cases and civil disputes:

1. The district court (käräjäoikeus) hears the case first. There are 20 district courts in Finland.
2. The court of appeal (hovioikeus) hears appeals against district court decisions.
3. The Supreme Court (korkein oikeus) is the highest court in civil and criminal cases. An appeal there needs leave to appeal from the Supreme Court.

Appeals against decisions of the authorities go to the administrative court (hallinto-oikeus). The highest is the Supreme Administrative Court (korkein hallinto-oikeus), which also requires leave to appeal. There are also three special courts: the Market Court, Labour Court and Insurance Court. The Constitution bans temporary courts.

What do the police and the prosecutor do?

The police (poliisi) keep order and security and prevent and solve crimes. You can report a crime online or at a police station.

When there is reason to suspect a crime, the police carry out a pre-trial investigation (esitutkinta). After that, the prosecutor (syyttäjä) decides whether the case goes to the district court. The prosecutor decides independently and brings charges if there are probable grounds for guilt.

What do the presumption of innocence and legal aid mean?

A person suspected of a crime must be treated as innocent. This is the presumption of innocence (syyttömyysolettama). A suspect also has the right not to help solve the crime. A court may convict the defendant only if there is no reasonable doubt about their guilt.

The Constitution guarantees a fair trial, including the right to be heard, to get a reasoned decision and to appeal. If you cannot pay for a lawyer, you can apply for legal aid (oikeusapu) from a state legal aid office.

At what age can you be punished?

You can be punished if you were at least 15 years old at the time of the act and criminally responsible (syyntakeinen). For a crime committed under the age of 18, a court can give a juvenile punishment (nuorisorangaistus).

The general punishments are the fixed fine (rikesakko), fine (sakko), conditional prison sentence (ehdollinen vankeus), community service (yhdyskuntapalvelu), monitoring sentence (valvontarangaistus) and unconditional prison sentence (ehdoton vankeus). For example, theft (varkaus) can lead to a fine or up to 18 months in prison, and assault (pahoinpitely) to a fine or up to two years. You may not drive if your blood alcohol level is 0.5 per mille or more.

What does the law say about children and school?

A child may not be subjugated, physically punished or treated in any other degrading way. A child’s guardians (huoltajat) are usually the parents, and custody ends when the child turns 18.

Children who live permanently in Finland have compulsory education (oppivelvollisuus). It starts in the year when the child turns seven. After basic education (peruskoulu), young people study in general upper secondary school (lukio) or vocational education. Compulsory education ends at the latest when the young person turns 18. The guardian must make sure the child completes it.

What should you know about marriage, divorce and inheritance?

You can marry at 18. Same-sex couples can also marry. Marriage is voluntary, and forcing someone into marriage is a crime. Spouses are equal.

You apply for a divorce (avioero) at the district court, alone or together with your spouse. A six-month reconsideration period (harkinta-aika) comes first, unless the spouses have lived apart for the last two years. In a divorce, property is divided equally unless a prenuptial agreement (avioehto) says something else. Parents of children under 18 agree on custody, living arrangements, meetings and maintenance. The child welfare supervisor (lastenvalvoja) can confirm the agreement. Otherwise the district court decides, in the best interests of the child.

The inheritance goes first to the children of the deceased, the direct heirs (rintaperilliset), and each child gets an equal share. If there are no children but the deceased was married, the spouse inherits. A will (testamentti) is made in writing with two witnesses present. A child still has the right to a legal share (lakiosa), which is half of the share they would get under the law.

What are your rights as a consumer?

The Consumer Protection Act (kuluttajansuojalaki) protects you when you buy goods or services from a company. If a product has a fault you did not cause, you can get a new one or your money back. Contact the seller first, then if needed the consumer advice of the Finnish Competition and Consumer Authority (KKV). You can usually cancel a purchase made online or from a doorstep seller within 14 days.

What is the principle of public access?

Documents held by the authorities are public, unless a law limits this. Everyone has the right to get information from a public document. This is the principle of public access (julkisuusperiaate). Officials still have a duty of confidentiality (vaitiolovelvollisuus): they may not share confidential information, even after leaving the job.

Difficult words in this chapter

oikeusvaltio

a state governed by the rule of law: all use of power is based on law and the laws apply to everyone

käräjäoikeus

the district court: the court that hears criminal cases and civil disputes first

hallinto-oikeus

the administrative court: the court that hears appeals against decisions of the authorities

syyttäjä

the prosecutor: the official who decides whether a criminal case goes to court

syyttömyysolettama

the presumption of innocence: a suspect is treated as innocent until guilt has been shown

oikeusapu

legal aid: help with a legal matter that the state pays fully or partly

huoltaja

a guardian: the adult responsible for a child's care and upbringing, usually a parent

vaitiolovelvollisuus

the duty of confidentiality: the duty not to tell others confidential information