Chapter 2(a) - Fine, conversion sentence and summary penal fee

Fine

Section 1 - Number of day fines

(1) A fine shall be passed as day fines, the minimum number of which is one and the maximum number is 120.

(2) Chapter 7 contains provisions on the maximum and minimum numbers for a joint punishment to a fine.

(3) For a special reason, the specific minimum or maximum number may be provided by an Act, within the limits laid down in subsection 1.

(4) A specific minimum or maximum number provided by an Act enacted before 1 June 1969 does not apply.

Section 2 - Amount of a day fine

(1) The amount of a day fine shall be set so that it is reasonable in view of the solvency of the person fined.

(2) One sixtieth of the average monthly income of the person fined, less the taxes and fees defined by a Decree and a fixed deduction for basic consumption, is deemed to be a reasonable amount of a day fine. The maintenance liability of the person fined may decrease the day fine.

(3) The primary basis for the calculation of the monthly income is the income of the person fined as indicated in the most recent taxation. If the income of the person fined cannot be reliably ascertained from the tax records or it has essentially changed since the most recent taxation, it may be assessed also on the basis of other information.

(4) In court, the day fine is set on the basis of the information available at the time of the court proceedings, and in proceedings on the basis of the Summary Penal Fee Act (754/2010), the day fine is set on the basis of the information available at the time when the fine is set or when the request for a summary penal fee is made. However, the prosecutor shall set the day fine on the basis of the information available at the time the summary penal fee is issued, if it has become evident that the solvency of the person for whom the summary penal fee has been requested has in the meantime essentially changed.

[subsection 4 has been amended by the Act of 755/2010 and shall enter into force on a date to be set by an Act. The earlier wording is as follows:]
(4) In court, the day fine is set on the basis of the information available at the court proceedings, and in penal order proceedings, the day fine is set on the basis of the information available when the request for a penal order is being made. However, the prosecutor shall set the day fine on the basis of the information available at the time the penal order is issued, if it has become evident that the solvency of the person for whom the penal order has been requested has in the meantime essentially changed.

(5) More detailed provisions on the calculation of the average monthly income, the rounding-off of the amount of the day fine, the amount of the fixed deduction for basic consumption, the manner in which the maintenance liability is to be taken into account, and the minimum amount of a day fine shall be issued by a Decree.

Section 3 - Total amount of the fine

(1) The total amount of the fine is equal to the number of day fines times the amount of a day fine.

(2) It may be provided by Decree that the total amount of the fine imposed for given offences is to be increased in order to equal the maximum summary penal fee payable for the same type of offence.

(3) Chapter 7, section 3(a) contains provisions on the increase in the total amount when setting a joint punishment for offences punishable by a fine and a summary penal fee. (755/2010)

Chapter 2(c) – Imprisonment

General provisions

Section 1 – The contents of imprisonment

The content of a sentence of imprisonment is the loss or restriction of liberty. The Imprisonment Act contains provisions on the enforcement of a sentence of imprisonment.

Section 2 – The length of imprisonment

(1) Imprisonment is sentenced for a fixed period or for life.

(2) A sentence of fixed-term imprisonment is imposed for at least fourteen days and at most twelve years or, when imposing a joint sentence pursuant to chapter 7, fifteen years.

Section 3 – The units of time in a sentence of imprisonment

When imposing a sentence of imprisonment, years, months and days are used as the units of time. Sentences of less than three months are imposed in days.

Section 4 – Combined sentences of imprisonment (1099/2010)

(1) If the sentenced person is to serve at the same time several fixed-term sentences of imprisonment which are not to be joined, these shall be combined in the prison.

(2) A life sentence of imprisonment incorporates all sentences of imprisonment, conversion sentences for unpaid fines, and detention that are to be enforced at the same time as the life sentence of imprisonment.

Conditional release

Section 5 – Definition and determination of conditional release

(1) Conditional release refers to the release of a prisoner serving an unconditional sentence of imprisonment, to serve the rest of his or her sentence in freedom.

(2) Subject to the provisions of section 9, a person serving a fixed-term sentence of imprisonment shall be conditionally released when he or she has served two-thirds of the sentence, or in the case of a sentence imposed for an offence committed under the age of twenty-one years, when he or she has served one-half of the sentence. A prisoner who during the three preceding years has not served a sentence of imprisonment in prison shall be conditionally released when he or she has served one-half of the sentence or, in the case of a sentence imposed for an offence committed under the age of twenty-one, when he or she has served one-third of the sentence. The application of this last-mentioned proportion is not barred by the fact that the person has during the three preceding years served a conversion sentence in prison for unpaid fines or a sentence in prison for refusing civil military service referred to in section 74 of the Civil Military Service Act (1446/2007), a civil military service offence referred to in section 75 of said Act, refusing civil military service during extraordinary military service or general mobilization referred to in section 76 of said Act, a civil military service offence during extraordinary military service or general mobilization referred to in section 77 of said act, or refusing military service referred to in section 118 of the Military Service Act (1438/2007), absence from induction during general mobilization referred to in section 120 of said act, or avoidance of service during general mobilization referred to in section 123 of said act. In calculating the portion of the sentence, parts of a day shall not be considered. The period of loss of liberty referred to in chapter 6, section 13 of this Code shall be deducted from said proportion and from the proportion referred to in section 12, subsection 1. (1099/2010)

(3) Conditional release is possible after 14 days have been served of the sentence of imprisonment.

Section 6 – Conditional release from a joint sentence of imprisonment

If the separate offences of a person serving a joint sentence of imprisonment would result in the application of different proportions referred to in section 5, subsection 2, he or she shall be conditionally released on the basis of the larger proportion.

Section 7 – Conditional release from combined sentences of imprisonment (1099/2010)

(1) A person serving combined sentences of imprisonment shall be conditionally released when he or she has served the part of the sentence that results by adding up the time to be served of each sentence, calculated on the basis of the proportions referred to in section 5, subsection 2, section 11, subsection 1 or section 12, subsection 1. In calculating the portion of the sentence, parts of a day shall not be considered.

(2) A person serving combined sentences of imprisonment shall be conditionally released at the latest when at most fifteen years of the sentences have been served. However, if even one of the sentences to be served has, pursuant to section 11, ordered to be served in full, the prisoner shall be conditionally released at the latest when at most twenty years of the sentences have been served. In calculating the maximum period, deductions from the sentences on the basis of chapter 6, section 13 shall be taken into consideration.

(3) If a prisoner serving a fixed-term sentence of imprisonment or a remand prisoner is guilty of an offence referred to in section 11, subsection 1, paragraph 1, the court may on the request of the prosecutor order that the provisions of subsection 2 of this section on the maximum sentence to be served shall not be applied to the sentence to be imposed.

Section 8 – Probationary liberty under supervision

(1) A prisoner may, for the promotion of his or her social adjustment, be placed in probationary liberty under special supervision effected by technical means or otherwise through special means for at most six months before conditional release.

(2) The conditions for probationary liberty under supervision are that :

(1) probationary liberty promotes the implementation of the plan for the term of sentence referred to in chapter 4, section 6 of the Imprisonment Act,
(2) on the basis of the information received on the conduct of the prisoner during his or her sentence, his or her personality and his or her criminality, it can be deemed probable that he or she shall follow the conditions of the probationary liberty,
(3) the prisoner undertakes to refrain from using intoxicating substances and doping substances referred to in chapter 44, section 16 of the Criminal Code and commits to the intoxicant abstinence control referred to in chapter 16, section 7, subsection 3 of the Imprisonment Act,
(4) the prisoner undertakes to comply with the duty to maintain contact and the other necessary written conditions connected with moving outside the institution and participating in activities,
(5) compliance with the conditions of probationary liberty can be supervised in a suitable manner, and
(6) the prisoner consents to the Prison Service authorities being to the necessary extent in contact with authorities, private associations and persons in matters related to the investigation of the conditions for probationary liberty or compliance with the conditions.

(3) If, subsequent to the taking of the decision, the conditions no longer exist for probationary liberty under supervision, the probationary liberty shall be withdrawn. If the prisoner violates the conditions in subsection 2(3)-(4), the prisoner shall be issued a warning or the probationary liberty shall be withdrawn for a fixed period of at least one month or in full. This shall also be done in the cases referred to in subsection 5.

(4) The period from the beginning of the day on which the prisoner violates the contact obligation referred to in subsection 2(4) to the end of the day on which the contact is resumed or on which he or she is apprehended for the purpose of return to prison, is not deemed time serving a sentence.

(5) If the prisoner commits an offence outside the prison, the provisions of chapter 2, section 13, subsection 2 shall be followed.

(6) Chapter 20 of the Imprisonment Act applies to appeal of the decision referred to in subsection 3 and chapter 21 of said Act applies to the authority to take a decision on probationary liberty under supervision.

Section 9 – Postponement of conditional release

(1) With the consent of the prisoner, his or her conditional release may be postponed if new sentences of imprisonment or conversion sentences for unpaid fines are to be enforced or the prisoner wants postponement of conditional release for another justified reason.

(2) Conditional release may be postponed without the consent of the prisoner if on the basis of the conduct of or threats made by the prisoner there is the evident danger that on release he or she would commit an aggravated offence against life, health or liberty and postponement of the release is necessary in order to prevent the offence.

(3) A decision pursuant to subsection 2 to postpone release shall be taken up for reconsideration at intervals of at most six months.

(4) Chapter 20 of the Imprisonment Act applies to appeal of the decision to postpone conditional release and chapter 21 of said Act applies to the authority to take the decision on the postponement of release.

Section 10 – Conditional release from life imprisonment

(1) A person sentenced to life imprisonment may be conditionally released at the earliest when he or she has served twelve years in prison. A person sentenced to life imprisonment for an offence committed before the age of twenty-one years may be conditionally released at the earliest when he or she has spent ten years in prison.

(2) In considering conditional release attention shall be paid to the nature of the offence or offences that had led to the sentence of life imprisonment, other punishments incorporated in the sentence of life imprisonment or that have been served during the period of imprisonment referred to in section 10a, the other possible subsequent criminality of the convicted person, and the factors referred to in section 9, subsection 2. In the consideration of release, attention shall be paid to the implementation of the plan for the term of sentence referred to in chapter 4, section 6 of the Imprisonment Act and also otherwise to the conduct while in prison.

(3) Before a person sentenced to life imprisonment is conditionally released, he or she may be placed in probationary liberty under supervision. If the Criminal Sanctions Agency deems that, due to an offence that has become evident before the probationary liberty under supervision, the release referred to in subsection 2 should be reconsidered, it shall submit the matter for reconsideration by the Helsinki Court of Appeals. The same procedure shall apply in respect of matters related to the term of sentence referred to in section 8, subsection 4, and in chapter 3, section 7 of the Imprisonment Act.

(4) The Act on the Procedure for Release of Long-Term Prisoners applies to consideration of the matter in the Helsinki Court of Appeals. (781/2005)

Section 10(a) – Calculation of the prison time of a person sentenced to life imprisonment

(1) The prison time of a person sentenced to life imprisonment is the sentence and the time that the prisoner has been under arrest, in remand or otherwise deprived of his or her liberty as a result of the offence, before beginning to serve the sentence.

(2) The period of loss of liberty referred to above in subsection 1 shall be deemed prison time even if the prisoner is at the same time serving a fixed-term sentence, imprisonment for unpaid fines, or military confinement.

(3) If a sentence of life imprisonment includes other sentences of imprisonment, the calculation of the prison time shall not include any deductions made from these sentences on the basis of chapter 6, section 13 which apply to the period before the beginning of the period of loss of liberty referred to in subsection 1.

Section 11 – Service of the entire sentence in prison

(1) In imposing a sentence the court may on the request of the prosecutor order that the convicted person shall not be released until he or she has served the entire sentence if :

(1) the offender is sentenced to a fixed-term sentence of imprisonment for at least three years for murder, homicide, killing, aggravated assault, aggravated rape, aggravated sexual abuse of a child, aggravated robbery, aggravated criminal mischief, genocide, crime against humanity, aggravated crime against humanity, war crime, aggravated war crime, torture, aggravated trafficking in persons, taking of a hostage, aggravated endangerment of health, nuclear device offence, hijacking, an offence committed with terrorist intent or an attempt of or complicity in such offence, (990/2009)
(2) during the ten years preceding the offence the offender had been guilty of an offence mentioned in subsection 1 or an offence mentioned in subsection 1 had been committed within three years of his or her release after having served the full sentence in prison or after having served life imprisonment or after he or she had been conditionally released in the manner referred to in section 12, subsection 1, and
(3) on the basis of the factors apparent in the offences and the investigation referred to in chapter 17, section 45, subsection 3 of the Code of Judicial Procedure the offender is to be deemed particularly dangerous to the life, health or freedom of another.

(2) When a joint fixed-term sentence of imprisonment is imposed for two or more offences, a prerequisite for the decision referred to in subsection 1 is that at least one of the offences is mentioned in said subsection and that the sentence imposed for it separately would be a fixed-term sentence of imprisonment of at least three years.

Section 12 – Reconsideration in court

(1) A person ordered to serve the entire sentence shall be conditionally released after he or she has served five-sixths of the sentence if he or she is no longer deemed particularly dangerous to the life, health or liberty of another. Conditional release on the basis of this subsection may occur at the earliest when the prisoner has been in prison for three years.

(2) Before conditional release the prisoner may be placed in probationary liberty under supervision. If the Criminal Sanctions Agency deems that, due to an offence that has become evident before the probationary liberty under supervision, the release referred to in subsection 1 should be reconsidered, it shall submit the matter for reconsideration by the Helsinki Court of Appeals. (1099/2010)

(3) If the person ordered to serve the entire sentence is not conditionally released, he or she shall be placed in probationary liberty under supervision three months before release.

(4) The Act on the Procedure for Release of Long-Term Prisoners applies to consideration of the matter in the Helsinki Court of Appeals.

Section 13 – Probationary period of conditional release

(1) A probationary period, which is equivalent to the length of the sentence remaining at the time of release, begins when a sentenced person is conditionally released. However, the maximum length of the probationary period is three years.

(2) The probationary period of conditional release and the remaining sentence for a person sentenced to life imprisonment is three years. If a person who has served his or her entire sentence in prison commits an offence referred to in section 14, subsection 1 within three years of when he or she was released from serving the entire sentence in prison, this is an aggravated factor in sentencing.

(3) The Act on Supervision on Conditional Release (782/2005) applies to the enforcement of the supervision of conditional release.

Section 14 – Ordering enforcement of the remaining sentence

(1) On the request of the prosecutor, the court may order that the remaining sentence be enforced if the convicted person commits a new offence during the probationary period for which in the consideration of the court he or she should be sentenced to unconditional imprisonment and for which charges have been brought within one year of the termination of the probationary period. In so doing one joint sentence of unconditional imprisonment shall be imposed for the remaining sentence to be enforced and the sentence imposed for the offence committed during the conditional release period, combined with the sentences of imprisonment to be imposed for other offences, in accordance with the provisions of chapter 7. However, the remaining sentence shall not be deemed the more severe penalty referred to in section 5, subsection 2 of said chapter. In determining the length of the remaining sentence to be enforced the court shall take into consideration the provisions of subsection 2.

(2) Enforcement of the remaining sentence may be waived in particular if :

(1) most of the probationary period had been served before the offence referred to in subsection 1 had been committed,
(2) the remaining sentence is brief,
(3) the sentence to be imposed for the offence committed during the probationary period is brief, or
(4) due to the sanction to be imposed on the perpetrator for the offence committed during the probationary period or the other consequences of the sentence the joint sentence would lead to an unreasonable result.

(3) The court may also order that a part of the remaining sentence shall be enforced, in which case the conditional release continues with the former probationary period.

(4) When the court orders that the remaining sentence shall be enforced, it shall state the length of the remaining sentence or part thereof to be enforced.

Chapter 6 – Sentencing

Deductions to be made from the punishment imposed

Section 13 – Deduction of period of loss of liberty

(1) If a sentence of imprisonment for a fixed period is imposed for an act for which the offender has been deprived of his or her liberty for a continuous period of at least one day, the court shall deduct from the punishment a period corresponding to this loss of liberty, or deem this loss of liberty to be full service of the punishment.

(2) The same shall be done if the loss of liberty was due to the defendant having been taken into custody due to charges or a criminal investigation relating to the same matter or due to a court order to the effect that the defendant was to be brought before the court.

(3) If the punishment imposed is a fine, the loss of liberty shall be taken into account to a reasonable amount, but nonetheless at least to an amount corresponding to the loss of liberty, or shall be deemed to be full service of the punishment.

Chapter 6 – Sentencing

Deductions to be made from the punishment imposed

Section 14 – Deduction of punishment imposed abroad

If a person is sentenced in Finland for an offence for which he or she has already served a sanction imposed abroad in full or in part, a reasonable amount shall be deducted from the sentence to be imposed. If the sanction that has been served has been a custodial sentence, the court shall deduct from the sentence the time corresponding to the loss of liberty. The court may also note that the sanction that has been served is to be deemed a sufficient sanction for the offence.

Chapter 7 - Joint punishment

Section 1 - Sentencing to a joint punishment of imprisonment (755/2010)

(1) If a person is to be sentenced to imprisonment for two or more offences at the same time, he or she shall be sentenced to a joint punishment of imprisonment, unless otherwise provided elsewhere in law.

(2) In cases where one offence would be punishable by imprisonment and one or more of the other offences would be punishable by a fine or a summary penal fee, the court may pass a joint sentence of imprisonment for all the offences. The court may also impose a joint sentence of imprisonment for some of the offences and, in addition, a fine or summary penal fine for the other offences, but not both a fine and a summary penal fine.

(3) If one offence would be punishable by life imprisonment, a sentence of life imprisonment shall be passed as a joint punishment for all the offences.

Chapter 7 - Joint punishment

Section 2 - Maximum and minimum for a sentence of imprisonment for a fixed period

(1) When sentencing to a joint punishment, the most severe maximum penalty for among the respective offences may be exceeded, but the sentence shall not be longer than the sum total of the maximum penalties of the respective offences. In addition, the most severe maximum penalty shall also not be exceeded by more than

(1) one year, if the most severe maximum penalty is imprisonment for less than one year and six months,
(2) two years, if the most severe maximum penalty is imprisonment for at least one year and six months but less than four years, or
(3) three years, if the most severe maximum penalty is imprisonment for a fixed period for at least four years.

(2) The sentence shall not be shorter than the most severe minimum penalty for among the respective offences.

(3) The most severe maximum and minimum penalty refers to the sentence that, according to the provisions to be applied in the case, can be passed as the maximum and minimum penalty. If one or more offences are punishable only by a fine, the fines altogether shall be considered to equal one month's imprisonment when calculating the sum total of the maximum penalties of the various offences.

Chapter 7 - Joint punishment

Section 3 - Joint fine

(1) If a person is to be sentenced at the same time to fines for two or more offences, he or she shall instead be sentenced to a joint fine.

(2) The maximum for a joint fine is two hundred and forty day fines. However, a joint fine may not be greater than the sum of the maximum punishments for the separate offences. If a minimum number of day fines has been provided for an offence in an Act enacted after 1 June 1969, the joint fine may not be less than the said minimum.

(3) What is provided above does not apply to the threat of a fine imposed in euros. (515/2003)

Chapter 10 — Forfeiture

Section 1 — General prerequisites of forfeiture

(1) A prerequisite for a forfeiture order is an act criminalised by law (offence).

(2) A forfeiture order may be based on an act criminalised by law also

(1) where the perpetrator has not attained the age of fifteen years at the material time, or is without criminal capacity,
(2) where the perpetrator is exempt from criminal liability pursuant to chapter 4, section 2, section 4, subsection 22, section 5, subsection 2, section 6, subsection 3 or chapter 45, section 26b, subsection 2, or (515/2003)
(3) where a corporation may be sentenced to a punishment in accordance with chapter 9 even if the individual committing the offence cannot be identified or for some other reason cannot be sentenced to a punishment.

Section 2 — Forfeiture of the proceeds of crime

(1) The proceeds of crime shall be ordered forfeit to the State. The forfeiture shall be ordered on the perpetrator, a participant or a person on whose behalf or to whose benefit the offence has been committed, where these have benefited from the offence.

(2) If no evidence can be presented as to the amount of the proceeds of crime, or if such evidence can be presented only with difficulty, the proceeds shall be estimated, taking into consideration the nature of the offence, the extent of the criminal activity and the other circumstances.

(3) Forfeiture of the proceeds of crime shall not be ordered in so far as they have been returned to the injured party, or in so far as they have been or will be ordered to be reimbursed to the injured party by way of compensation or restitution. If a claim for compensation or restitution has not been filed or if the claim has still not been decided when the request for forfeiture is being decided, the forfeiture shall be ordered.

Section 3 — Extended forfeiture of the proceeds of crime

(1) Full or partial forfeiture of property to the State may be ordered

(1) on a person who is found guilty of an offence which carries a possible penalty of imprisonment for at least four years, a punishable attempt of such an offence, or an offence referred to in chapter 32, sections 1 or 6, chapter 46, section 4, chapter 50, sections 1 or 4, of this Code, or in section 82 of the Alcohol Act (459/1968), and
(2) on a participant in an offence referred to in paragraph (1) above and on a person on whose behalf or to whose benefit the said offence has been committed,
provided that the nature of the offence is such that it may result in considerable financial proceeds and that there is reason to believe that the property is fully or partially derived from criminal activity that is not to be considered insignificant. (641/2009)

(2) Moreover, full or partial forfeiture of property, referred to in subsection 1, to the State may be ordered

(1) on a person whose relationship to a person referred to in subsection 1 is one covered by section 3, subsection 1 of the Act on the Recovery of Assets to Bankruptcy Estates (758/1991) (close person) and
(2) on a private entrepreneur, a company, another corporation or foundation whose relationship to a person referred to in subsection 1 or a close person of his or hers is one covered by section 3, subsection 2, paragraphs (1) or (2) of the Act on the Recovery of Assets to Bankruptcy Estates, if there is reason to believe that the property has been conveyed to the same in order to avoid forfeiture or liability.

(3) A forfeiture referred to in subsection 2 shall not be ordered if the property has been conveyed more than five years before the commission of the offence referred to in subsection 1.

(4) If the same forfeiture is ordered on two or more persons, their liability is joint and several.

Section 4 — Forfeiture of an instrument of crime

(1) The following instruments shall be ordered forfeit to the State, when used in the commission of an offence :

(1) a firearm, edged weapon or another similar lethal instrument, and
(2) any other object or property the possession of which is punishable.

(2) Also the following may be ordered forfeit to the State :

(1) an object or property that has been used in the commission of an intentional offence, and
(2) an object or property that is closely connected to an intentional offence for which the proceedings have been brought, when it has been obtained or prepared solely or mainly for the intentional offence or where its characteristics make it especially suitable as an instrument of an intentional offence.
(3) In the assessment of the need for forfeiture, special consideration shall be taken of the prevention of further offences.

Section 5 — Forfeiture of certain other property

(1) An object or property which has been produced, manufactured or brought about by way of an offence, or at which an offence has been directed, shall be ordered forfeit to the State if its possession is punishable.

(2) An object or property which has been produced, manufactured or brought about by way of an offence, or at which an offence has been directed, may be ordered fully or partially forfeit, if forfeiture is necessary :

(1) due to the object or property being hazardous to health or the environment,
(2) in order to prevent further offences, where the object or property is especially suitable as a target of an offence or as an instrument of crime,
(3) in order to achieve the objective of provisions or orders pertaining to economic regulation, import or export, or
(4) in order to achieve the objective of provisions or orders for the protection of nature and the environment.

(3) A container, packaging or other material used for the storage of an object or property that is to be ordered forfeit may likewise be ordered forfeit, if the forfeiture of the object or property cannot otherwise be enforced without undue inconvenience.

Section 6 — Restrictions on forfeiture

(1) An object or other property referred to in section 4 or 5 may not be ordered forfeit if it belongs in full or in part to someone else than the offender, a participant or a person on whose behalf or with whose consent the offence has been committed. However, the object or property may be ordered forfeit from a person to whom it has been conveyed after the commission of the offence, if, when receiving it, he or she knew or had justifiable reason to believe that the object or property was linked to an offence, or if he or she has received it as a gift or otherwise free of charge.

(2) Regardless of ownership, an object or property shall be ordered forfeit also if the owner would commit an offence by having the object or property in his or her possession.

Section 7 — Lapse of forfeiture

(1) Upon deciding a request for forfeiture, the court may on the consent of the defendant order that the forfeiture shall lapse if the object or property referred to in section 4 or 5 is altered within a given period as specified in the judgment, or other measures specified in the judgment are carried out thereon, with the result that the forfeiture thus becomes unnecessary.

(2) The bailiff monitors compliance with the specifications in the judgment and decides whether the forfeiture shall lapse. The person subject to the forfeiture may appeal against the decision in accordance with the procedure on appeals in enforcement. For a special reason, the bailiff may extend the period referred to in subsection 1. The Legal Register Centre shall be notified of a lapse of forfeiture.

(3) The person subject to the forfeiture is liable for the costs of alteration and the other enforcement of the judgment.

Section 8 — Forfeiture of value

(1) If an object or property referred to in section 4 or 5 cannot be ordered forfeit owing to a restriction referred to in section 6, subsection 1, or because the object or property has been hidden or is otherwise inaccessible, a full or partial forfeiture of the value of the object or property may be ordered on the offender, a participant or a person on whose behalf or with whose consent the offence has been committed, instead of forfeiture of the object or property itself. In addition, forfeiture of value may be ordered on a person to whom the object or property has been conveyed, if, when receiving it, he or she knew or had justifiable reason to suspect that the object or property was linked to an offence, or if he or she has received it as a gift or otherwise free of charge.

(2) However, forfeiture of value may not be ordered if the person referred to in subsection 1 shows that the object or property has probably been destroyed or consumed.

(3) If the forfeiture of the value of the same object or property is ordered on two or more persons, their liability is joint and several. However, a person on whom forfeiture of value has not been ordered in full, is liable only to the amount mentioned in the judgment.

Section 9 — Request for forfeiture

(1) Forfeiture shall be ordered on the request of a prosecutor or an official referred to in section 3 of the Fine and Summary Penal Fee Act. Also an injured party may request forfeiture when prosecuting charges on his or her own in accordance with chapter 7 of the Criminal Procedure Act (755/2010).

(2) Chapter 1, section 8b, of the Criminal Procedure Act contains provisions on the grounds on which a prosecutor may waive a request for forfeiture. (650/2003)

Section 10 — Adjustment of forfeiture

(1) Forfeiture need not be ordered, if :

(1) the proceeds of crime are, or the value of the object or property is, insignificant,
(2) the punishment of the offender is waived in accordance with chapter 3, section 5, subsection 3 or 4, or another corresponding provision, or
(3) the forfeiture would be unreasonable in view of the nature of the offence and the object or property, the financial standing of the defendant, and the other circumstances.

(2) On the prerequisites referred to in subsection 1, the forfeiture may be ordered on value instead of the object or property, or only a part of the object, property or value. Likewise, a partial forfeiture of the object or property and a partial forfeiture of the value may be ordered. A partial forfeiture of the proceeds of crime may also be ordered.

Section 11 — Miscellaneous provisions

(1) When the forfeiture liability of someone else than the suspect or the defendant is being considered in a pre-trial investigation or in criminal proceedings, the procedural provisions on the suspect or the defendant apply to that person in so far as appropriate.

(2) If compensation or restitution has been paid or ordered to be paid after the issue of the decision referred to in section 2, subsection 3, the forfeiture may be enforced to a correspondingly reduced amount. If the forfeiture has already been enforced, the amount may be ordered to be paid from State funds. An action to this effect shall be brought in the District Court of the plaintiff’s domicile or the District Court of Helsinki within five years from the date when the judgment containing the forfeiture order became final. The State, represented by the Legal Register Centre, is the respondent in such a case.

(3) A person who in good faith has obtained a mortgage, a lien or a right of retention to an object or property referred to in section 4 or 5 and ordered forfeit may foreclose on the same regardless of whether the underlying receivable has become due. An action to this effect shall be brought as provided in subsection 2. Failing this, the mortgage, lien or right of retention expires.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.