'Genocide' in document 'Finland - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Decree on the application of chapter 1, section 7 of the Criminal Code (627/1996)

Section 1

[1] In the application of chapter 1, section 7 of the Criminal Code, the following offences are deemed international offences :

(3) genocide and the preparation of genocide referred to in the Convention on the Prevention and Punishment of the Crime of Genocide (Treaties of Finland 5/1960),

Decree on the application of chapter 1, section 7 of the Criminal Code (627/1996)

Section 1

(2) Also a punishable attempt of and punishable participation in an offence referred to in subsection 1 is deemed an international offence.

Chapter 11 – War crimes and crimes against humanity

Section 1 - Genocide

(1) A person who for the purpose of entirely or partially destroying a national, ethnic, racial or religious group or another comparable group

(1) kills members of the group,
(2) inflicts grievous bodily or mental illness or injuries on members of the group,
(3) subjects the group to such living conditions that can cause the physical destruction of the group in whole or in part,
(4) undertakes forcible measures to prevent procreation among the group, or
(5) forcibly moves children from one group to another,
shall be sentenced for genocide to imprisonment for at least four years or for life.

(2) An attempt is punishable.

Section 2 - Preparation of genocide

A person who for the purpose referred to in section 1

(1) conspires with another to commit genocide, or
(2) makes a plan for genocide
shall be sentenced for preparation of genocide to imprisonment for at least four months and at most four years.

Chapter 15 - Offences against the administration of justice

Section 10 - Failure to report a serious offence

(1) A person who knows of imminent genocide, preparation of genocide, crime against humanity, aggravated crime against humanity, war crime, aggravated war crime, torture, breach of the prohibition of chemical weapons, breach of the prohibition of biological weapons, compromising of the sovereignty of Finland, treason, aggravated treason, espionage, aggravated espionage, high treason, aggravated high treason, rape, aggravated rape, aggravated sexual abuse of a child, murder, manslaughter, killing, aggravated assault, robbery, aggravated robbery, trafficking in persons, aggravated trafficking in persons, hostage taking, aggravated criminal mischief, aggravated endangerment of health, nuclear device offence, hijacking, an offence committed with terrorist intent referred to in chapter 34a, section 1, subsection 1(3), aggravated impairment of the environment or aggravated narcotics offence, and fails to report it to the authorities or the endangered person when there still is time to prevent the offence, shall be sentenced, if the offence or a punishable attempt thereof is committed, for a failure to report a serious offence to a fine or to imprisonment for at most six months.

RELEVANT ROME STATUTE PROVISIONS

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.