Chapter 2 - Penalties

Section 3

(2) A sentence of life imprisonment shall be passed instead of imprisonment in the penitentiary for life. A sentence of imprisonment for a fixed period shall be passed instead of imprisonment in the penitentiary for a fixed period, the sentence scale provided for imprisonment in the penitentiary shall be used. If no specific minimum and maximum periods have been provided, a sentence of imprisonment for at least six months and at most twelve years shall be passed instead of imprisonment in the penitentiary.

Chapter 2 - Penalties

Section 3

(3) Unless otherwise provided, the maximum period of imprisonment on the basis of a penal provision enacted before 1 July 1975 is four years.

Chapter 2(c) – Imprisonment

General provisions

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.

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 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.

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 11 – War crimes and crimes against humanity

Section 5 - War crime

(1) A person who in connection with a war or other international or domestic armed conflict or occupation in violation of the Geneva conventions on the amelioration of the condition of the wounded and sick in armed forces in the field, the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea, the treatment of prisoners of war or the protection of civilian persons in time of war (Treaties of Finland 8/1955, Geneva conventions) or the additional amendment protocols done in 1949 to the Geneva Conventions, on the protection of victims of international armed conflicts and the protection of victims of non-international armed conflicts (Treaties of Finland 82/1980, I and II protocols) or other rules and customs of international law on war, armed conflict of occupation,

(1) kills another or wounds or tortures him or her or in violation of his or her interests maims him or her or subjects him or her to a biological, medical or scientific experiment or in another manner causes him or her considerable suffering or a serious injury or seriously harms his or her health,
(2) rapes another, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or sterilization or commits other corresponding aggravated sexual violence against him or her,
(3) destroys, confiscates or steals property arbitrarily and without military need,
(4) in connection with an assault or otherwise plunders a town or another corresponding place,
(5) takes or recruits children below the age of 18 years into military forces or into groups in which they are used in hostilities,
(6) forces a prisoner of war or another protected person to serve in the military forces of the enemy or participate in military action against their own country,
(7) denies a prisoner of war or another protected person the rights to a fair and lawful trial or in another manner denies him or her legal guarantees,
(8) initiates an attack that causes the loss of human life or injuries or extensive, long-term and serious environmental damage that are clearly excessive in comparison with the anticipated real and direct military benefit,
(9) attacks civilian populations, civilians not taking part in hostilities or civilian targets or persons engaged in tasks referred to in the Charter of the United Nations (Treaties of Finland 1/1956) or property used by them,
(10) attacks undefended civilian targets or bombs them, attacks places used for religious worship, science, art, medical treatment or charity or historical monuments or attacks persons who are using the symbols referred to in the Geneva conventions or the I or III protocol to the Geneva conventions,
(11) misuses a white flag, the flag of the enemy, the flag of the United Nations, military insignia, a military uniform or the symbols referred to in the Geneva conventions or the I or III protocol to the Geneva conventions,
(12) holds in unlawful detention or forcibly transfers or deports population or parts thereof,
(13) takes persons as hostages, announces that no mercy shall be given, uses civilians or other protected persons in order to protect military targets, prevents civilians from receiving foodstuffs or other supplies necessary for survival or emergency assistance or uses other means of warfare prohibited in international law, or
(14) uses poison or a poison weapon, suffocating or poisonous gases or other corresponding substances, weapons, ammunition or materiel that cause excessive injuries or unnecessary suffering, or chemical, biological or other prohibited weapons or ordnance,

shall be sentenced for a war crime to imprisonment for at least one year or for life.

(2) Also a person who commits another act defined under article 8 of the Rome Statute of the International Criminal Court (Treaties of Finland 56/2002) or in another manner violates the provisions of an international agreement on war, armed conflict or occupation that is binding on Finland or the generally recognized and established laws and customs of war in accordance with international law shall be sentenced for a war crime.

(3) An attempt is punishable.

Section 6 - Aggravated war crime

(1) If the war crime is committed as part of a plan or policy or as part of extensive war crimes and

(1) the offence is directed against a large group of persons,
(2) the offence causes very serious and extensive damage,
(3) the offence is committed in an especially brutal, cruel or degrading manner, or
(4) the offence is committed in an especially planned or systematic manner,
and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for an aggravated war crime to imprisonment for at least eight years or for life.

(2) An attempt is punishable.

Section 7 - Petty war crime

(1) If the war crime, considering the consequence caused or the other relevant circumstances, is petty when assessed as a whole, the offender shall be sentenced for a petty war crime to a fine or to imprisonment for at most two years.

(2) An attempt is punishable.

Section 7(a) – Violation of the ban on anti-personnel mines (1466/2011)

A person who, in violation of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Agreements of Finland /20)

(1) uses anti-personnel mines other than in the manner referred to in sections 5 through 7, or
(2) develops, produces, otherwise obtains, stockpiles, possesses, transfers or exports or imports anti-personnel mines

shall be sentenced for violation of the ban on anti-personnel mines to imprisonment for at least four months and at most six years.

Section 8 - Breach of the prohibition of chemical weapons

A person, who in breach of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Treaties of Finland 19/1979)

(1) uses chemical weapons in a manner not referred to in sections 5 - 7 of this chapter,
(2) develops, produces, otherwise procures, stockpiles, possesses or transports chemical weapons, or
(3) participates in military preparations for the use of chemical weapons,

shall be sentenced for breach of the prohibition of chemical weapons to imprisonment for at least four months and at most six years.

Section 9 – Breach of the prohibition of biological weapons

A person who

(1) uses a biological or a toxin weapon in a manner not referred to in sections 1 through 3 of this chapter,
(2) unlawfully prepares, transports or delivers a biological weapon or a toxin weapon, or
(3) in violation of an international convention on the development, production and storage of bacteriological (biological) and toxin weapons and on their destruction (Treaties of Finland 15/1975) develops, prepares, otherwise procures, stores or possesses a biological weapon or a toxin weapon or weapons, devices or equipment for the dissemination of a biological weapon or a toxin weapon,

shall be sentenced, unless the same or a more severe penalty for the act has been provided elsewhere in the law, for a breach of the prohibition of biological weapons to imprisonment for at least four months and at most six years.

Chapter 11 – War crimes and crimes against humanity

Section 13 – Failure to report the offence of a subordinate

(1) A military or other superior who neglects to undertake the necessary measures that can be reasonably expected of him or her in order to submit to the authorities for investigation an offence referred to in section 1 or sections 3-7 or the present section suspected to have been committed by a person factually under his or her command and supervision, shall be sentenced for failure to report the offence of subordinate to a fine or to imprisonment for at most two years.

(2) However, a superior who is a participant in the offence committed by his or her subordinate or under the conditions referred to in section 12 is an offender or participant in the offence committed by his or her subordinate shall not be sentenced for failure to report the offence of the subordinate.

Chapter 12 - Treasonable offences

Section 2 – Incitement to war

If a person in Finland or a Finnish citizen outside of Finland, during an ongoing or imminent military crisis or international political crisis, for the purpose of causing Finland to be at war or the target of a military operation

(1) publicly exhorts a foreign state to carry out an act of aggression against Finland or Finland to carry out an act of aggression against a foreign state,
(2) publicly disseminates statements or other propaganda intended to turn the public opinion in favour of the carrying out of acts of aggression,
(3) systematically disseminates manifestly unfounded or misleading information on the Finnish defence or the military or security policy of Finland, or
(4) unlawfully commits a violent act against a foreign state or the representative, territory or property of a foreign state
so that the act evidently increases the danger of Finland being at war or the target of a military operation, that person shall be sentenced for incitement to war to imprisonment for at least one and at most ten years.

Chapter 15 - Offences against the administration of justice

Section 1 - False statement in court

(1) If,

(1) a witness or an expert witness in court,
(2) a party to a matter in court, when heard under affirmation, or
(3) another person in court, under oath or affirmation,

makes a false statement in the matter or without lawful cause conceals a pertinent circumstance, that person shall be sentenced for a false statement in court to imprisonment for at most three years.

Chapter 15 - Offences against the administration of justice

Section 2 - False statement in official proceedings

(1) If

(1) a person under oath or affirmation in official proceedings comparable to a trial,
(2) a person other than the suspect, when being questioned in person in criminal investigations, or
(3) a person other than one referred to in chapter 6, section 2, subsection 2 of the Police Act (872/2011) , when being questioned in a police inquiry or in comparable official proceedings,

makes a false statement in the matter or without lawful cause conceals a pertinent circumstance, said person shall be sentenced for a false statement in official proceedings to a fine or to imprisonment for at most two years.

Chapter 15 - Offences against the administration of justice

Section 3 - Aggravated false statement in court

If, in a false statement referred to in section 1,

(1) serious danger arises of the court sentencing an innocent person to imprisonment or to another severe penalty, or a person to a significantly more severe penalty than what would otherwise be the case, or that the court is very likely otherwise to make a wrong decision causing very considerable damage to a party,
(2) the falsehood or the concealment pertains to an especially important circumstance, or
(3) the offence is committed in an especially methodical manner,

and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for an aggravated false statement in court to imprisonment for at least four months and at most six years.

Chapter 15 - Offences against the administration of justice

Section 4 - Negligent false statement

A person who

(1) as a witness or expert witness in court, or
(2) under a party’s affirmation, oath or affirmation in court or in official proceedings comparable to a trial,

negligently makes a false statement or conceals a pertinent circumstance, shall be sentenced for a negligent false statement to a fine or to imprisonment for at most six months.

Chapter 15 - Offences against the administration of justice

Section 5 - Attempted incitement to a false statement

A person who attempts to incite another person to commit an offence referred to in sections 1 - 3 shall be sentenced for attempted incitement to a false statement to a fine or to imprisonment for at most one year.

Chapter 15 - Offences against the administration of justice

Section 7 - Falsification of evidence (563/1998)

(1) A person, who for the purpose of having an innocent person sentenced or otherwise to cause damage to another person, conceals, destroys, defaces, alters or otherwise falsifies an object, document or other item necessary as evidence before a court or in criminal investigations and that he knows to be of significance in the matter, shall be sentenced for falsification of evidence to a fine or to imprisonment for at most two years.

Chapter 15 - Offences against the administration of justice

Section 8 - Aggravated falsification of evidence

If, in the falsification of evidence,

(1) serious danger arises of an innocent person being sentenced to imprisonment or to another severe penal sanction,
(2) the offence pertains to particularly important evidence, or
(3) the offence is committed in a particularly methodical manner,

and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated falsification of evidence to imprisonment for at least four months and at most six years.

Chapter 15 - Offences against the administration of justice

Section 9 - Threatening a person to be heard in the administration of justice

A person who unlawfully

(1) by violence or threats prevents or attempts to prevent another person from making a statement as a witness, expert witness, other person to be heard or a party in a trial, criminal investigation, police inquiry or other comparable official proceedings, or influences or attempts to influence the contents of the statement, or
(2) employs violence or threats violence against another person or a person related to him or her in the manner referred to in section 10, subsection
2 because of a statement made by him or her in the hearing referred to above,

shall be sentenced, unless a more severe penalty for the act has been provided elsewhere in the law, for threatening a person to be heard in the administration of justice to a fine or to imprisonment for at most three 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.

Chapter 15 - Offences against the administration of justice

Section 11 - Harbouring an offender

(1) A person who, after becoming aware of an offence, by furthering the escape of the offender or by destroying evidence prevents or attempts to prevent the offender from being brought to justice, shall be sentenced for harbouring an offender to a fine or to imprisonment for at most one year.

Chapter 16 - Offences against the public authorities

Section 1 - Violent resistance to a public official

(1) A person who

(1) employs or threatens violence so as to force a public official to perform or to refrain from performing an official act involving the exercise of public authority,
(2) otherwise employs or threatens violence against the public official because of the official act being carried out, or
(3) employs violence against a public official or a related person, as referred to in chapter 15, section 10, subsection 2, in revenge for the official act,
shall be sentenced for violent resistance to a public official to imprisonment for at least four months and at most four years.

(2) Also a person who behaves in the manner referred to in subsection 1 towards a person who, at the request or with the consent of a public official, assists the public official in an official duty involving the exercise of public authority shall be sentenced for violent resistance to a public official. (604/2002)

Section 2 - Resistance to a public official

If the violent resistance to a public official, taking into account the minor significance of the violence or threat or the other circumstances of the offence, is to be deemed committed under mitigating circumstances, when assessed as a whole, the offender shall be sentenced for resistance to a public official to a fine or to imprisonment for at most six months.

Section 3 - Obstruction of a public official

(1) A person who, without employing or threatening violence, prevents or attempts to prevent an official act, as referred to in section 1, or make it more difficult to carry out, shall be sentenced for obstruction of a public official to a fine.

(2) Also a person who behaves in the manner referred to in subsection 1 towards a person who, at the request or with the consent of a public official, assists the public official in an official duty involving the exercise of public authority shall be sentenced for obstruction of a public official. (604/2002)

Chapter 40 - Offences in office

Section 1 – Acceptance of a bribe

(1) If a public official, for his or her actions while in service, for himself or herself or for another,

(1) asks for a gift or other unlawful benefit or otherwise takes an initiative in order to receive such a benefit,
(2) accepts a gift or other benefit which influences, which is intended to influence or which is conducive to influencing him or her in said actions, or
(3) agrees to the gift or other benefit referred to in paragraph (2) or to a promise or offer thereof,
he or she shall be sentenced for acceptance of a bribe to a fine or to imprisonment for at most two years.

(2) A public official shall be sentenced for acceptance of a bribe also if for his or her actions while in service he or she agrees to the giving of the gift or other benefit referred to in subsection 1(2) to another or to a promise or offer thereof.

(3) A public official may also be sentenced to dismissal if the offence demonstrates that he or she is manifestly unfit for his or her duties.

Section 2 - Aggravated acceptance of a bribe

If in the acceptance of a bribe

(1) the public official stipulates the bribe as a condition for his or her actions or it is his or her intention, because of the gift or benefit, to act in a manner contrary to his or her duties to the considerable benefit of the party giving the gift or of another, or to the considerable loss or detriment of another, or
(2) the gift or benefit is of significant value
and the acceptance of a bribe is aggravated also when assessed as a whole, the public official shall be sentenced for aggravated acceptance of a bribe to imprisonment for at least four months and at most four years and in addition to dismissal.

Section 3 – Bribery violation

If a public official, for himself or herself or for another

(1) asks for a gift or other unlawful benefit or otherwise takes an initiative in order to receive such a benefit, or
(2) accepts or agrees to a gift or other benefit or agrees to a promise or offer of such a gift or other benefit
so that the actions are conducive to weakening confidence in the impartiality of the actions of authorities, he or she shall be sentenced, if the act is not punishable as the acceptance of a bribe or aggravated acceptance of a bribe, for a bribery violation to a fine or to imprisonment for at most six months.