Chapter 2
Provision of assistance

Section 9
Execution of requests

Where the request cannot be executed or the execution of the request is delayed, the authority of the requesting foreign State shall be promptly notified thereof and be informed of the reasons of the non compliance or the delay.

Chapter 2
Provision of assistance

Section 13
Discretionary grounds for refusal

Assistance may be refused, where:

1) the request relates to an offence that is of a political character or an offence under military law only;

2) the request relates to an offence, committed by a person who according to Finnish law could no longer be prosecuted by reason of lapse of time, pardon or by any other reason;

3) the request relates to an offence which in Finland or in a third State is subject to pre trial investigations or under consideration of a prosecution authority or where court proceedings have been initiated;

4) the request relates to an offence for which the pre trial investigations, prosecution or punishment, or any other punitive sanctions have been waived in Finland or in a third State;

5) the request relates to an offence in respect of which the offender has been sentenced or acquitted in Finland or in a third State; or

6) the execution of the request would, having regard to the nature of the offence, impose an unreasonable burden on the resources available.

The execution of the request may be postponed, if the execution of the request would cause inconvenience or delay in a criminal investigation, pre trial investigations or court proceedings in Finland.

Chapter 2
Provision of assistance

Section 14
Decisions to refuse assistance and appeal

The decision to refuse assistance by virtue of section 12, paragraph 1 shall be made by the Ministry of Justice. In other cases the decision not to comply with the request for assistance shall be made by the authority competent to execute the request. Where the request for assistance has been transmitted to the Ministry of Justice as the Central Authority, the Ministry may, instead of transmitting the request to the competent authority, decide that assistance shall be refused where it is evident that the request cannot be complied with.

Where the court of first instance has decided not to comply with the request for assistance, the Ministry of Justice may submit the matter to the Court of Appeal. Where the Court of Appeal decides that the assistance requested shall be refused, the Ministry of Justice may directly submit the matter to the Supreme Court. In other cases a decision to the refuse assistance shall not be subject to appeal.

Chapter 3
Specific provisions on the provision of assistance

Section 18
Refusal to serve a summons

The service of a summons requiring the appearance of a person may be refused, where the summons and the accompanying documents have not been transmitted to the requested Finnish authority by a reasonable time before the date set for appearance. The service may nevertheless be effected, if the person on whom the document is to be served accepts it voluntarily.

Article 90
Competing requests
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or
(b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
(c) The possibility of subsequent surrender between the Court and the requesting State.
7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:
(a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
(b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
8. Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.

Article 93
Other forms of cooperation
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.