Finland

The Penal Code of Finland

Chapter 1 - Scope of application of the criminal law of Finland

Section 13 - Foreign judgment

(1) Charges may not be brought in Finland if a judgment has already been passed and has become final in the State where the act was committed or in another member state of the European Union and

(1) the charge was dismissed,
(2) the defendant was found guilty but punishment was waived,
(3) the sentence was enforced or its enforcement is still in progress or
(4) under the law of the State where the judgment was passed, the sentence has lapsed. (814/1998)

(2) The provisions of subsection 1 notwithstanding, the Prosecutor-General may order that the charge be brought in Finland if the judgment passed abroad was not based on a request of a Finnish authority for a judgment or on a request for extradition granted by the Finnish authorities and

(1) under section 3, the offence is deemed to be directed at Finland,
(2) the offence is an offence in public office or a military offence referred to in section 4,
(3) the offence is an international offence referred to in section 7, or
(4) pursuant to section 10, the offence is deemed to have been committed also in Finland. However, the Prosecutor-General shall not order charges to be brought for an offence that has been partially committed in the territory of that member state of the European Union where the judgment was passed. (814/1998)

Keywords

Ne bis in idem
Ne bis in idem - foreign court



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