1. Stopped By The Police On The Street, Now What?
What to do if you are arrested by the police?
We advise that you:
What if an officer just begins speaking to me but does not order me to do anything?
Generally, it is worth cooperating with the police. However, you are free to decide if you want to answer any questions, especially when you are not suspected of any offence.
If you are suspected of an offence, you have the right not to incriminate yourself. This means that you have the right not to contribute to the investigation of the offence in which you are suspected. For instance, you are not obliged to answer questions or produce documents in relation to the offence.
However, to carry out their duty, a police officer has the right to obtain your name, personal identity code or, if you do not have one, your date of birth and nationality, and the place where you may be reached (i.e. identifying information).
Before an interrogation, you must be informed of your status, your right to request the interrogation of a witness and your linguistic rights.
Legal Source:
Criminal Investigations Act, Chapter 4, Section 3
The Police Act, Chapter 2, Section 1, Subsection 1
Criminal Investigations Act, Chapter 7, Section 10
What if the officers do not identify themselves?
Police officers always carry an official badge that identifies them as police officers. If you cannot see it, politely ask them to identify themselves. A police officer must always show his/her official badge if you request it, as long as doing so will not jeopardise the performance of their duties.
In some situations a police officer may appear in plain clothes. Generally a police officer in plain clothes will show his/her official badge on his/her own initiative and therefore you do not have to ask them to identify themselves.
Legal Source:
The Police Act, Chapter 1, Section 8
The Police Act, Chapter 1, Section 10
Can the police arrest you for refusing to answer questions?
You can be fined or arrested for 'contumacy to the police' e.g. resistance to the police, if you:
If you stop or attempt to stop an officer's actions, or make it more difficult for them to carry one out, you might have to pay a fine but you will not be arrested, as long as you are not violent.
Legal Source:
The Criminal Code of Finland, Chapter 16, Section 4
The Criminal Code of Finland, Chapter 16, Section 1 and 3
We advise that you:
- Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.
- It is not a good idea to touch police officers. Keep your hands where the police can see them.
- It is not a good idea to resist, even if you’re innocent or if you think the police are acting unfairly or unlawfully (in a manner not authorized by law).
What if an officer just begins speaking to me but does not order me to do anything?
Generally, it is worth cooperating with the police. However, you are free to decide if you want to answer any questions, especially when you are not suspected of any offence.
If you are suspected of an offence, you have the right not to incriminate yourself. This means that you have the right not to contribute to the investigation of the offence in which you are suspected. For instance, you are not obliged to answer questions or produce documents in relation to the offence.
However, to carry out their duty, a police officer has the right to obtain your name, personal identity code or, if you do not have one, your date of birth and nationality, and the place where you may be reached (i.e. identifying information).
Before an interrogation, you must be informed of your status, your right to request the interrogation of a witness and your linguistic rights.
Legal Source:
Criminal Investigations Act, Chapter 4, Section 3
The Police Act, Chapter 2, Section 1, Subsection 1
Criminal Investigations Act, Chapter 7, Section 10
What if the officers do not identify themselves?
Police officers always carry an official badge that identifies them as police officers. If you cannot see it, politely ask them to identify themselves. A police officer must always show his/her official badge if you request it, as long as doing so will not jeopardise the performance of their duties.
In some situations a police officer may appear in plain clothes. Generally a police officer in plain clothes will show his/her official badge on his/her own initiative and therefore you do not have to ask them to identify themselves.
Legal Source:
The Police Act, Chapter 1, Section 8
The Police Act, Chapter 1, Section 10
Can the police arrest you for refusing to answer questions?
You can be fined or arrested for 'contumacy to the police' e.g. resistance to the police, if you:
- refuse to comply with an order given by a police officer to maintain public order and safety or to carry out an official duty.
- refuse to provide a police officer with your identifying information (e.g. your name, personal identity code or, if you do not have one, date of birth and nationality, and the place where you may be reached).
If you stop or attempt to stop an officer's actions, or make it more difficult for them to carry one out, you might have to pay a fine but you will not be arrested, as long as you are not violent.
Legal Source:
The Criminal Code of Finland, Chapter 16, Section 4
The Criminal Code of Finland, Chapter 16, Section 1 and 3
2. When Can Police Search You and Your Surroundings?
Can the police conduct a personal search?
There are two types of personal search:
An official with the power to arrest has the right to decide whether to conduct a frisk or body search. A police officer may in some situations carry out a search on a person if necessary due to the urgency of the matter.
These searches are considered coercive measures i.e. forced measures, and so they may be carried out against your will.
However, coercive measures can only be used if they are justifiable. This means that the use of coercive measures may not go beyond what is necessary and they must not cause unnecessary damage or inconvenience.
Can the police conduct a search of your car, house or other surroundings?
Yes, but the law sets requirements as to the situations in which a search may be conducted.
A search of your car may be conducted if it can be assumed on very justifiable grounds that an object, property, document, information or matter related to the crime under investigation, or a person who is likely to be arrested, detained or imprisoned will be found in the course of the search.
A search of your house may be conducted if it belongs to a suspect and if:
A search of a house or another place may be conducted (even if it is not owned by a suspect) if an offence has been committed there or the suspect has been arrested there or if otherwise it can be assumed on very justifiable grounds that an object, property, document, information or matter related to the crime under investigation would be found in the search.
If a search of your house is conducted and you are home, you must be informed of the purpose of the search and be provided with a copy of a search warrant (a legal document authorizing a police officer to enter and search the house). If there is no written search warrant, you must be informed of your right to receive a copy of the search warrant upon request. In addition, you must be informed of your right to refer the case to the court for review and your right to receive a copy of the record of the search.
These searches are considered coercive measures i.e. forced measures, and so they may be carried out against your will.
Can the police still search you if they do not suspect you of a crime?
Yes, in some situations.
If you are not suspected of an offence, the police may only frisk you if there are very justifiable grounds to assume that the search will lead to the finding of a specific object, property, document or information or matter related to the crime under investigation.
If an offence has been committed for which the most severe punishment would be imprisonment for at least four years, the police may carry out a bodily search to obtain a DNA sample, a gun powder sample etc. without your consent even if you are not suspected of an offence. To do so, the search has to be very important for the investigation of the offence and it would be impossible or much more difficult to solve the crime in a less invasive way.
Who can carry out a search?
Only an official who has the power to arrest may decide to conduct a personal search, unless an immediate search is necessary due to the urgency of the situation. A bodily search is usually carried out by a healthcare professional.
A thorough personal search should be carried out in a special place reserved for that purpose. If the search includes an examination that requires medical expertise, it may only be conducted by a medical practitioner.
A bodily search (or frisk if your body is touched with a hand or similar) must not be conducted by a member of the opposite sex unless they are a medical practitioner. A member of the opposite sex who is not a medical practitioner may conduct a bodily search which consists only of taking a saliva sample or a breathalyser test. Unless a bodily search includes only taking a blood sample, saliva sample, clinical test for intoxication and breathalyser test, no member of the opposite sex may be present at the bodily search.
A bodily search must not result in a significant deterioration of your health.
May the police take my fingerprints?
Yes, but only in certain circumstances.
If a police officer suspects you of an offence, they may take fingerprints, handprints and footprints, handwriting samples, voice and smell samples, photographs and information on identifying marks for the purpose of identification, investigation of a crime and registration of the offender(s).
If the police do not suspect you, they may only take this information from you if it is for a criminal investigation of an offence for which the most severe punishment is imprisonment for at least a year, such as theft, aggravated assault and drugs offences.
May my DNA sample be registered?
The police can only take a DNA sample if they suspect you of a crime for which the most severe punishment would be imprisonment for at least six months, such as petty assault, theft, damage to property or fraud.
What if they want to search my phone?
A search of a device for data may be conducted if there is reason to suspect that an offence for which the most severe punishment would be imprisonment for at least six months has been committed and it may be presumed that the search will lead to the discovery of a particular document or information defined in the Coercive Measures Act that is connected with the offence under investigation. A police officer may take possession of a technological device in order to conduct a search of its data.
Even if you are the suspect of an offence, you do not have to give a police officer your device password due to the fact that you have the right not to contribute to the investigation.
Legal Source:
Coercive Measures Act, Chapter 8, Section 1-4 and 6
Coercive Measures Act, Chapter 8, Section 30-33
Coercive Measures Act, Chapter 9 Section 3 and 4
Coercive Measures Act Chapter 8, Section 20-22
Criminal Investigations Act, Chapter 4, Section 3
There are two types of personal search:
- Frisk - in order to investigate what you have in your clothes or otherwise on you/ in your possession.
The police can only carry out a frisk if they suspect you of a crime for which the most severe punishment would be imprisonment for at least six months or, for example, assault, theft, damage or fraud.
- Body search - includes an inspection of your body, the taking of a blood or other sample or other search of the body.
The police can only carry out a bodily search in order to find a specific object, property, document or data and they have probable grounds to suspect you of an offence for which the most severe punishment is imprisonment for at least a year, drunk driving or illegal use of drugs.
An official with the power to arrest has the right to decide whether to conduct a frisk or body search. A police officer may in some situations carry out a search on a person if necessary due to the urgency of the matter.
These searches are considered coercive measures i.e. forced measures, and so they may be carried out against your will.
However, coercive measures can only be used if they are justifiable. This means that the use of coercive measures may not go beyond what is necessary and they must not cause unnecessary damage or inconvenience.
Can the police conduct a search of your car, house or other surroundings?
Yes, but the law sets requirements as to the situations in which a search may be conducted.
A search of your car may be conducted if it can be assumed on very justifiable grounds that an object, property, document, information or matter related to the crime under investigation, or a person who is likely to be arrested, detained or imprisoned will be found in the course of the search.
A search of your house may be conducted if it belongs to a suspect and if:
- there is reason to suspect that an offence has been committed and the most severe punishment provided for the offence is imprisonment for
at least six months; and
- it can be assumed that the search will uncover the following, in connection with the offence under investigation:
- an object, property, document or information that would be confiscated (e.g. seized)
- a document that would be used as evidence in criminal proceedings and may be copied
- property which may be confiscated for security reasons; or
- a situation that may be of significance in the investigation of the offence.
A search of a house or another place may be conducted (even if it is not owned by a suspect) if an offence has been committed there or the suspect has been arrested there or if otherwise it can be assumed on very justifiable grounds that an object, property, document, information or matter related to the crime under investigation would be found in the search.
If a search of your house is conducted and you are home, you must be informed of the purpose of the search and be provided with a copy of a search warrant (a legal document authorizing a police officer to enter and search the house). If there is no written search warrant, you must be informed of your right to receive a copy of the search warrant upon request. In addition, you must be informed of your right to refer the case to the court for review and your right to receive a copy of the record of the search.
These searches are considered coercive measures i.e. forced measures, and so they may be carried out against your will.
Can the police still search you if they do not suspect you of a crime?
Yes, in some situations.
If you are not suspected of an offence, the police may only frisk you if there are very justifiable grounds to assume that the search will lead to the finding of a specific object, property, document or information or matter related to the crime under investigation.
If an offence has been committed for which the most severe punishment would be imprisonment for at least four years, the police may carry out a bodily search to obtain a DNA sample, a gun powder sample etc. without your consent even if you are not suspected of an offence. To do so, the search has to be very important for the investigation of the offence and it would be impossible or much more difficult to solve the crime in a less invasive way.
Who can carry out a search?
Only an official who has the power to arrest may decide to conduct a personal search, unless an immediate search is necessary due to the urgency of the situation. A bodily search is usually carried out by a healthcare professional.
A thorough personal search should be carried out in a special place reserved for that purpose. If the search includes an examination that requires medical expertise, it may only be conducted by a medical practitioner.
A bodily search (or frisk if your body is touched with a hand or similar) must not be conducted by a member of the opposite sex unless they are a medical practitioner. A member of the opposite sex who is not a medical practitioner may conduct a bodily search which consists only of taking a saliva sample or a breathalyser test. Unless a bodily search includes only taking a blood sample, saliva sample, clinical test for intoxication and breathalyser test, no member of the opposite sex may be present at the bodily search.
A bodily search must not result in a significant deterioration of your health.
May the police take my fingerprints?
Yes, but only in certain circumstances.
If a police officer suspects you of an offence, they may take fingerprints, handprints and footprints, handwriting samples, voice and smell samples, photographs and information on identifying marks for the purpose of identification, investigation of a crime and registration of the offender(s).
If the police do not suspect you, they may only take this information from you if it is for a criminal investigation of an offence for which the most severe punishment is imprisonment for at least a year, such as theft, aggravated assault and drugs offences.
May my DNA sample be registered?
The police can only take a DNA sample if they suspect you of a crime for which the most severe punishment would be imprisonment for at least six months, such as petty assault, theft, damage to property or fraud.
What if they want to search my phone?
A search of a device for data may be conducted if there is reason to suspect that an offence for which the most severe punishment would be imprisonment for at least six months has been committed and it may be presumed that the search will lead to the discovery of a particular document or information defined in the Coercive Measures Act that is connected with the offence under investigation. A police officer may take possession of a technological device in order to conduct a search of its data.
Even if you are the suspect of an offence, you do not have to give a police officer your device password due to the fact that you have the right not to contribute to the investigation.
Legal Source:
Coercive Measures Act, Chapter 8, Section 1-4 and 6
Coercive Measures Act, Chapter 8, Section 30-33
Coercive Measures Act, Chapter 9 Section 3 and 4
Coercive Measures Act Chapter 8, Section 20-22
Criminal Investigations Act, Chapter 4, Section 3
3. Reasons Police May Detain or Arrest You
Can a police officer detain or arrest me?
An official who holds the power to arrest, for example a police chief or a deputy police chief, should decide whether someone is arrested.
Depending on the circumstances of the case, on the age or other personal characteristics of the suspect, an arrest could be considered unreasonable.
A person under the age of 15 years suspected of having committed a criminal act may not be arrested.
A police officer may detain you (e.g. keep you in custody to question you) if you are caught in the act of an offence or trying to escape. They may also detain you if an arrest or remand has been ordered. You should be informed without delay of the reason for your detainment.
Sometimes police have a warrant (court order) for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case, to ensure you understand what exactly is covered.
How long can a police officer detain me?
A police officer must notify an official with the power of arrest without delay if you have been detained (e.g. kept in custody for questioning). This official must decide within 24 hours whether you are to be released or arrested. Continuing to detain you for more than 12 hours needs a prerequisite for arrest.
Can the police use force in detaining me?
When a police officer is carrying out an official duty, they have the right to use any necessary force which may be considered defensible. However, you must be warned by the police officer about the possibility of being subject to the use of force if that is possible and appropriate. The warning should be done in an understandable and appropriate manner.
A firearm may only be used by a police officer for stopping a person causing imminent and serious risk to the life or health of others and no less serious means of stopping is available.
Legal Source:
Coercive Measures Act, Chapter 2, Section 1
Coercive Measures Act, Chapter 2, Section 3
Coercive Measures Act, Chapter 2, Section 4
Coersive Measures Act, Chapter 2, Section 6
Police Act, Chapter 2 Section 17-20
An official who holds the power to arrest, for example a police chief or a deputy police chief, should decide whether someone is arrested.
Depending on the circumstances of the case, on the age or other personal characteristics of the suspect, an arrest could be considered unreasonable.
A person under the age of 15 years suspected of having committed a criminal act may not be arrested.
A police officer may detain you (e.g. keep you in custody to question you) if you are caught in the act of an offence or trying to escape. They may also detain you if an arrest or remand has been ordered. You should be informed without delay of the reason for your detainment.
Sometimes police have a warrant (court order) for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case, to ensure you understand what exactly is covered.
How long can a police officer detain me?
A police officer must notify an official with the power of arrest without delay if you have been detained (e.g. kept in custody for questioning). This official must decide within 24 hours whether you are to be released or arrested. Continuing to detain you for more than 12 hours needs a prerequisite for arrest.
Can the police use force in detaining me?
When a police officer is carrying out an official duty, they have the right to use any necessary force which may be considered defensible. However, you must be warned by the police officer about the possibility of being subject to the use of force if that is possible and appropriate. The warning should be done in an understandable and appropriate manner.
A firearm may only be used by a police officer for stopping a person causing imminent and serious risk to the life or health of others and no less serious means of stopping is available.
Legal Source:
Coercive Measures Act, Chapter 2, Section 1
Coercive Measures Act, Chapter 2, Section 3
Coercive Measures Act, Chapter 2, Section 4
Coersive Measures Act, Chapter 2, Section 6
Police Act, Chapter 2 Section 17-20
4. Do Police Need A Warrant To Arrest You?
Do police need authority from a court (a warrant) to arrest you?
No. A person suspected of an offence may be arrested if:
A person suspected of having committed a criminal act under the age of 15 years may not be arrested.
No one may be arrested if it is unreasonable in the circumstances or because of the age or other personal characteristics of the suspect.
Who has the right of apprehension (e.g. take you to custody)?
A police officer has the right to take you to custody if:
There is also a general right of apprehension which means that any person can apprehend you if you are a suspect in an offence who has been caught in
the act or trying to escape and the suspected offence is:
If I did not do anything, can they stop me?
Yes - a police officer can arrest you if they believe that you are a suspect. This means that in some circumstances you may not have done anything illegal but you have been suspected of a crime.
Legal Source:
Coercive Measures Act, Chapter 2, Section 1
Am I allowed to ask for the reason they stopped me?
Yes, the police must immediately inform you of why you have been stopped.
Legal Source:
Coercive Measures Act, Chapter 2, Section 4
Coercive Measures Act, Chapter 2, Section 10
If I think the stop is unjustified, what can I do?
If you think that a police officer or another police administration official did not conduct the stop in an appropriate way or failed to perform their official duties, you can file an administrative complaint.
No. A person suspected of an offence may be arrested if:
- they could be imprisoned for more than two years for the offence;
- they could be imprisoned for one to two years for the offence, and there is reason to believe that the suspect will:
- avoid a criminal investigation, trial or punishment;
- make the case difficult by destroying or hiding evidence or influencing a witness, victim, an expert or an accomplice; or
- continue their criminal activity.
- the identity of the suspect is unknown and they refuse to give their name or address or give false information regarding this; or
- the suspect does not have a permanent residence in Finland and it is likely that he or she will escape a criminal investigation, trial or punishment by leaving the country.
A person suspected of having committed a criminal act under the age of 15 years may not be arrested.
No one may be arrested if it is unreasonable in the circumstances or because of the age or other personal characteristics of the suspect.
Who has the right of apprehension (e.g. take you to custody)?
A police officer has the right to take you to custody if:
- you are a suspect who is caught escaping or trying to escape;
- you are a suspect and your arrest has been ordered; or
- you are about to be arrested and it is better to arrest you as soon as possible.
There is also a general right of apprehension which means that any person can apprehend you if you are a suspect in an offence who has been caught in
the act or trying to escape and the suspected offence is:
- punishable by imprisonment; or
- assault, petty theft, financial fraud, theft of a car for temporary use, damage to property or fraud.
If I did not do anything, can they stop me?
Yes - a police officer can arrest you if they believe that you are a suspect. This means that in some circumstances you may not have done anything illegal but you have been suspected of a crime.
Legal Source:
Coercive Measures Act, Chapter 2, Section 1
Am I allowed to ask for the reason they stopped me?
Yes, the police must immediately inform you of why you have been stopped.
Legal Source:
Coercive Measures Act, Chapter 2, Section 4
Coercive Measures Act, Chapter 2, Section 10
If I think the stop is unjustified, what can I do?
If you think that a police officer or another police administration official did not conduct the stop in an appropriate way or failed to perform their official duties, you can file an administrative complaint.
5. How Do You Know If You Are Under Arrest?
What if I do not know if I am under arrest?
You should ask the police officer if you are under arrest. The police must immediately inform you of why you have been arrested.
The following may be indicative of an arrest:
If you are told that you are suspected of an offence, you must be notified of the following straightaway or at least before you answer any questions:
If you are under 18 years old, you must be informed straightaway (if possible and in a language you understand) of the next steps in the process and the various roles of the authorities involved. In addition, you should be told:
What is the difference between detention and arrest?
Please note the term apprehension is also used - this is the act of placing someone under control and is usually equivalent to an arrest but not always.
If my liberty is restricted, am I arrested?
Although this could be indicative of an arrest, there is a possibility that your liberty is restricted for another reason.
Legal Source:
Coercive Measures Act, Chapter 2, Section 10
Criminal Investigation Act, Chapter 4, Section 16
You should ask the police officer if you are under arrest. The police must immediately inform you of why you have been arrested.
The following may be indicative of an arrest:
- an officer handcuffs you;
- an officer forcibly holds you down;
- an officer puts you into the back seat of a police car; or
- an officer warns you about your rights.
If you are told that you are suspected of an offence, you must be notified of the following straightaway or at least before you answer any questions:
- the right to an assistant of your choice;
- the right to a lawyer;
- the right to free legal advice and a lawyer if certain conditions are met;
- the right to be informed of the crime of which you are suspected, and information on any changes regarding the suspicion of an offence;
- the right to the interpretation and translation of essential documents; and
- the right to remain silent and otherwise not contribute to the investigation of the criminal offence(s) you are suspected of.
If you are under 18 years old, you must be informed straightaway (if possible and in a language you understand) of the next steps in the process and the various roles of the authorities involved. In addition, you should be told:
- that you rights as a suspect will also communicated to your guardian, trustee or other legal representative; and
- you have the right to have your guardian, trustee or other legal representative present at the hearing.
What is the difference between detention and arrest?
- Arrest - the right to temporarily restrict the movement of a specific person with the intention of bringing them in or detaining them.
- Detention - represents the deprivation of liberty of a person i.e. they are held in custody in police premises for a period of time.
Please note the term apprehension is also used - this is the act of placing someone under control and is usually equivalent to an arrest but not always.
If my liberty is restricted, am I arrested?
Although this could be indicative of an arrest, there is a possibility that your liberty is restricted for another reason.
Legal Source:
Coercive Measures Act, Chapter 2, Section 10
Criminal Investigation Act, Chapter 4, Section 16
6. What To Do After Being Warned of Your Rights
Right to remain silent
As a suspect, you can use your right to remain silent or any of your other rights (e.g. the right to a laywer) by saying that you want to use that right.
You can also waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is not a good idea if your lawyer is not present.
Legal Source: Criminal Investigation Act, Chapter 4, Section 16
What are the required warnings?
The police must inform you of your rights.
When you are told that you are suspected of an offence, you must be notified of the following without delay:
When a person suspected of an offence has lost their liberty, they must be notified in writing of the following without delay and in a language they understand:
In addition, a foreign person who has lost their liberty must be notified without delay of the right to have the diplomatic or consular representative of their country be notified of their loss of liberty.
Legal Source:
Criminal Investigation Act, Chapter 4, Section 15
Criminal Investigation Act, Chapter 4, Section 16
Criminal Investigation Act, Chapter 4, Section 17
As a suspect, you can use your right to remain silent or any of your other rights (e.g. the right to a laywer) by saying that you want to use that right.
You can also waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you.' This is not a good idea if your lawyer is not present.
Legal Source: Criminal Investigation Act, Chapter 4, Section 16
What are the required warnings?
The police must inform you of your rights.
When you are told that you are suspected of an offence, you must be notified of the following without delay:
- the right to have an assistant of your choice;
- the right to a public lawyer (a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer personally);
- the right to free legal advice and a lawyer;
- the right to be informed of the offence of which you are suspected and to be informed of changes regarding the suspicion of an offence;
- the right to interpretation and to translation of essential documents; and
- the right to remain silent and not to contribute to the investigation of the offence of which you are suspected.
When a person suspected of an offence has lost their liberty, they must be notified in writing of the following without delay and in a language they understand:
- the rights referred to above;
- the right to obtain information;
- the right to have people close to them notified of their loss of liberty;
- the right to health and medical care; and
- the right to have the issue of remand considered in court within the relevant time period and the right of a remanded person to a new remand hearing.
In addition, a foreign person who has lost their liberty must be notified without delay of the right to have the diplomatic or consular representative of their country be notified of their loss of liberty.
Legal Source:
Criminal Investigation Act, Chapter 4, Section 15
Criminal Investigation Act, Chapter 4, Section 16
Criminal Investigation Act, Chapter 4, Section 17
7. Police Questioning You
You must attend a criminal investigation if the police order you to do so because:
If you do not comply with the order without a valid excuse, you may be brought into the investigation.
If you are a suspect, the police may order you to attend the investigation without an order if the offence is punishable by imprisonment and if it is likely that you won't comply with the order or if you intend to go against run away, hide or destroy evidence.
If you are found at the scene of or near where an offence is committed, the police have the right to order you to remain there or go to a police station. If you do not comply and don't have a valid reason or it seems likely that you won't comply, the police have the right to stop you from leaving or take you in for questioning
Legal Source: Criminal Investigation Act, Chapter 6, Section 1-3
What other adults can be present / can be informed during questioning when your freedom has been taken away?
Legal Source:
Criminal Investigation Act, Chapter 4, Section 10
Criminal Investigation Act, Chapter 4, Section 12
Criminal Investigation Act, Chapter 4, Section 16
The Act on the Treatment of Persons in the Custody of the Police Chapter 2, Section 2(2)
Criminal Investigation Act, Chapter 4, Section 8
Coercive Measures Act, Chapter 4, Section 1
Who do police have to contact if I am a legal minor?
If you are a minor (i.e. under the age of 15), the person responsible for your care or custody, or your other legal representative, has the right to be present when the police question you.
If you are under the age of 18 and a suspect, the social welfare authority should be made aware and can send a representative when the police question you.
If the police have arrested you and if you are under the age of 18, they are required to immediately tell your parent, caretaker or legal guardian.
If you are under the age of 18, you should be treated in a manner appropriate for your age and level of development during the criminal investigation. Particular care shall be taken so that criminal investigation measures do not cause you unnecessary inconvenience at school, at work or in other environments important to you.
To the extent possible, investigation measures directed at people under the age of 18 years should be assigned to investigators specially trained in this area. When necessary, the criminal investigation authority shall consult with a physician or other expert on whether investigation measures may be directed at a person under the age of 18 years.
Legal Source:
Criminal Investigation Act, Chapter 7, Sections 14 to 16
Criminal Investigation Act, Chapter 4, Section 7
Criminal Investigation Act, Chapter 3, Section 11
- there is a reason to believe that you might provide information regarding the offence; or
- if your presence is necessary to investigate the offence.
If you do not comply with the order without a valid excuse, you may be brought into the investigation.
If you are a suspect, the police may order you to attend the investigation without an order if the offence is punishable by imprisonment and if it is likely that you won't comply with the order or if you intend to go against run away, hide or destroy evidence.
If you are found at the scene of or near where an offence is committed, the police have the right to order you to remain there or go to a police station. If you do not comply and don't have a valid reason or it seems likely that you won't comply, the police have the right to stop you from leaving or take you in for questioning
Legal Source: Criminal Investigation Act, Chapter 6, Section 1-3
What other adults can be present / can be informed during questioning when your freedom has been taken away?
- You have the right to a lawyer of your choice, and the police should inform you of this in writing immediately after you are brought to the place of detention.
- If you do not speak Finnish or Swedish, the police will arrange an interpreter for you (paid by the State).
- It is your right for your local embassy or consulate to be informed of your arrest if you are not a Finnish citizen.
- The police must inform a person close to you (i.e. family member) or another person about your arrest if you ask them to. Your request may be refused if they believe that this could interfere with the investigation.
- The court will appoint a trustee in the criminal investigation if you are under 18, if your guardian cannot objectively act in your interests and the appointment of a trustee is not deemed unnecessary. The trustee's fees will be paid for by the State.
Legal Source:
Criminal Investigation Act, Chapter 4, Section 10
Criminal Investigation Act, Chapter 4, Section 12
Criminal Investigation Act, Chapter 4, Section 16
The Act on the Treatment of Persons in the Custody of the Police Chapter 2, Section 2(2)
Criminal Investigation Act, Chapter 4, Section 8
Coercive Measures Act, Chapter 4, Section 1
Who do police have to contact if I am a legal minor?
If you are a minor (i.e. under the age of 15), the person responsible for your care or custody, or your other legal representative, has the right to be present when the police question you.
If you are under the age of 18 and a suspect, the social welfare authority should be made aware and can send a representative when the police question you.
If the police have arrested you and if you are under the age of 18, they are required to immediately tell your parent, caretaker or legal guardian.
If you are under the age of 18, you should be treated in a manner appropriate for your age and level of development during the criminal investigation. Particular care shall be taken so that criminal investigation measures do not cause you unnecessary inconvenience at school, at work or in other environments important to you.
To the extent possible, investigation measures directed at people under the age of 18 years should be assigned to investigators specially trained in this area. When necessary, the criminal investigation authority shall consult with a physician or other expert on whether investigation measures may be directed at a person under the age of 18 years.
Legal Source:
Criminal Investigation Act, Chapter 7, Sections 14 to 16
Criminal Investigation Act, Chapter 4, Section 7
Criminal Investigation Act, Chapter 3, Section 11
8. Reporting Crimes To The Police
How do I report a crime to the Police?
You can report a suspected crime to the police by:
Can you be prosecuted for failing to report a crime?
If you don't report a serious offence (when there is still time to prevent the offence), you could be punished with a fine or imprisonment of at most six months. Serious offences include murder, rape, aggravated sexual abuse of a child, manslaughter, robbery etc.. This rule does not apply if the person that you would need to report is: a present or former spouse, present co-habiting partner, sibling, direct ascendant or descendant, or a person with whom you have a corresponding couple relationship.
You have no obligation to confess to a crime and you have the right not to provide any information about an offence that you are suspected of.
Legal Source:
Criminal Code, Chapter 15, Section 10
Criminal Investigations Act, Chapter 4, section 3
Can you be summoned to attend a police station and give evidence on a crime?
During the course of a police investigation, you may be ordered to attend a police station and if you fail to comply with this without a valid reason, you may be brought in for questioning.
If you are a witness or a victim, or if the police believe you have relevant information, you must tell the truth if the police call you in for questioning (see here).
In certain situations, you can refuse to testify:
(i) if you are or have been married or live with the suspect or if you are the sibling, a direct ascending or descending relative or a person who is in a corresponding close relationship to a suspect; or
(ii) if you would have to give information in relation to anything that would render yourself or a close relative liable to prosecution (see here).
In addition, a witness can be brought before the District Court if they refuse to share information that is considered important.
Legal Source:
Criminal Investigation Act, Chapter 6, Section 1-2
Criminal Investigation Act, Chapter 7, Section 8
Code of Judicial Procedure, Chapter 17, Section 17-18
Criminal Investigation Act, Chapter 7, Section 9
If you are not a suspect, do you have an obligation to provide information in the course of an investigation?
It is never a good idea to give false information to the police. If you are questioned and you provide false information intentionally to the police, this is a punishable act under the Criminal Code. Even if you are responsible for something or have information that they want, it may not be a good idea to share it without the presence of a lawyer.
If you are a witness, you have to testify and tell the truth during a criminal investigation. If you were physically present at the scene of the crime, the police have the right to order you not to leave the area so that you may be questioned (see here).
If you are victim, you have an obligation to tell the truth when answering questions.
Legal Source:
Criminal Code, Chapter 15, Section 2
Criminal Investigations Act, Chapter 7, Section 8
Criminal Investigation Act, Chapter 6, Section 3
Criminal Investigations Act, Chapter 7, Section 6
You can report a suspected crime to the police by:
- Calling the police tip line number to report information related to crimes or a tip. The police may ask you to provide your name and address so that they can contact you at a later stage (e.g. if they need more information). All the information that you provide is anonymous. Tip line numbers can be found here;
- Minor offences can be reported online (if immediate police intervention is not required), using the link here. To use this service, you will have to provide identification e.g. online banking codes or an ID card with an embedded chip, or mobile verification. You cannot cancel a crime report you have made online unless you contact the police unit directly;
- For more serious offences that require immediate police intervention, you should dial the emergency number 112.
Can you be prosecuted for failing to report a crime?
If you don't report a serious offence (when there is still time to prevent the offence), you could be punished with a fine or imprisonment of at most six months. Serious offences include murder, rape, aggravated sexual abuse of a child, manslaughter, robbery etc.. This rule does not apply if the person that you would need to report is: a present or former spouse, present co-habiting partner, sibling, direct ascendant or descendant, or a person with whom you have a corresponding couple relationship.
You have no obligation to confess to a crime and you have the right not to provide any information about an offence that you are suspected of.
Legal Source:
Criminal Code, Chapter 15, Section 10
Criminal Investigations Act, Chapter 4, section 3
Can you be summoned to attend a police station and give evidence on a crime?
During the course of a police investigation, you may be ordered to attend a police station and if you fail to comply with this without a valid reason, you may be brought in for questioning.
If you are a witness or a victim, or if the police believe you have relevant information, you must tell the truth if the police call you in for questioning (see here).
In certain situations, you can refuse to testify:
(i) if you are or have been married or live with the suspect or if you are the sibling, a direct ascending or descending relative or a person who is in a corresponding close relationship to a suspect; or
(ii) if you would have to give information in relation to anything that would render yourself or a close relative liable to prosecution (see here).
In addition, a witness can be brought before the District Court if they refuse to share information that is considered important.
Legal Source:
Criminal Investigation Act, Chapter 6, Section 1-2
Criminal Investigation Act, Chapter 7, Section 8
Code of Judicial Procedure, Chapter 17, Section 17-18
Criminal Investigation Act, Chapter 7, Section 9
If you are not a suspect, do you have an obligation to provide information in the course of an investigation?
It is never a good idea to give false information to the police. If you are questioned and you provide false information intentionally to the police, this is a punishable act under the Criminal Code. Even if you are responsible for something or have information that they want, it may not be a good idea to share it without the presence of a lawyer.
If you are a witness, you have to testify and tell the truth during a criminal investigation. If you were physically present at the scene of the crime, the police have the right to order you not to leave the area so that you may be questioned (see here).
If you are victim, you have an obligation to tell the truth when answering questions.
Legal Source:
Criminal Code, Chapter 15, Section 2
Criminal Investigations Act, Chapter 7, Section 8
Criminal Investigation Act, Chapter 6, Section 3
Criminal Investigations Act, Chapter 7, Section 6
9. Responding To Bad Treatment By The Police
If you are being harassed by the police, we recommend you take the following steps:
The administrative complaint should include the reasons why you consider the conduct to be wrong and, wherever possible, provide information about the time of the act or omission in question.
Can the administrative complaint be made by someone not directly involved?
Yes, it is possible for another person to make the complaint on your behalf.
How do you submit the administrative complaint?
The complaint must be made in writing (or orally with the consent of the supervisory authority) with your name and contact details. It can be submitted by post or by email.
If the complaint is made anonymously, the supervisory authority may nevertheless in some cases take the complaint under consideration.
What are the next steps?
Once your complaint is submitted, the police officer and their supervisor might be asked to provide a response. Then, you may be given the opportunity to write a response to this.
If the complaint does not require any measures to be taken, you will be notified of this without delay.
If it is decided that the police officer has committed misconduct, they may receive a written caution. If it is thought that the police officer has committed an offence, this will be transferred for further investigation.
Can you provide general feedback on the police?
Yes, it is possible to provide oral or written feedback, without having to file an administrative complaint. You can also submit written feedback on the police website.
Legal Source:
Finnish Police website.
Administrative Procedure Act, Chapter 8a, Section 53a
Administrative Procedure Act, Chapter 4, Section 16
Government Proposal 50/2013 concerning the Administrative Procedure Act
Administrative Procedure Act, Chapter 8a, Section 53b and 53c
- Carefully write down each time it happens. Record the date, the time, the location, the officer details (names, badge numbers, physical appearance), the witnesses, the conversation and actions of all participants and try to be as detailed as possible. Your notes will be used as the basis for any administrative complaint you may file later.
- Submit an administrative complaint. It is a good idea to involve an adult in this process if you contact the police in person.
- If the harassing behaviour does not stop after filing an administrative complaint, consider filing a civil rights lawsuit. Consult a qualified lawyer that specializes in this area.
The administrative complaint should include the reasons why you consider the conduct to be wrong and, wherever possible, provide information about the time of the act or omission in question.
Can the administrative complaint be made by someone not directly involved?
Yes, it is possible for another person to make the complaint on your behalf.
How do you submit the administrative complaint?
The complaint must be made in writing (or orally with the consent of the supervisory authority) with your name and contact details. It can be submitted by post or by email.
- You should send the complaint to the police department of the police officer in question. Contact details can be found here.
- If your complaint relates to an officer working in a national police unit, you can find the contact information here.
- If you are complaining about a Police Chief, or head of a national police unit, or official of the National Police Board, you should send your complaint to: National Police Board, P.O. Box 22, FI-00521 Helsinki or poliisihallitus@poliisi.fi.
If the complaint is made anonymously, the supervisory authority may nevertheless in some cases take the complaint under consideration.
What are the next steps?
Once your complaint is submitted, the police officer and their supervisor might be asked to provide a response. Then, you may be given the opportunity to write a response to this.
If the complaint does not require any measures to be taken, you will be notified of this without delay.
If it is decided that the police officer has committed misconduct, they may receive a written caution. If it is thought that the police officer has committed an offence, this will be transferred for further investigation.
Can you provide general feedback on the police?
Yes, it is possible to provide oral or written feedback, without having to file an administrative complaint. You can also submit written feedback on the police website.
Legal Source:
Finnish Police website.
Administrative Procedure Act, Chapter 8a, Section 53a
Administrative Procedure Act, Chapter 4, Section 16
Government Proposal 50/2013 concerning the Administrative Procedure Act
Administrative Procedure Act, Chapter 8a, Section 53b and 53c
10. How do I Contact A Lawyer and When?
When should I contact a Lawyer?
You have the right to speak to a lawyer in a criminal investigation.
You should always contact a lawyer before making any statements to anyone in a criminal investigation. This applies even if you are told that (i) police officers only want to question you; and/or (ii) you are only a witness.
You should ask for a lawyer as soon as you are questioned or arrested by the police. If you are a suspect, you have the right to remain silent and to not speak. You have this right throughout the investigation even after your lawyer arrives.
Legal Source:
Criminal Investigation Act, Chapter 4, Section 10
Criminal Investigation Act, Chapter 4, Section 3
Is legal aid available in Finland?
In some cases, you may be eligible for free or partially reimbursed legal advice from the Public Legal Aid Office (oikeusaputoimisto) in Finland.
If you already have legal expenses insurance (oikeusturvavakuutus), you may not be eligible for legal aid as well.
Legal aid will be provided depending on your financial circumstances.
Legal aid, if granted, will cover the provision of legal advice, as well as the necessary measures and representation before a court of law and other authority.
Further information on legal aid can be found here.
Legal Source: Legal Aid Act, Chapter 1, Section 1, 3 and 3a
Do you have a legal right to counsel?
You have the right to a lawyer in the course of a criminal investigation.
If you are a suspect, the police should inform you at the beginning that you have the right to a lawyer or to legal aid.
Legal Source:
Criminal Investigation Act, Chapter 4, Section 10
Criminal Investigation Act, Chapter 4, Section 16
What obligations do the police have?
The police must allow a suspect to be in contact with their lawyer, in person or by letter and/or telephone. In addition, they must ensure that any contact between the suspect and lawyer is kept confidential.
This applies regardless of whether the suspect has been held in custody or not.
Legal Source: Criminal Investigation Act, Chapter 4, Section 11
You have the right to speak to a lawyer in a criminal investigation.
You should always contact a lawyer before making any statements to anyone in a criminal investigation. This applies even if you are told that (i) police officers only want to question you; and/or (ii) you are only a witness.
You should ask for a lawyer as soon as you are questioned or arrested by the police. If you are a suspect, you have the right to remain silent and to not speak. You have this right throughout the investigation even after your lawyer arrives.
Legal Source:
Criminal Investigation Act, Chapter 4, Section 10
Criminal Investigation Act, Chapter 4, Section 3
Is legal aid available in Finland?
In some cases, you may be eligible for free or partially reimbursed legal advice from the Public Legal Aid Office (oikeusaputoimisto) in Finland.
If you already have legal expenses insurance (oikeusturvavakuutus), you may not be eligible for legal aid as well.
Legal aid will be provided depending on your financial circumstances.
Legal aid, if granted, will cover the provision of legal advice, as well as the necessary measures and representation before a court of law and other authority.
Further information on legal aid can be found here.
Legal Source: Legal Aid Act, Chapter 1, Section 1, 3 and 3a
Do you have a legal right to counsel?
You have the right to a lawyer in the course of a criminal investigation.
If you are a suspect, the police should inform you at the beginning that you have the right to a lawyer or to legal aid.
Legal Source:
Criminal Investigation Act, Chapter 4, Section 10
Criminal Investigation Act, Chapter 4, Section 16
What obligations do the police have?
The police must allow a suspect to be in contact with their lawyer, in person or by letter and/or telephone. In addition, they must ensure that any contact between the suspect and lawyer is kept confidential.
This applies regardless of whether the suspect has been held in custody or not.
Legal Source: Criminal Investigation Act, Chapter 4, Section 11
11. Do Police Always Have To Tell The Truth? 10(a)
The police are not allowed to do anything that could influence your memory or judgment and lead you to a confession or to making a statement.
However, the police are not obliged to tell the truth when it is essential:
Legal Source:
Criminal Investigations Act, Chapter 7, Section 5
Police Act, Chapter 5, Section 15, 28 and 46
However, the police are not obliged to tell the truth when it is essential:
- to hide the surveillance or undercover activities that they are doing; or
- to protect the use of a secret intelligence gathering method.
Legal Source:
Criminal Investigations Act, Chapter 7, Section 5
Police Act, Chapter 5, Section 15, 28 and 46
12 (a) How do I make a complaint if I have questions or feel my rights have been violated?
If you feel that your rights have been violated, and that you may need to speak to someone about the police treating you improperly, you can call:
Legal advice is provided mainly in Finnish. For services in English, it is recommended to use the contact request form. All of Victim Support Finland's services are free of charge, excluding telephone charges. Calling a service point costs the price of a normal phone call. In order to avoid costs, you can ask them to call you back.
If you consider that the issue is serious, you may wish to obtain legal advice. The services of a lawyer are subject to a fee, but if your income is low or average, you may be eligible for free or partially reimbursed legal aid from the Public Legal Aid Office (oikeusaputoimisto).
In Helsinki - if you need legal help, you can contact the Helsinki Legal Aid Office (Helsingin oikeusaputoimisto). Address: Porkkalankatu 13 G, 2nd floor.
Tel.: 029 56 60120; E-mail: helsinki.oikapu(at)oikeus.fi
Formal Complaint Mechanisms:
1) Administrative Complaint
2) Reporting an offence to the police
3) Complaining to the Parliamentary Ombudsman / Chancellor of Justice of the Government
FAQs regarding the formal complaint mechanisms
Legal Source:
Law enforcement websites
Public information
Non-Discrimination Ombudsman
National Non-Discrimination and Equality Tribunal
Parliamentary Ombudsman
Chancellor of Justice
Administrative Procedure Act, Chapter 8a, Section 53a (368/2014)
- Victim Support Finland's victim support line,
- Legal advice hotline or
- Use their online chat service.
Legal advice is provided mainly in Finnish. For services in English, it is recommended to use the contact request form. All of Victim Support Finland's services are free of charge, excluding telephone charges. Calling a service point costs the price of a normal phone call. In order to avoid costs, you can ask them to call you back.
If you consider that the issue is serious, you may wish to obtain legal advice. The services of a lawyer are subject to a fee, but if your income is low or average, you may be eligible for free or partially reimbursed legal aid from the Public Legal Aid Office (oikeusaputoimisto).
In Helsinki - if you need legal help, you can contact the Helsinki Legal Aid Office (Helsingin oikeusaputoimisto). Address: Porkkalankatu 13 G, 2nd floor.
Tel.: 029 56 60120; E-mail: helsinki.oikapu(at)oikeus.fi
Formal Complaint Mechanisms:
1) Administrative Complaint
- You have the right to make an "administrative complaint" free of charge if you think that a police officer or another police administration official has committed misconduct in office or neglected to perform their official duties.
- An administrative complaint should be submitted in writing - by post or email. The complaint should include all required information
- To submit a complaint about a police official in Helsinki, the contact details are available here.
- For a national police unit, contact information is available here.
- To issue a complaint about a certain Police Chief, a head of a national police unit or an official of the National Police Board, you should send your complaint to the National Police Board at the address National Police Board, P.O. Box 22, FI-00521 Helsinki or poliisihallitus@poliisi.fi
- You do not need a lawyer or legal expertise to file a complaint.
2) Reporting an offence to the police
- You can also make a crime report about a police officer if you suspect they have committed a crime.
- You also have the right to know whether a criminal investigation is being started and how the investigation is proceeding.
- You do not need a lawyer or legal expertise to report an offence.
- More information on reporting offences here.
3) Complaining to the Parliamentary Ombudsman / Chancellor of Justice of the Government
- The Chancellor of Justice of the Government and the Parliamentary Ombudsman are called the supreme guardians of law.
- You can complain to the supreme guardians of the law if you feel that an official, for example a police officer, has not observed the law or fulfilled a duty, or if you suspect that fundamental and human rights have not been appropriately implemented.
- The Ombudsman and the Chancellor of Justice treat the complaints in the same way.
- You can only complain about one case to one of the two, the Parliamentary Ombudsman or the Chancellor of Justice.
- The Ombudsman and the Chancellor of Justice cannot reverse the decision of an authority or a court ruling.
- You do not need a lawyer or legal expertise to file a complaint.
- More information on complaints to the Parliamentary Ombudsman hereand to the Chancellor of Justice here.
FAQs regarding the formal complaint mechanisms
- How do I choose between the Chancellor of Justice and the Parliamentary Ombudsman?
You can file your complaint with either the Chancellor of Justice or the Parliamentary Ombudsman, since their duties and authority are primarily the same. However, the Chancellor of Justice does not generally handle complaints concerning the Defence Forces. The Chancellor of Justice does not handle complaints concerning deprivation of freedom. The Chancellor of Justice transfers these types of cases to the Parliamentary Ombudsman.
- Who can file a complaint?
Administrative complaint: Anyone may file an administrative complaint. However, confidential information can only be received by the victim. Anonymous complaints will not be investigated without a special reason.
Reporting an offence to the police: Everyone is entitled to report a crime to the police. A police report can be filed with any police department in the country or online.
Complaining to the Parliamentary Ombudsman: You can complain about a matter concerning yourself, but a complaint can also be made on your behalf or together with others. The Ombudsman does not investigate anonymous complaints.
Complaining to the Chancellor of Justice of the Government: Anyone has the right to turn to the Chancellor of Justice. The letter of complaint must include the complainant’s name and contact information. You can complain about a matter concerning yourself, but a complaint can also be made on your behalf (although the person acting for you will need a power of attorney (a special agreement showing that you consent to them acting on your behalf)).
- When can I file a complaint?
Administrative complaint: You should file a complaint within 2 years unless there is a special reason. If it is older than five years, then it won't be investigated.
Reporting an offence to the police: You should report the crime as soon as possible.
Complaining to the Parliamentary Ombudsman / Chancellor of Justice of the Government: It is recommended that you first contact the authority that you feel has acted unlawfully. You should file a complaint within 2 years, unless there is a special reason.
- Does the complaint have to be filed in writing?
Administrative complaint: You should file an administrative complaint in writing. However, with the consent of the supervisory authority, it may be filed orally.
Reporting an offence to the police: You can report a crime by telephone, at a police station in person or through the police website. Police reports, however, cannot be filed over the telephone if there is another way, as the police needs to be able to verify your identity.
Complaining to the Parliamentary Ombudsman: A complaint should be made by writing free-form to the Ombudsman or using the complaint form. If you are considering making a complaint, you can discuss the matter before with the officials at the Office via the Parliamentary switchboard on +358 9 4321. A complaint should preferably be made in Finnish, Swedish, Sámi or if necessary, in English.
Complaining to the Chancellor of Justice of the Government: A complaint must be filed in writing and signed. The Office of the Chancellor of Justice serves its customers in both Finnish and Swedish. Complaints may also be filed in the Sámi language. A complaint may be written by hand, but it should be written well enough to be legible. The complaint can be filed using a separate online complaint form or by sending a letter of complaint via e-mail or traditional mail (not via Matkahuolto) or delivered in person to the registry of the Office of the Chancellor of Justice.
- What happens next?
Administrative complaint: A reply will be sent to you, either as the submitter of the complaint or as the person the complaint concerns. The person who has submitted the complaint can be asked to write a further response. If, however, the complaint does not require any measures to be taken, you should be notified of this without delay. If it becomes evident that the person whose actions prompted the administrative complaint has indeed acted erroneously, the authority may inform them of this misconduct or issue a written caution to the authority or the official in question. However, it can't change or repeal an administrative action or decision that caused the complaint in the first place. Furthermore, the supervisory authority cannot immediately correct errors it has detected and in most cases it cannot require that the recipient of the administrative complaint act in a certain way.
Reporting an offence to the police: The police have a duty to always register a report on the basis of the information you provide. The police must send a copy of the crime report to the relevant prosecutor unit without delay, so that an investigator in charge may be appointed. If you are the person affected by the crime, and report an offence, the police may interview you in order to solve the case. The police will record all information relevant to solving the suspected offence. You are entitled to have a lawyer present, under certain circumstances at state expense during the pre-trial investigation and any interviews. If you are under 15, your guardian may be asked to present any claims during the interview. If a report of an offence does not lead to a pre-trial investigation, or if the pre-trial investigation is suspended or the matter is not submitted to a prosecutor for consideration, the police must notify you immediately.
Complaining to the Parliamentary Ombudsman: The expert immediately studies the complaint carefully. If, on this basis, there is reason to suspect that an authority has acted illegally or neglected a duty, the Ombudsman initiates an investigation. During this investigation, the Ombudsman gives the official or authority concerned a hearing and requests studies and submissions. They can obtain additional reports by ordering investigators from their office to conduct enquiries. If necessary, they can ask the police to help by investigating a matter. Complaint documents are generally public. An average time to deal with a complaint is up to one year. If a thorough investigation is not needed, you will usually get a reply within three months.
Complaining to the Chancellor of Justice of the Government: You will be notified without delay if a matter will not be handled or if a particular matter falls beyond the scope of the authority of the Chancellor of Justice. You will also be notified if a matter will not be handled by the Office of the Chancellor of Justice due to the fact that the matter is currently under consideration by a competent authority or still open to appeal. The average time for processing a complaint is slightly over two months.
- Do I need a lawyer or legal expertise?
No, you do not need a lawyer or legal expertise to file an administrative complaint. Anyone can file an administrative complaint. You also do not need a lawyer to complain to the Parliamentary Ombudsman / Chancellor of Justice of the Government or file a report with the police.
Legal Source:
Law enforcement websites
- Finland police website: Making an administrative complaint against police
- Reporting an offence to the Police
Public information
- InfoFinland: Discrimination and racism
- InfoFinland: Problems in Helsinki
- Victim Support Finland
- Do you need a lawyer?
- Lawyers in Helsinki
- The Stopped Project - Ethnic profiling research project home page
Non-Discrimination Ombudsman
National Non-Discrimination and Equality Tribunal
Parliamentary Ombudsman
Chancellor of Justice
Administrative Procedure Act, Chapter 8a, Section 53a (368/2014)
12 (b) What if I feel I was a victim of discrimination or racism? How can I respond to circumstances involving discrimination?
If you feel that you were a victim of discrimination or racism, you can either:
It may also be worth contacting a lawyer.
You can also:
There are five different official mechanisms that you can use to complain about racism. You can only file a complaint using one complaint mechanism at a time (i.e. a complaint about a particular incident cannot be made with multiple complaint mechanisms at the same time). It is not obliged to have a lawyer to use one of these mechanisms. However, it might be worth speaking to one to decide which mechanism is best for you to use. You may be entitled to compensation if you have been discriminated against or victimized contrary to the Non-Discrimination Act.
1) Making an administrative complaint with the police
2) Complaining to the Non-Discrimination ombudsman
3) Complaining to the Non-Discrimination and Equality Tribunal
4) Reporting a discrimination offence to the police
5) Complaining to the Parliamentary Ombudsman or the Chancellor of Justice of the Government
FAQs
Legal Source:
Non-discrimination Act, Chapter 2, Section 5(1)
Non-discrimination Act, Chapter 2, Section 8
Non-discrimination Act, Chapter 2, Section 18(1)
Non-discrimination Act, Chapter 2, Section 20(1)
Non-discrimination Act, Chapter 5, Section 23(1)
Act on the Non Discrimination Ombudsman
The Criminal Code of Finland, Section 11
- call Victim Support Finland's victim support line,
- legal advice hotline,
- using their online chat service.
It may also be worth contacting a lawyer.
You can also:
- file an administrative complaint,
- report the offence to the police,
- complain to the Parliamentary Ombudsman / Chancellor of Justice.
There are five different official mechanisms that you can use to complain about racism. You can only file a complaint using one complaint mechanism at a time (i.e. a complaint about a particular incident cannot be made with multiple complaint mechanisms at the same time). It is not obliged to have a lawyer to use one of these mechanisms. However, it might be worth speaking to one to decide which mechanism is best for you to use. You may be entitled to compensation if you have been discriminated against or victimized contrary to the Non-Discrimination Act.
1) Making an administrative complaint with the police
- You can file an administrative complaint with the police if you feel the police have acted unlawfully. The administrative complaint is investigated within the police organisation, not by an independent body. Possible sanctions are lighter than in the other complaint mechanisms.
- You do not need a lawyer or legal expertise to make a claim.
- More information here (only in Finnish and Swedish).
2) Complaining to the Non-Discrimination ombudsman
- The Non-Discrimination Ombudsman is an autonomous and independent authority that promotes equality and addresses cases of discrimination.
- The ombudsman can ask official representatives to address cases where discrimination is suspected.
- The Non-Discrimination Ombudsman can also assist with filing a complaint to the Non-Discrimination and Equality Tribunal, a more powerful body.
- You do not need a lawyer or legal expertise to file a claim.
- More information on how to file a complaint with the Ombudsman here.
3) Complaining to the Non-Discrimination and Equality Tribunal
- The tribunal can investigate if the action of an official, for example a police officer, constitutes a breach of the The Non-discrimination Act. The tribunal can also investigate actions of private entrepreneurs, for example security guards.
- According to the Act, nobody may be treated less favourably than others on the basis of, for example, ethnic or national origin, nationality, language or personality characteristics, such as appearance.
- The tribunal can prohibit continued or repeated discrimination or victimisation. It can impose a conditional fine to enforce compliance with its injunctions, and order payment of such a fine to the state. However, the tribunal may not order any compensation to be paid to the victims of discrimination.
- If you need advice and assistance in preparing a petition to the Non-Discrimination and Equality Tribunal, you may contact the offices of the Non-Discrimination Ombudsman or the Ombudsman for Equality.
- You do not need a lawyer or legal expertise to file a complaint at the tribunal.
- More information on the tribunal and how to file a complaint here.
4) Reporting a discrimination offence to the police
- It is a criminal offence to place someone in an inferior position, due to, for example, their race, national or ethnic origin, skin colour or language. Discrimination can be punished with a fine or a maximum of six months' imprisonment.
- If a police officer stops you (primarily or only) due to these characteristics, this could be considered illegal discrimination. Suspected offences committed by police officers need to be reported to the police, but they are investigated by the Office of the Prosecutor General.
- However, you will need evidence that the primary or only reason for this treatment is your ethnicity, skin colour, language or other personal characteristic.
- You do not need a lawyer or legal expertise to report an offence.
- More information on reporting offences here.
5) Complaining to the Parliamentary Ombudsman or the Chancellor of Justice of the Government
- You can complain to the supreme guardians of the law if you feel that an official, for example a police officer, has not behaved in an appropriate way.
- The Ombudsman and the Chancellor of Justice treat the complaints in the same way. You can only complain about one case to one of the two, the Parliamentary Ombudsman or the Chancellor of Justice.
- The Ombudsman and the Chancellor of Justice cannot reverse the decision of an authority or a court ruling.
- You do not need a lawyer or legal expertise to file a claim.
- More information on complaints to the Parliamentary Ombudsman hereand to the Chancellor of Justice here.
FAQs
- Which is the best option to pursue of the formal complaint mechanisms?
You can only file a complaint using one complaint mechanism at a time, so it might be a good idea to obtain advice from a lawyer to select the best option for you. You can call Victim Support Finland's legal advice hotline or contact the Helsinki Legal Aid Office to see if you are eligible for free or partially reimbursed legal aid.
- Who can file a complaint?
You can contact the Non-Discrimination Ombudsman if you have experienced or observed discrimination on the basis of age, origin, nationality, language, religion, belief, opinion, political activity, trade union activity, family relationships, state of health, disability, sexual orientation or other personal characteristics. You can contact the Ombudsman on behalf of yourself or another person or group.
- Does the complaint have to be filed in writing?
Complaining to the Non-Discrimination ombudsman: No - you can fill in the discrimination form, send an email to yvv(at)oikeus.fi, call the helpline, send a letter, send a chat, or through sign language via video. Meetings in person must always be agreed upon separately.
Complaining to the Non-Discrimination and Equality Tribunal: Yes, and it is recommended that you sign the application as well.
- What happens next?
Complaining to the Non-Discrimination ombudsman: The experts in the Office of the Non-Discrimination Ombudsman assess all complaints concerning discrimination received by the Ombudsman. The experts assess whether the case involves discrimination. The Ombudsman has broad discretionary powers to decide what measures will be taken based on an individual complaint. The Non-Discrimination Ombudsman has many ways of tackling discrimination and promoting equality.
Complaining to the Non-Discrimination and Equality Tribunal. The Tribunal may prohibit continued or repeated discrimination or victimisation and impose a conditional fine to enforce compliance with its injunctions. The Tribunal may oblige the person concerned to take measures within a reasonable period of time, but they can't order any compensation to be paid. A decision issued by the Tribunal may be appealed to the competent Administrative Court.
- Do I need a lawyer or legal expertise to pursue these various options?
You do not need a lawyer or legal expertise to
(i) complain to the Non-Discrimination Ombudsman,
(ii) report a discrimination offence to the police; or
(iii) complain to the Parliamentary Ombudsman or the Chancellor of Justice of the Government (but it may be advisable to decide which is the best option).
You do not need a lawyer or legal expertise to complain to the Non-Discrimination and Equality Tribunal.
Legal Source:
Non-discrimination Act, Chapter 2, Section 5(1)
Non-discrimination Act, Chapter 2, Section 8
Non-discrimination Act, Chapter 2, Section 18(1)
Non-discrimination Act, Chapter 2, Section 20(1)
Non-discrimination Act, Chapter 5, Section 23(1)
Act on the Non Discrimination Ombudsman
The Criminal Code of Finland, Section 11
13. What can you do if the police perform an improper search? Or I was improperly detained?
If you feel that, while conducting a search or by detaining you, a police officer has not acted correctly - you can do the following:
You can also call Victim Support Finland's victim support line, legal advice hotline or using their online chat service. Or consider getting a lawyer.
Legal Source:
- make an administrative complaint;
- make a crime report about a police officer in case you suspect they have committed a crime; and
- make a complaint to the Parliamentary Ombudsman or the Chancellor of Justice of the Government.
You can also call Victim Support Finland's victim support line, legal advice hotline or using their online chat service. Or consider getting a lawyer.
Legal Source:
- European Justice - Finland - My rights during the investigation of a crime and before the case goes to court Please note that this is an article and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.
- Do you need a lawyer?
- Lawyers in Helsinki