Helsinki, Finland

• 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 the 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.

a. Can the police arrest you for refusing to answer questions?

ANSWER:

You are free to decide if you want to answer any questions, especially when you are not suspected of any offense. Even if you are suspected of an offense, you have the right to not incriminate yourself, meaning that you are not obligated to answer any questions.

However, the police has the right to obtain 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 (i.e., identifying information). The police could arrest you for refusing to provide this identifying information.

Otherwise, they can't arrest you for refusing to answer questions.

The Criminal Code of Finland, Chapter 16, Section 4

The Criminal Code of Finland, Chapter 16, Section 1 and 3

b. What if the officers do not identify themselves?

ANSWER:

Usually, police officers carry an official badge that identifies them as police officers. If you cannot see it, politely ask the police officer to present his or her badge. A police officer must always show their official badge if you request it, as long as doing so doesn't jeopardize the performance of their duties.

en20110872_20131168.pdf (finlex.fi) Section 8

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

You can choose to answer or not to the police officer. Even if you are accused or suspected of something illegal, you don't have to answer anything.

The only thing which you can be obligated to do is identify yourself (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).

Before an interrogation, you must be informed of your status, your right to request the interrogation of a witness and your linguistic rights.

Criminal Investigations Act, Chapter 4, Section 3

The Police Act, Chapter 2, Section 1, Subsection 1

Criminal Investigations Act, Chapter 7, Section 10

d. What if the officer is not in uniform or identified as an officers but I think it is one?

ANSWER:

Unless you can see the officer's badge, search warrant(s), or official license(s), you can politely ask for the police officer to identify themselves.

e. Can I tell police I do not want to speak without a lawyer?

ANSWER:

Yes. You can use your right to remain silent by saying that you want to use the right to remain silent and that you want to use the right to have a lawyer.

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.

Criminal Investigation Act, Chapter 4, Section 16

f. If I sit down, am I resisting?

ANSWER:

It is always a good idea to cooperate with the police. If you are not arrested or detained, you can ask the police officer if you are allowed to sit down and clarify that you are not resisting.

However, when the police have asked you to leave the place, sitting down could be seen as a form of resistance.

en20110872_20131168.pdf (finlex.fi) Section 10 & 17

g. If I am stopped in a group, and some kids run, can I run?

ANSWER:

It is never a good idea to run away.

You should try to cooperate with them, of course you don't have to answer their questions if you do not want to. However, running away, might be interpreted as refusing to comply

The Criminal Code of Finland, Chapter 16, Section 4

h. Can I tell others (siblings, for example) to run?

ANSWER:

It is not recommended. Stay calm. Anything you say can be used against you in a court of law.

Telling others to run may make police work more difficult and it may be interpreted as resistance.

The Criminal Code of Finland, Chapter 16, Section 4

The Criminal Code of Finland, Chapter 16, Section 1 and 3

i. If the officer's language is not my first language, can I tell them without waiving my rights?

ANSWER:

Yes, you can tell them that it's not your first language without waiving your rights.

Telling the police officer that you do not understand them is always helpful. They have to give you an interpreter:

Language Act Finland: Kielilaki_eng.PDF (finlex.fi), Section 18

j. If I did not do anything, can they stop me?

ANSWER:

Yes, a police officer can stop you, and even arrest you, if they believe you are a suspect. This means that you may not have done anything illegal but you have been suspected of a crime. Yet, you do not have to answer any questions. You are allowed to ask why they stopped you, as the police must immediately inform you of why you have been stopped.

If you think the stop is unjustified (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.

Coercive Measures Act, Chapter 2, Section 5-16

• You have the right to say no to searches of your person.
• You have the right to say no to searches of your car, house or other surroundings.
• You cannot be arrested for refusing to consent to a search without a warrant.
• A warrant is a court order so you have no choice but to consent.

a. What if a police officer wants to search my phone?

ANSWER:

You can ask them of what are you suspected of and what is the punishment.

If you are suspected of an offence for which the punishment is imprisonment of at least 6 months (and it may be presumed they will discover something), then the answer is yes, they can search your phone.

However, if you don't want to, you do not have to give a police officer your password, so the officer can only take your phone for the investigation. You always have to right to not incriminate yourself.

Criminal Investigations Act, Chapter 4, Section 3

Coercive Measures Act Chapter 8, Section 20-22

b. What if a police officer asks me for my password to my phone?

ANSWER:

Even if you are suspected of an offense, you don't have to give your phone password because of the fact that you don't have to incriminate yourself in an investigation, and have the right to not participate in an investigation.

Criminal Investigations Act, Chapter 4, Section 3

c. What if they tell me to give them my password or other access to my phone?

ANSWER:

You can say NO if you wish. 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.

Criminal Investigations Act Chapter 4, Section 3

d. Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?

ANSWER:

No. If you do not want to give them your device password if you are not under arrest, you don't have to.

Criminal Investigations Act Chapter 4, Section 3

e. What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

ANSWER:

If a police officer suspects you of an offence, they may use different technologies to take fingerprints, handprints and footprints, handwriting samples, voice and smell samples, photographs and information on identifying marks.

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 and drugs offences.

This use of technologies cannot go beyond what is necessary and they must not cause unnecessary damage or inconvenience to you. Although these searches may be coercive, they can only be used if they are justifiable. 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

f. Can they search my backpack or other item I am carrying?

ANSWER:

Yes, if you are suspected of a crime with the punishment of at least six months, so for more serious offences. If yours is not a serious offence then, they can't. The only exception to this is if it is necessary due to the urgency of the matter.

As a rule they can't do it against you will, but if they have a justification, they can. What is a justification? It really depends, but for instance if you are running out of a store and behind you the store owner shouts "thief" then the police will have enough justification to search your purse or backpack.

Coercive Measures Act, Chapter 8, Section 30-33

g. Can they take my picture or record me?

ANSWER:

If a police officer suspects you of an offence, they may take photographs and recordings.

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 and drugs offences.

This use of technologies cannot go beyond what is necessary and they must not cause unnecessary damage or inconvenience to you.

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

h. Can they ask me where I am going and why?

ANSWER:

Yes, if you are suspect of a crime (for example you are at a crime scene or near one.)

(Criminal Investigation Act, Chapter 6, Section 1-3)

First, they must inform you why you have been stopped. If they haven't, you should politely ask them why. They must immediately inform you of why you have been stopped.

Coercive Measures Act, Chapter 2, Section 4

Coercive Measures Act, Chapter 2, Section 10

• The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
• Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
• It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
• If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
• If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

a. What if I did not do anything illegal, must I speak with the police and answer questions?

ANSWER:

You do not have to speak to the police and answer their questions. However, you can be arrested for "contumacy to the police" (e.g., resistance to the police), if you: 1) refuse to comply with an order given by a police officer to maintain public order and safety or to carry out an official duty, or 2) refuse to provide a police officer with your identifying information. In other words, your identifying information is the only thing you are mandated to tell police.

The police may stop you, even if you haven't done anything illegal, if you are suspected of being part of a crime. If you are not arrested or detained, you may tell them you don't want to answer their questions. If you are arrested or detained, you can continue to not take part in your own investigation but should generally comply with the police.

Criminal Investigations Act, Chapter 4, Section 3

The Police Act, Chapter 2, Section 1, Subsection 1

Criminal Investigations Act, Chapter 7, Section 10

b. What if they tell me something they are investigating that is wrong? Must I correct them?

ANSWER:

You don't have to. You have the right to remain silent and wait for your lawyer.

As a suspect, you can use your right to remain silent or any of your other rights 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.

Criminal Investigation Act, Chapter 4, Section 16

c. What if an officer just begins speaking to me but does not order me to do anything?

ANSWER:

You listen to him, if he asks you questions, you are free to answer but you can also chose not to answer, especially if you are not suspected of an offence. If he does not order you to do anything and you don't want to continue answering questions, you can ask if you are being detained or arrested. If they say no, you can also ask if you can calmly walk away from the situation.

The Police Act, Chapter 2, Section 1, Subsection 1

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

ANSWER:

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 immediately 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.

You should also be told that your 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.

Coercive Measures Act, Chapter 2, Section 10

Criminal Investigation Act, Chapter 4, Section 16

a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?

ANSWER:

If you agree to the search, you have given consent and the police may search your phone, person, backpack etc.

If you do not agree to the search, the police may be allowed to search you and your belongings against your will, but only in certain circumstances.

Searching your belongings or property (house/car etc.) may only be carried out if the police are very sure that 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.

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

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

ANSWER:

You have the right to remain silent and are not required to provide answers to the questions, whether they are asking or telling you. Anything you say or do may be held against you if you provide answers voluntarily, so it's a good idea to always have a lawyer present before answering the police's questions.

Criminal Investigation Act, Chapter 4, Section 3

• No. Police officers can legally arrest you without a warrant in several circumstances:
  • When the crime is committed in front of the police officers; or
  • When the officer has probable cause (reason to suspect) that the suspect committed a felony, whether or not the act was done in front of them.

a. If I did not do anything, can they stop me?

ANSWER:

Yes, they can stop you even if you have not done anything, but the police will need to tell you the grounds on which they are stopping you and you have the right to know why as soon as possible - see section 7 of the Police Act https://www.finlex.fi/en/laki/kaannokset/2011/en20110872_20131168.pdf.

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).

b. Can I ask for the reason they stopped me?

ANSWER:

Yes, the police must immediately inform you of why you have been stopped.

Coersive Measures Act, , Chapter 2, Section 4

If you are arrested, the officers must tell you why you have been arrested

Coersive Measures Act, , Chapter 2, Section 10

Police Act, Chapter 1, Section 7

c. Can I advocate for another young person stopped by police if we are stopped together?

ANSWER:

Unless you are responsible for looking after them, then it is advised to probably not.

https://www.finlex.fi/en/laki/kaannokset/2011/en20110805_20150736.pdf

Chapter 2 Section 14 – Criminal Investigations Act 805/2011. You can advocate and have the right to be there for any questioning if you have the care and custody for the young person if they are under the age of 15.

Chapter 2 Section 6 – Criminal Investigations Act 805/2011. You can advocate if you are either the young person's Counsel or support person.

d. If I think the stop is unjustified, what can I do?

ANSWER:

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.

https://poliisi.fi/en/internal-supervision

e. Can I get the officer's identifying information for a future complaint?

ANSWER:

Yes. You can ask a police officer to present their badge to you.

The police must make sure that officers can be identified.

The Police Act, Chapter 1, Section 8

• You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.
• If the following happens, you are likely under arrest under the law:
  • 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.
• An officer only has to warn you of your rights before the police question you. This means an officer can arrest you before warning you of your rights.
• An arrest without rights warnings is still a valid arrest; it just may mean that evidence collected from it is not admissible in court later.

a. What if I do not know if I am under arrest?

ANSWER:

You can calmly ask the police officer if you are under arrest. If you are arrested, the police must immediately inform you of why you have been arrested.

Coersive Measures Act, Chapter 2, Section 10

b. What is the difference between detention and arrest?

ANSWER:

• 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.

Coercive Measures Act, Chapter 2, Section 10

Criminal Investigation Act, Chapter 4, Section 16

c. If I am handcuffed, am I arrested?

ANSWER:

Being handcuffed by a police officer may indicate that you are under arrest. If you are unsure if you have been arrested when being handcuffed, you can calmly ask the police officer.

Section 20, https://www.finlex.fi/en/laki/kaannokset/2011/en20110872_20131168.pdf

d. If my liberty is restricted, am I under arrest?

ANSWER:

This may indicate that you are under arrest, but you may not be - you could have been restricted for another reason, e.g. your safety. You can ask the officer whether you are under arrest.

Coercive Measures Act, Chapter 2, Section 10

• You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
• You are also able to 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 without a lawyer present.
• Make sure you know what you're doing in giving up your rights

a. How do things change if I am read my rights by police?

ANSWER:

If you are read your rights, the Police consider you a suspect.

You have the right to remain silent and the right to a lawyer

Criminal Investigation Act, Chapter 4, Section 16

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

ANSWER:

Somewhat. While the police are required to read you your rights without delay and before they question you if you are suspected of an offence, they can do this in the street, station, police car, etc., depending on where you are at the time of your arrest.

Criminal Investigation Act, Chapter 4, Section 16

Generally, if you are being held and not allowed to leave, Police must read you your rights without delay.

Criminal Investigation Act, Chapter 4, Section 17

• You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you.
• If police have arrested you and if you are under the age of 18, police are required to immediately notify your parent, caretaker or legal guardian.

a. Am I required to make a statement?

ANSWER:

No. If you are a suspect you are not required to assist the investigation.

Criminal Investigation Act, Chapter 4, Section 3

b. Must police notify my guardian?

ANSWER:

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 your 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

Section 7 https://www.finlex.fi/en/laki/kaannokset/2011/en20110806_20131146.pdf

c. Must I confess?

ANSWER:

You have the right to remain silent and are not required to confess.

Criminal Investigation Act, Chapter 4, Section 3

d. What adults can I ask to be with me?

ANSWER:

You can ask to for your guardian, trustee or other legal representative (i.e. lawyer) with you.

Coercive Measures Act, Chapter 2, Section 10

Criminal Investigation Act, Chapter 4, Section 16

e. Who do police have to contact if I am a legal minor?

ANSWER:

If you are 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.

Criminal Investigation Act, Chapter 7, Sections 14 to 16

Criminal Investigation Act, Chapter 4, Section 7

 a. What if I am just a witness?

ANSWER:

If you are called as a witness, you are required to tell the truth. A witness has to (truthfully and without concealment) state what he or she knows in the matter under investigation.

In certain situations, you can refuse to testify:

• if you live with the suspect
• If the suspect is a close family member or you are in a close relationship to the suspect;
• if you would have to give information about yourself or a close relative that would make you subject to arrest

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

• No. The police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.
• Sometimes police will lie to try and get you to talk more.

a. Can the police lie to me?

ANSWER:

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:

• to hide the surveillance or undercover activities that they are doing; or
• to protect the use of a secret intelligence gathering method.

Criminal Investigations Act, Chapter 7, Section 5

Police Act, Chapter 5, Section 15, 28 and 46

b. Do I have to tell the police the truth?

ANSWER:

Giving the police false information is not a good idea.

If you intentionally give false information to the Police you could be punishable under the Criminal Code.

(Criminal Code, Chapter 15, Section 2)

If you are a witness you should tell the truth during a criminal investigation (Criminal Investigation Act, Chapter 7 section 8) https://www.finlex.fi/en/laki/kaannokset/2011/en20110805_20150736.pdf

If you are the victim you should also tell the truth (Criminal Investigation Act, Chapter 7 section 6) https://www.finlex.fi/en/laki/kaannokset/2011/en20110805_20150736.pdf

However, remember that you do not have to answer the police's questions. If you are a suspect, it is advised to not answer without the presence of a lawyer.

REMEDIES:

If you would 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:

• Victim Support Finland's victim support line,
• Legal advice hotline or
• Use their online chat service.

If you would like to make a complaint, you can report the offence to the police on the Finland police website: Making an administrative complaint against police

REMEDIES:

You could either:

• call Victim Support Finland's victim support line;
• access the legal advice hotline; or
• use the online chat service to obtain legal advice.

After talking to someone about what happened, you might want to consider:

• filing an administrative complaint with the police ;
• reporting the offence to the police (More information on reporting offences here);
• complaining to the Parliamentary Ombudsman (complaints to the Parliamentary Ombudsman) or Chancellor of Justice (Chancellor of Justice).

You do not need a lawyer to file the complaint or report the offence.

REMEDIES:

If you feel that you were a victim of discrimination or racism, you can either:

• 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.

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

REMEDIES:

If you feel that, while conducting a search or by detaining you, a police officer has not acted correctly - you can do the following:

1. make an administrative complaint;
2. make a crime report about a police officer in case you suspect they have committed a crime; and
3. 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.

-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.