Murder (Finnish law)
Encyclopedia
In Finland, murder is defined as homicide
with at least one of four aggravating factors:
Further, the offense considered as a whole must be aggravated. A murder
doesn't expire.
The only possible punishment for murder is life imprisonment. Typically, the prisoner will be pardon
ed by the Helsinki Court of Appeals after serving 12 to 14 years of the sentence, but this is not automatic. The President
can also give pardon, and previously this used to be the only possibility.
In jurisprudence, the comparison of an actual crime against the "especially brutal or cruel way" standard has been understood to mean comparison to "usual" homicide cases. In recent cases, the Finnish Supreme Court has not considered a single axe stroke on the head, or strangulation to be "especially brutal or cruel". On the other hand, causing death by jumping on a person's chest and head and firing over 10 times upon a person's torso have been considered to fulfill the standard.
Until 2006, a life sentence could be pardoned only by the president. However, since the 1960s, presidents have regularly given pardons to practically all offenders after a period of 12–15 years. In 2006, the legislation was changed so that all life sentences are reviewed by an appellate court after they have been executed for 12 years. If the convict is still deemed a danger to society, his or her case will be reviewed every two years after this. Involuntary confinement to a psychiatric institution may also result, sometimes after the sentence is served. The involuntary treatment ends when the psychiatrist decides so, or when a court decrees it no longer necessary in a periodical review.
If the prerequisites are not fulfilled, but the homicide has been deliberate and premeditated, the convict is sentenced for second degree murder (tappo) to a minimum of eight years in prison. There is also the crime of voluntary manslaughter
(surma), which is a homicide under mitigating/extenuating circumstances, with the punishment of four to ten years. Involuntary manslaughter (kuolemantuottamus) has a maximum punishment of two years of imprisonment or fine (see day fine). Infanticide carries a punishment of at least four months and at most four years in prison.
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
with at least one of four aggravating factors:
- Deliberate intent
- Exceptional brutality or cruelty
- Significantly endangering public safety
- Committed against a public official engaged in enforcing the law.
Further, the offense considered as a whole must be aggravated. A murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
doesn't expire.
The only possible punishment for murder is life imprisonment. Typically, the prisoner will be pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
ed by the Helsinki Court of Appeals after serving 12 to 14 years of the sentence, but this is not automatic. The President
President of Finland
The President of the Republic of Finland is the nation's head of state. Under the Finnish constitution, executive power is vested in the President and the government, with the President possessing extensive powers. The President is elected directly by the people of Finland for a term of six years....
can also give pardon, and previously this used to be the only possibility.
In jurisprudence, the comparison of an actual crime against the "especially brutal or cruel way" standard has been understood to mean comparison to "usual" homicide cases. In recent cases, the Finnish Supreme Court has not considered a single axe stroke on the head, or strangulation to be "especially brutal or cruel". On the other hand, causing death by jumping on a person's chest and head and firing over 10 times upon a person's torso have been considered to fulfill the standard.
Until 2006, a life sentence could be pardoned only by the president. However, since the 1960s, presidents have regularly given pardons to practically all offenders after a period of 12–15 years. In 2006, the legislation was changed so that all life sentences are reviewed by an appellate court after they have been executed for 12 years. If the convict is still deemed a danger to society, his or her case will be reviewed every two years after this. Involuntary confinement to a psychiatric institution may also result, sometimes after the sentence is served. The involuntary treatment ends when the psychiatrist decides so, or when a court decrees it no longer necessary in a periodical review.
If the prerequisites are not fulfilled, but the homicide has been deliberate and premeditated, the convict is sentenced for second degree murder (tappo) to a minimum of eight years in prison. There is also the crime of voluntary manslaughter
Voluntary Manslaughter
Voluntary manslaughter is the killing of a human being in which the offender had no prior intent to kill and acted during "the heat of passion," under circumstances that would cause a reasonable person to become emotionally or mentally disturbed. In the Uniform Crime Reports prepared by the...
(surma), which is a homicide under mitigating/extenuating circumstances, with the punishment of four to ten years. Involuntary manslaughter (kuolemantuottamus) has a maximum punishment of two years of imprisonment or fine (see day fine). Infanticide carries a punishment of at least four months and at most four years in prison.