After a police report has been filed starts an investigation on has a crime been committed, who is the guilty party and a decision is made on a possible punishment. It is not necessary to know how the case will proceed when filing a police report. The situation might however be easier if you know what will happen in advance.
After a police report police will conduct a pre-trial investigation:
In a pre-trial investigation police will investigate more specifically what has happened:
- Questioning: Police will question the victim of a crime, the suspect and the possible witnesses on the phone or in person.
- Evidence: Police will collect evidence such as photos.
Obligation to remain truthful: Victim of a crime has to describe the course of events and remain truthful. A suspect in a pre-trial investigation does not have the obligation to remain truthful meaning that they do not have to tell the truth under the threat of punishment because of the right against self-incrimination. Self-incrimination protection is also known as non-cooperation principle.
Interrogation record: An interrogation record containing the information the victim has told is made of the interrogations. It gets approved by the victim.
TIP: Corrections and additions can be made to the interrogation record if needed.
Compensation for damages: Police will ask about claims for damages during the interrogation. Crime may cause you direct costs if for example your property has been damaged or you have medical expenses. You can also make a claim for pain and ache as well as mental suffering caused by violence.
TIP: Hold on to all the receipts and consult a professional to approximate the number of damages caused if needed.
5 ways a case can proceed after the pre-trial investigation:
1. Not for prosecution: If no crime has taken place, there is no information who has committed the crime or the victim does not demand punishment the case ends here.
Prosecution - who decides if the case goes forward?
- Crimes subject to public prosecution: Most crimes are subject to public prosecution. This means that police will always investigate them and prosecutor can bring charges without the approval of the victim. Assault and rape are examples of such crimes even when the crime takes place at home or the offender is a family member.
- Complainant offence: More minor crimes are investigated only if the victim demands punishment. The prosecutor can however sometimes also bring charges in these cases if they feel it is in the public interest.
2. Fine: The offender is fined and the victim gets possible compensation for damages after which the case is settled.
3. Mediation: Sometimes it is easier to try to solve an issue without trial and police will try to direct the case to mediation. In mediation the parties to the crime can process the harm caused by the issue and come to an agreement about compensation with an impartial mediator. Mediation is free. Read more about mediation from the webpage of Finnish Institute for Health and Welfare (THL).
TIP: You can make a motion for mediation instead of a trial. Mediation is voluntary and you can withdraw your consent to it anytime.
4. Restriction of a pre-trial investigation: Police can request restriction of a pre-trial investigation from a prosecutor if for example the accomplishment of the criminal process would be unreasonable. For example, the parties of a crime have hit each other but have come to an agreement during mediation and no longer have demands. In some cases, the investigation can be ended if the case is deemed insignificant. Other grounds for restriction are for example disproportionate expenses of continuation or if there is no proof of crime.
5. Trial: If the prosecutor decides to bring charges to the suspect of a crime the case will go to trial. This means that the court will invite the required people to appear before the court where all parties will be heard. More minor cases can be tried in writing where the judge will make a decision based solely on the material of the case. Parties of a criminal case will receive an invite to the trial that will state whether the victim of a crime has to attend the trial.
TIP: If the prosecutor decides not to bring charges in a criminal case you as a plaintiff still have the right to bring charges yourself at your own discretion and that way bring the case before the court. In this case the plaintiff will plead the case at their own responsibility.
Decision
The verdict will be announced immediately after the trial or the district court will announce the date on which the verdict will be delivered. The verdict can be appealed to the Court of Appeal. The verdict form the Court of Appeal can further be appealed to Supreme Court.
The length and costs of a criminal process
The length of a criminal process varies depending on the case. The length of the pre-trial investigation is not a hindrance in receiving help and support.
Most finish people are entitled to public legal aid that covers the costs of the attorney in whole or partly. The availability of public legal aid depends on the customers income and expenses.
With some crimes the court may appoint the plaintiff a legal counsel regardless of the plaintiff's income. Such crimes are for example sexual offences, crimes that involve domestic violence and serious offences against life, health and liberty.