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- Posts: 2596
- Joined: Thu Nov 01, 2007 9:21 am
If they manage to get me to court I am going to argue that the law goes against a clause in the Finnish constitution that guarantees the right to equal treatment. Schengen EU countries have the possibility of adopting national rules obliging you to hold or carry papers and documents when you are present on their territory. Enforcing these on a foreigner within Finland violates the right to equal treatment in the Finnish constitution since it is not a crime for a Finnish person to let their travel document expire within Finland. I don't expect to win but I think they may make mistakes that could get the judgement overturned on appeal.
I do think that the Aliens act should not label EU citizens (and their family members) as Aliens. It violates the EU founding articles equal treatment clause by classifying an EU citizen as an alien and applying special laws to them that do not apply to Finnish persons.
It is not crime for Finnish citizen not to have travel documentation. It would not be violation for you to let your FINNISH passport expire.
Here's the kicker. You are NOT Finnish citizen. As others have noted, there are whole lot of rules that apply to EU-citizens who are not Finnish citizens.
Pay the fine and learn to keep your documents in order.
- Posts: 325
- Joined: Wed Aug 11, 2010 3:48 pm
How can a passport proof legal residence in Finland? does it get a stamp when it is not an EU passport?
Well my comment was about travel, was it not. If a resident permit holder travels even inside the Schengen area they need to be able to demonstrate their legal presence in Schengen territory so I would assume they have visa stamped in their passports or they need to carry they residence permit card.
- Posts: 47
- Joined: Wed Jun 30, 2004 9:42 am
It has now been more then 2 years since the issuing date on my new passport. I read the information about statute of limitations and found the following:
The time limits relating to the statute of limitations are normally counted from the commission of the criminal act. The operation of the statute of limitations will cease only when the court summons in the case has been served on the defendant, which means that both the pre-trial investigation of the offence by the police and the prosecutor’s evaluation of charges relating to it must have been completed before the time limit expires.
I am thinking that the last day of the criminal act was the day before my new passport was issued when I was no longer purposefully without a passport. No court summons has been served on me.
>> So I would like to advise the OP just to pay the fine and be done with it, there is no way you will win this case and being served has already been done by getting a settlement offer, you got the fine. No way you will be let off the hook, the fine will just become bigger and bigger.
I was not issued a fine. I had the option to plead guilty and pay a fine or plead innocent and have my case heard by a judge. Once I plead innocent it started through the pre-investigation phase.
Now I am not sure about the statute of limitation text where it says "normally counted from the commission of the act". I am not sure what would not be "normal".
Of course, they could ignore statute of limitation and take me to court anyway but I was reading European Court of Human Rights case law and they have overturned every Finnish case related to statute of limitations that they have heard.
>> Here's the kicker. You are NOT Finnish citizen. As others have noted, there are whole lot of rules that apply to EU-citizens who are not Finnish citizens.
It is going to get more interesting if Finland makes modifications to the Aliens act as a result of the Turku situation. EU citizens living in Finland will have these same rules applied to them as a non EU person without papers.