Rights of a defendant in criminal proceedings

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FinnGuyHelsinki · Post by **FinnGuyHelsinki** » Tue Sep 08, 2015 8:04 am

Paraphrasing from http://www.oikeusministerio.fi/fi/index ... ranee.html :

You have a right to have a translation of a subpoena, ruling on the case/sentencing, the order of incarceration and arrest. Also a verbal translation is considered a translation, a written one is provided only if necessary for ensuring the defendant's legal protection (whatever that means in practice, in which cases a written translation would be provided... I don't know). The text also states that in 2013 less than half of the subpoenas were translated in writing, whereas other documents are mostly translated verbally. Probably a good idea to have a recording device (if possible) with you while getting things translated verbally, to have something to refer to later on.

rinso · Post by **rinso** » Tue Sep 08, 2015 8:53 am

Your lawyer must have told you what you're accused of. You know if it's true or not.
If it's true you don't need a translation. If you didn't do it you need all the translations you can get, so you can point the lawyer on the contradictions. If you don't get them it's a good reason for an appeal. (when you're innocent)
When you're guilty, best thing is to show remorse and explain what circumstances let you to make that mistake. Don't expect to wriggle out of it, 200 pages is plenty of evidence.

financial fraud amounting to €2000 or so
The lawyer said suspended sentence+fine

That's a good estimate for a first time offender.

Rip · Post by **Rip** » Tue Sep 08, 2015 1:27 pm

FinnGuyHelsinki wrote:Paraphrasing from http://www.oikeusministerio.fi/fi/index ... ranee.html :

You have a right to have a translation of a subpoena, ruling on the case/sentencing, the order of incarceration and arrest.

Also any other relevant document that is considered necessary to safe guard your rights. I hope your lawyer knows how this is applied in practice

Section 13 – Translation of a document (770/2013)
(1) A document or a portion thereof that is part of the criminal investigation
documentation and that is essential from the point of view of the matter shall be
translated in writing within a reasonable period into the language of the party
referred to in section 12, if translation is necessary to ensure the right of the
party.
(2) Notwithstanding the provisions in subsection 1, an essential document or a
part or summary thereof may be translated verbally for a party, unless legal
safeguards for the party require that the document be translated in writing.

https://www.finlex.fi/fi/laki/kaannokse ... 110805.pdf
(Criminal Investigation Act)

Pursuivant · Post by **Pursuivant** » Wed Sep 09, 2015 11:51 pm

If its financial, or anything to do with avoiding taxes, you get pound-in-ass prison.

If its violence, rape, murder or the likes, you get probation.

Just need to start the revolution and Shakespeare said what comes next

wayne1978 · Post by **wayne1978** » Mon Sep 14, 2015 4:40 am

Rip · Post by **Rip** » Mon Sep 14, 2015 5:44 am

wayne1978 wrote:Can I get a stricter sentence if I appeal because if I did, the prosecutor shall also express an opinion.

The prosecutor will be informed about your appeal and he may make a counter appeal asking for stiffer sentence (At this point you'd still have an option to cancel your appeal and end the process).

rinso · Post by **rinso** » Mon Sep 14, 2015 8:02 am

Now, my lawyer thinks that this is a very small fine and no criminal record and I should just pay the fine and forget it ever happened. He thinks it is not worth the appeal. I disagree. What should I do?Can I get a stricter sentence if I appeal because if I did, the prosecutor shall also express an opinion

Your lawyer is right. You should be very happy it's only a very small fine.
If you appeal the case is seen by different judges. You might get the translations but you also might get a much steeper sentience. An appeal is only useful if you can prove you're innocent.
A violation of your rights doesn't reduce a sentience, it's getting you a new trial.

Rip · Post by **Rip** » Mon Sep 14, 2015 8:28 am

Rinso right that if you manage to get a retrial, then everything is possible.

betelgeuse · Post by **betelgeuse** » Mon Sep 14, 2015 9:30 am

wayne1978 wrote: I also think that my right to have a fair trial is also affected by not allowing me to have translation of the content, be it oral translation or written papers.

Now, my lawyer thinks that this is a very small fine and no criminal record and I should just pay the fine and forget it ever happened. He thinks it is not worth the appeal. I disagree. What should I do?Can I get a stricter sentence if I appeal because if I did, the prosecutor shall also express an opinion.

It seems like the end result is satisfactory. Since you have a qualm with the process I would suggest to rather be in contact with the parliamentary ombudsman than making an appeal to the appeals court:

http://www.oikeusasiamies.fi/Resource.p ... /index.htx

onkko · Post by **onkko** » Mon Sep 14, 2015 10:13 am

rinso wrote:
Now, my lawyer thinks that this is a very small fine and no criminal record and I should just pay the fine and forget it ever happened. He thinks it is not worth the appeal. I disagree. What should I do?Can I get a stricter sentence if I appeal because if I did, the prosecutor shall also express an opinion
Your lawyer is right. You should be very happy it's only a very small fine.
If you appeal the case is seen by different judges. You might get the translations but you also might get a much steeper sentience. An appeal is only useful if you can prove you're innocent.
A violation of your rights doesn't reduce a sentience, it's getting you a new trial.

You cant get higher sentence if you appeal. It can be same or lower. Of course if prosecutor appeals then it can be higher.

Rip · Post by **Rip** » Mon Sep 14, 2015 10:55 am

onkko wrote: You cant get higher sentence if you appeal. It can be same or lower. Of course if prosecutor appeals then it can be higher.

Two points (repeated): It is a possible the prosecutor makes a counter appeal (vastavalitus) because the defendant appealed (though he has then chance to cancel his own appeal and to make the counter appeal void)
http://www.hs.fi/kotimaa/a1341374418785

It does to my non-lawyer mind sound like that if an appeal would be successful it might mean returning the case back to district court for another trial.
(At least here he makes a more of case that the trail was not fair instead of just having the wrong result)
That would be back to square one with all options open ( http://formin.finland.fi/public/default ... ture=fi-FI )

rinso · Post by **rinso** » Mon Sep 14, 2015 3:59 pm

It does to my non-lawyer mind sound like that if an appeal would be successful it might mean returning the case back to district court for another trial.
(At least here he makes a more of case that the trail was not fair instead of just having the wrong result)

Based on his arguments I agree.

I also think that my right to have a fair trial is also affected by not allowing me to have translation of the content, be it oral translation or written papers.

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