[align=left] <H2>Chapter 8 Statute of limitations (138/1973)
Section 1
(1) A sentence shall not be passed if charges have not been brought
(2) There is no statute of limitations for offences where the most severe punishment is life imprisonment.
- (1) within twenty years, if the most severe punishment provided for the offence is fixed-term imprisonment for over eight years,
(2) within ten years, if the most severe punishment is imprisonment for more than two years and at most eight years,
(3) within five years, if the most severe punishment is imprisonment for over a year and at most two years,
(4) within two years, if the most severe punishment is imprisonment for at most a year, or a fine.
(3) The most severe punishment referred to above means the maximum punishment provided for the offence in the applicable provision, taking into consideration the circumstances manifested in the offence.
(4) The above provisions apply to offences in office. However, the minimum time of limitation for such an offence is five years. (792/1989)
Section 2
(1) Charges are deemed to have been brought when the charged person has been legally summonsed to court or a request for his/her punishment has been submitted with him/her present in person. (1256/1988)
(2) The bringing of charges in a case which later is dismissed without prejudice or where prosecution is not continued shall not be considered as regards the statute of limitations. Section 3
(1) The periods mentioned above in section 1 are calculated from the commission of the offence. If a certain consequence is a condition for the punishability of an act, the period shall be calculated from the day when the consequence became evident.
(2) If charges cannot be brought until an annulment of marriage is sought, the period shall be calculated from the day when the annulment action was brought. Section 4 (697/1991)
If the same act comprises several offences, a sentence for all the offences may be passed as long as it may be passed for one of them. Section 5 (466/1976)
No offence for which the most severe punishment is other than imprisonment for life shall be punishable thirty years after the day mentioned in section 3. If the most severe punishment for the offence is imprisonment for a maximum of two years, dismissal or a fine, no sentence shall be passed fifteen years after the day mentioned in section 3. Section 6 (466/1976)
(1) When the public prosecutor is not to bring charges unless the complainant has requested that charges be brought, no sentence shall be passed unless the complainant has brought charges or has requested that charges be brought within one year of the day he/she gained knowledge of the offence and of the offender.
(2) If the complainant has deceased within the period mentioned in paragraph (1) without bringing charges or requesting that charges be brought, or if the complainant had not gained knowledge of the offence and of its offender before deceasing, no sentence for an offence referred to in paragraph (1) shall be passed unless the spouse, children, parents or siblings of the complainant have brought charges or requested that charges be brought within one year of the day of the death of the complainant. If the complainant wished that no charges be brought, the relatives mentioned shall not be entitled to bring charges.
(3) If an offence was subject to public prosecution under an earlier law and has, under the new law, become an offence referred to in paragraph (1), the period provided in this section shall be calculated at the earliest from the date on which the new law entered into force. (769/1990)
(4) However, no sentence shall be passed for an offence referred to in this section after the period of limitation referred to in sections 1 and 5 has ended. (769/1990) Section 7
A sanction involving forfeiture shall not be imposed if no sentence is to be passed due to the termination of the period of limitation. The shortest period of limitation for a claim of forfeiture, however, is five years. If the claim of forfeiture involves an object or substance which, due to its special properties or characteristics, and with due consideration to the other circumstances manifest in the matter, is in danger of being put to criminal use, the claim shall not be subject to the statute of limitations. Section 8
Separate provisions apply to the statute of limitations with regard to penal orders. Section 9
(1) A sentence of imprisonment shall lapse if its enforcement has not been started within the time periods below, counted from the date when the sentence became final:
(2) A sentence of imprisonment for life shall not lapse.
- (1) within twenty years, if the punishment is a fixed term of over eight years,
(2) within fifteen years, if the punishment is for more than four years and at most eight years,
(3) within ten years, if the punishment is for more than one year and at most four years,
(4) within five years, if the punishment is for at most one year.
(3) A conversion sentence for unpaid fines shall lapse if its enforcement has not been started within three years of the date when the decision became final. If a postponed conversion sentence is ordered to be enforced, the period mentioned above commences from the date when the final enforcement decision was given.
Section 10
If the enforcement of an imprisonment sentence or of a conversion sentence for unpaid fines has been interrupted, or an offender on parole has been ordered to lose his/her liberty, the provisions in section 9 shall be applied in continuing the enforcement. In fixed-term imprisonment, the period of limitation shall be determined on the basis of the remaining punishment and, if several punishments have been combined for enforcement, the period of limitation shall be determined on the basis of the remaining combined punishment. The period of limitation shall be calculated from the day of interruption and, if a parole is ordered revoked, from the day the final decision of revocation was given. Section 11 (466/1976)
Enforcement of a fine shall lapse after five years from the day the final judgment was given. If a conversion sentence has been passed, the offender is entitled to pay the fine even after the period of limitation, in accordance with what has been separately provided. The above provisions on fines apply also to the threat of a fine. Section 12 (466/1976)
Enforcement of a sanction of forfeiture shall lapse after ten years from the day the final judgment was given. If the forfeiture involves an object or substance which, due to its special properties or characteristics, and with due consideration to the other circumstances manifest in the matter, is in danger of being put to criminal use, the forfeiture shall not be subject to limitation. Section 13 (466/1976)
Regardless of what is provided above in sections 11 and 12, enforcement in which distraint is carried out within the limitation period may be completed for the part of the distrained property. Section 14 (466/1976)
A fine and a threat of a fine shall lapse upon the death of the offender. Enforcement involving distraint which was carried out while the offender was living may be completed for the part of the distrained property. Section 15 (466/1976)
(1) Upon the death of the offender or another person liable for forfeiture, the sanction shall be judged to be enforced on the estate of the deceased, unless such a judgment would be obviously unreasonable.
(2) If the offender sentenced to forfeiture has deceased, the enforcement shall be directed on his/her estate. However, the heirs of the deceased shall have the right, within three months from the day when property belonging to the estate has been placed under distraint for the enforcement of the sentence, or when said property had been taken into the possession of the state, to bring the matter before the court of first instance that heard the case against the offender, said court to decide whether the enforcement is to lapse due to the manifest unreasonableness of the forfeiture.
(3) The sanction of forfeiture of the financial benefit deriving from an offence, when imposed or enforced on the assets of the estate liable for the forfeiture, shall not exceed the simple amount of the benefit. Chapter 9 Corporate criminal liability (743/1995)
Section 1 Scope of application
(1) A corporation, foundation or other legal entity, in whose operations an offence has been committed, may on the demand of the public prosecutor be sentenced to a corporate fine, if such sanction has been provided in this Code.
(2) The provisions in this chapter do not apply to offences committed in the exercise of public authority. Section 2 Prerequisites for liability
(1) A corporation may be sentenced to a corporate fine, if a person belonging to a statutory body or other management thereof has been an accomplice to an offence or allowed the commission of the offence or if the care and diligence necessary for the prevention of the offence has not been observed.
(2) A corporate fine may be imposed even if the offender cannot be identified or otherwise is not punished. However, no corporate fine shall be imposed for a complainant offence which is not reported by the complainant so as to have charges brought, unless there is a very important public interest in the bringing of charges. Section 3 Connection between offender and corporation
(1) The offence shall be deemed to have been committed in the operations of a corporation, if the offender has acted on the behalf or for the benefit of the corporation, and belongs to its management or is in a service or employment relationship with it or has acted on assignment by a representative of the corporation.
(2) The corporation shall not have the right to compensation from the offender for the corporate fine that it has paid, unless such liability is based on separate provisions on corporations and foundations. Section 4 Grounds for sentencing
When the sentencing of a corporation to a corporate fine is being considered, especially the following shall be duly taken into account:
(1) the nature and extent of the corporate neglect and the participation of the management in the offence, as referred to in section 2(1);
(2) the status of the offender as a member of the organs of the corporation;
(3) the seriousness of the offence committed in the operations of the corporation and the extent of the criminal activity;
(4) the other consequences of the offence to the corporation;
(5) the measures by the corporation to prevent new offences, to prevent or remedy the effects of the offence or to further the investigation of the neglect or offence; and
(6) where a member of the management of the corporation is sentenced to a punishment, the size of the corporation and the share of the corporation held by the offender, as well as the personal liability of the offender for the commitments of the corporation. Section 5 Corporate fine
A corporate fine shall be imposed in full FIM. The corporate fine shall be at least FIM 5 000 and at most FIM 5 000 000. Section 6 Basis for calculation of the corporate fine
(1) The amount of the corporate fine shall be determined in accordance with the nature and extent of the neglect and the participation of the management, as referred to in section 2, and the financial standing of the corporation.
(2) When evaluating the significance of the neglect and the participation of the management, the following shall be duly taken into account: the nature and seriousness of the offence; the status of the offender as a member of the organs of the corporation; whether the violation of the obligations of the corporation manifests heedlessness of the law or the orders of the authorities; as well as the bases for sentencing provided elsewhere in law.
(3) When evaluating the financial standing of the corporation, the following shall be duly taken into account: the size of the corporation; its solvency; as well as the earnings and the other essential indicators of the financial standing of the corporation. Section 7 Prosecutor’s discretion
(1) The public prosecutor may waive the bringing of charges against a corporation, if:
(2) The bringing of charges may be waived also if the offender, in cases referred to in section 4(6), has already been sentenced to a punishment and it is to be anticipated that the corporation for this reason will not be sentenced to a corporate fine.
- (1) the corporate neglect or participation of the management, as referred to in section 2, are of minor significance, or
(2) only minor damage or danger has been caused by the offence committed in the operations of the corporation
(3) and the corporation has voluntarily taken the necessary measures to prevent new offences.
(3) The provisions in sections 15b(1), 15b(3), 15c and 15d of the Decree on the Enforcement of the Penal Code on the waiver of charges apply correspondingly to the decision to waive the bringing of charges against a corporation. In cases referred to in section 15b(3) of that Decree, the prosecutor shall submit, instead of the question of culpability, the question of the existence of grounds for corporate criminal liability to be considered by a court.
Section 8 Joint corporate fine
(1) If a corporation is at the same time to be sentenced for two or more offences, a joint sentence of corporate fine shall be passed in accordance with the provisions in sections 5 and 6.
(2) No joint punishment shall be passed for two offences, one of which was committed after a corporate fine was imposed for the other. If charges are brought against a corporation which has been sentenced to a corporate fine by a final decision, for an offence committed before the said sentence was passed, a joint corporate fine shall also not be imposed, but the prior corporate fine shall be duly taken into account when sentencing to the new punishment. Section 9 Statute of limitations
(1) If the offender shall not be sentenced to a punishment due to the statute of limitations, also the corporation on whose behalf he/she has acted shall not be sentenced to a punishment. However, the minimum statute of limitations as regards corporate fines shall be five years.
(2) The enforcement of a corporate fine shall lapse in five years from the date of the final decision imposing the fine
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