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(1) A subordinate soldier shall be sentenced to punishment for an act that he/she has committed in accordance with the order of a superior officer only if he/she has clearly understood that by obeying the order he/she would be breaking the law or his/her duty or service. If, however, the act has occurred under circumstances in which the subordinate could not have disobeyed the order, he/she may be left unpunished.
(2) A person shall not be punished for disobeying an order if obeying said order would have resulted in an act that is clearly in violation of duty or service or otherwise clearly in violation of the law. Section 11 (577/1973)


If a sentence of fixed-term imprisonment is passed for an act for which the offender has been deprived of his/her liberty for a continuous period of at least one day, the court shall deduct a period corresponding to this deprivation of liberty from the punishment, or deem this deprivation of liberty as service of the full punishment. The same shall be done when the deprivation of liberty was due to the defendant having been taken into custody because of charges or a criminal investigation relating to the same matter or because of a court order to the effect that the defendant was to be brought before the court. If the sentence involves a fine or dismissal, the deprivation of liberty shall be taken into consideration in a reasonable amount as reduction or as complete service of the punishment; however, the amount is to be at least as long as the deprivation of liberty. Chapter 4 Attempt

Section 1


(1) When, by law, an attempt is punishable, and no specific punishment is provided for it, the sentence shall be passed according to the penalty provision for a completed offence; however, this punishment shall be reduced as provided in chapter 3, section 2 for offenders over fifteen but not yet eighteen years old.
(2) The provisions on dismissal and other sanctions for the completed offence shall also be used in punishing for an attempt. (2/1969) Section 2


(1) If the offender, on his/her own free will and not owing to external hindrances, has withdrawn from the completion of the offence, or prevented the consequence of the offence which makes the offence completed, the attempt shall not be punishable.
(2) If such an attempt involves an act which in itself is a separate offence, a sentence shall be passed for this offence. Section 3


(1) The preparation of an offence shall be punishable only where it is specifically so provided.
(2) The provisions in section 2 on attempt apply to punishable preparation. Chapter 5 Participation

Section 1


If two or more persons have committed an offence together, each shall be punished as an offender. Section 2


A person who orders, employs, harasses or otherwise intentionally induces or entices another person into an offence shall be punished, if the offence is completed, or constitutes a punishable attempt, for incitement as if he/she himself was the offender. Section 3


(1) When another person is committing an offence, a person who intentionally furthers the act through advice, action or exhortation, shall be sentenced for complicity in the offence should the offence be completed. If this offence remains an attempt, and an attempt and the completion of the offence are similarly punishable, the said person shall also be punished for complicity in the offence. In both of these cases the said person shall be sentenced according to the provision that would have been used if he/she himself was the offender; however, a general punishment shall be reduced as provided in chapter 3, section 2 for offenders over fifteen but not yet eighteen years of age. If the offence remained an attempt punishable under chapter 4, section 1, the accomplice shall be sentenced to at most half of the punishment he/she could have received had the offender completed the offence.
(2) In punishing the accomplice, the provisions on dismissal as well as the other sanctions for the offence shall apply.
(3) Incitement to punishable complicity shall be punishable as complicity.
(4) What is provided in this section on complicity shall not apply in relation to offences referred to in chapters 42, 43 and 44, or to comparable offences. Section 4


Where a special circumstance vindicates an act or mitigates or aggravates this, it shall apply only to the offender, inciter or accomplice who is under the said circumstance. Section 5


The above provisions on punishing an accomplice do not apply if otherwise provided in this Code. Chapter 6 Sentencing (466/1976)

Section 1


(1) In sentencing, all the relevant grounds for increasing and reducing the punishment and the uniformity of sentencing practice shall be taken into consideration. The sentence shall be passed so that it is in just proportion to the damage and danger caused by the offence and to the culpability of the offender manifest in the offence.
(2) In addition to the relevant circumstances referred to elsewhere in law, the grounds referred to in sections 2 and 3 of this chapter shall be grounds for increasing or reducing punishment. Section 2


The following shall be grounds for increasing the punishment:
(1) the degree to which the criminal activity was planned;
(2) the commission of the offence as a member of a group organised for serious offences;
(3) the commission of the offence for remuneration; and
(4) the criminal history of the offender, if the relation between it and the new offence on the basis of the similarity between the offences or otherwise shows that the offender is apparently heedless of the prohibitions and commands of the law. Section 3


The following shall be grounds for reducing the punishment:
(1) significant pressure, threat or similar influence affecting the commission of the offence;
(2) strong human sympathy leading to the offence or exceptional and sudden temptation or a similar factor which has been conducive to lowering the capability of the offender to obey the law; and
(3) the voluntary attempt of the offender to prevent or remove the effects of the offence or to further the clearing up of his/her offence. Section 4

If the offence or the resulting judgment has caused to the offender another consequence which, together with the sentence passed on the basis of the application of the grounds mentioned above in this chapter, would lead to a result that is unreasonable in comparison with the nature of the offence, such a situation is to be taken into consideration as is reasonable when passing the sentence
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