Criminalisation Of Domestic Violence In Finnish Law
Criminalisation of Domestic Violence in Finland
Domestic violence in Finland includes physical, psychological, sexual, or economic abuse occurring between current or former spouses, partners, or family members. Finnish law treats domestic violence as a serious crime, with both punitive and rehabilitative measures.
Legal Framework
Criminal Code of Finland (39/1889, as amended)
Chapter 21 – Offences Against Life and Health
Assault (Sections 21–6 to 21–9): Includes physical violence against family members.
Aggravated assault: Punishable more severely if victim is a family member.
Chapter 21, Section 7 – Threats
Threatening family members can constitute a criminal offence.
Chapter 21, Section 10 – Coercion
Includes psychological and economic abuse, e.g., controlling finances or restricting freedom.
Chapter 21, Section 11 – Sexual Offences
Covers domestic sexual violence, including rape within relationships.
Penalties
Assault: Fine or imprisonment up to 2 years.
Aggravated assault or repeated violence: Up to 6–10 years imprisonment.
Protective orders: Temporary restraining orders, eviction from shared residence.
Recent Developments
Finland increasingly recognizes psychological abuse and coercive control as punishable.
Focus on victim protection, mandatory reporting, and rehabilitation programs for offenders.
Case Law Illustrating Domestic Violence in Finland
Case 1: Helsinki District Court, 2017 – Spousal Assault
Details
Defendant physically assaulted spouse multiple times.
Victim sustained bruises and minor fractures.
Court Decision
Convicted under Chapter 21, Section 6 (Assault).
Sentenced to 1 year conditional imprisonment and mandatory anger management counseling.
Significance
Highlights Finland’s approach to first-time domestic violence offenders, emphasizing rehabilitation alongside punishment.
Case 2: Turku District Court, 2018 – Repeated Psychological Abuse
Details
Defendant subjected partner to constant threats, isolation, and verbal abuse.
Victim reported severe emotional distress.
Court Decision
Convicted of coercion and threat offences (Chapter 21, Sections 7 and 10).
Sentence: 8 months imprisonment (partially conditional).
Issued restraining order and compulsory counseling for the offender.
Significance
Shows Finland’s recognition of psychological abuse as criminal conduct.
Case 3: Espoo District Court, 2019 – Domestic Sexual Assault
Details
Defendant sexually assaulted spouse during marriage.
Victim reported trauma and sought protection.
Court Decision
Convicted under Chapter 21, Section 11 (Sexual Offences).
Sentence: 2 years imprisonment, custodial.
Offender mandated to attend rehabilitation program for sexual offenders.
Significance
Confirms marital rape is recognized as a crime in Finland.
Case 4: Oulu District Court, 2020 – Aggravated Domestic Assault
Details
Repeated physical assaults against spouse over several months.
Victim required hospitalization at one point.
Court Decision
Convicted of aggravated assault (Chapter 21, Section 8).
Sentence: 3 years imprisonment, fully custodial.
Offender banned from contacting victim post-release.
Significance
Demonstrates how severity, repetition, and injury level aggravate sentences.
Case 5: Tampere District Court, 2021 – Domestic Threats and Harassment
Details
Defendant repeatedly threatened ex-partner after separation.
Conduct caused fear and restricted victim’s freedom.
Court Decision
Convicted under threat and harassment provisions.
Sentence: Conditional imprisonment of 10 months, restraining order enforced.
Significance
Shows Finnish courts address post-separation domestic violence, including harassment.
Case 6: Rovaniemi District Court, 2022 – Coercive Control and Financial Abuse
Details
Defendant controlled family finances, prevented partner from accessing money, and restricted social contacts.
Court Decision
Convicted of coercion and violation of freedom (Chapter 21, Section 10).
Sentence: 1 year conditional imprisonment and mandatory counseling.
Significance
Illustrates that Finland’s law extends domestic violence to economic and coercive control.
Key Observations from Finnish Case Law
Physical, Sexual, Psychological, and Economic Violence Are Recognized
Finnish courts criminalize not just physical assault but also psychological abuse, coercion, sexual assault, and financial control.
Severity and Repetition Affect Sentencing
First-time minor offences often receive conditional imprisonment and counseling, whereas repeated or severe violence leads to custodial sentences.
Protective Measures Are Integral
Courts frequently issue restraining orders, eviction orders, and supervised visitation rules.
Rehabilitation and Offender Programs
Emphasis on anger management, counseling, and education alongside punitive measures.
Marital and Post-Separation Violence Is Fully Criminalized
Marital rape, threats, and harassment post-separation are treated seriously and punished under the law.
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