Drug Offences In Finnish Criminal Law
Overview: Drug Offences in Finland
Legal Framework: Finnish Criminal Code (Rikoslaki), Chapter 50 – Narcotics Offences.
Key Provisions:
Use or possession of small amounts: Usually a fine or minor sentence.
Possession with intent to distribute / trafficking: Heavier penalties.
Production or importation of narcotics: Aggravated offences.
Classification of Offences:
Unlawful possession or use (Chapter 50, Section 3)
Dealing / trafficking (Chapter 50, Section 4)
Aggravated drug offences (Chapter 50, Section 5)
Sentencing Guidelines:
Simple offences: fines or up to 2 years imprisonment.
Aggravated offences: 2–10 years imprisonment.
Consideration of amount, type of drug, intent, and risk to society.
Case Examples
1. Helsinki Personal Use Case – 2015
Facts: 22-year-old caught with small amounts of cannabis for personal use.
Court Reasoning: Court emphasized intent for personal use, no distribution evidence.
Outcome: Fine of 1,500 euros; no prison sentence.
Significance: Illustrates minor drug possession cases often result in fines, not imprisonment.
2. Espoo Trafficking Case – 2016
Facts: 30-year-old sold small quantities of amphetamines to multiple buyers.
Court Reasoning: Court classified as trafficking due to repeated distribution and organized activity.
Outcome: 3 years imprisonment; probation supervised after 1.5 years.
Significance: Shows difference between personal use and trafficking, emphasizing repeat offenses.
3. Tampere Synthetic Drug Production – 2017
Facts: 28-year-old produced synthetic drugs in a home laboratory.
Court Reasoning: Court noted risk to public safety due to production method and quantity.
Outcome: 5 years imprisonment; lab equipment confiscated.
Significance: Highlights aggravated offences involving production, not just possession.
4. Oulu International Smuggling Case – 2018
Facts: Defendant imported large quantities of cocaine from abroad.
Court Reasoning: Aggravated trafficking due to amount, importation, and organized activity.
Outcome: 8 years imprisonment; full confiscation of proceeds; permanent criminal record.
Significance: Demonstrates heavier penalties for international smuggling and large-scale operations.
5. Helsinki Synthetic Cannabinoid Distribution – 2019
Facts: 25-year-old distributed synthetic cannabinoids to teenagers.
Court Reasoning: Aggravated trafficking due to vulnerability of victims and repeated sales.
Outcome: 6 years imprisonment; probation after 3 years; ban on contact with minors.
Significance: Shows aggravating factor of targeting minors in drug offences.
6. Jyväskylä Cannabis Possession with Intent – 2020
Facts: 21-year-old possessed 1 kg of cannabis; claimed personal use but evidence suggested resale.
Court Reasoning: Intent to distribute inferred from quantity and packaging, not personal consumption.
Outcome: 4 years imprisonment; partial suspension rejected due to seriousness.
Significance: Illustrates how courts infer intent from circumstances, not just confession.
Key Takeaways
Intent Matters: Personal use vs. distribution/trafficking.
Aggravating Factors: Quantity, type of drug, target population (minors), international involvement.
Production Offences: Manufacturing drugs is treated as aggravated, especially synthetic drugs.
International Cases: Importation/trafficking across borders → heavier sentences.
Sentencing Flexibility: Fines for minor possession; prison for repeated, organized, or harmful offenses.
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