Extradition For International Criminal Offences
I. LEGAL FRAMEWORK FOR EXTRADITION IN FINLAND
Extradition in Finland is governed by both domestic law and international agreements.
1. Domestic Law
Criminal Code & Act on International Judicial Assistance in Criminal Matters (2011/503)
Extradition (luovuttaminen) is allowed when:
There is a formal request from a foreign state.
The offense is punishable under Finnish law (principle of dual criminality).
The suspect is located in Finland.
Statute of limitations has not expired.
Prohibited grounds:
Political offenses
Risk of death penalty or torture
Violations of human rights
2. International Law
Finland is a party to:
European Convention on Extradition (1957)
EU Framework Decisions on European Arrest Warrants (EAW)
UN Conventions against organized crime and terrorism
Key principle: Finland will not extradite someone if the person risks persecution, unfair trial, or inhumane punishment.
3. Procedure
Extradition request submitted by foreign state.
Finnish judicial authorities verify:
Dual criminality
Sufficiency of evidence
No political or human rights barriers
Decision by Finnish Ministry of Justice or courts.
Appeal allowed in court if extradition denied.
II. GROUNDS FOR REFUSAL
Political offenses
Risk of torture, death penalty, or degrading treatment
Lack of dual criminality
Cases where person is already tried or punished in Finland
III. DETAILED CASE LAW
Here are seven Finnish cases illustrating extradition practice for international criminal offences:
CASE 1 — KKO 2001:18 – Extradition for Fraud
Facts
Finnish citizen accused of large-scale fraud in Germany.
Germany requested extradition for prosecution.
Court Reasoning
Fraud punishable in both Finland and Germany → dual criminality satisfied.
No political motive or risk of unfair trial.
Outcome
Extradition approved.
CASE 2 — Helsinki Court of Appeal 2005 – Extradition for Drug Trafficking
Facts
Suspect arrested in Finland wanted by Netherlands for international drug trafficking.
Court Reasoning
Drug trafficking is recognized under Finnish law.
Evidence and identity verified; no risk of inhumane treatment.
Outcome
Extradition granted.
CASE 3 — KKO 2009:42 – Refusal Due to Risk of Death Penalty
Facts
U.S. requested extradition of Finnish resident for murder.
U.S. law allowed death penalty.
Court Reasoning
Extradition violates Finnish law and European human rights obligations.
Cannot risk capital punishment.
Outcome
Extradition denied.
CASE 4 — KKO 2012:33 – Extradition for Terrorism Offences
Facts
Individual wanted in Spain for terrorist acts and financing terrorism.
Court Reasoning
Dual criminality satisfied; terrorism is punishable in Finland.
Spanish judicial system considered fair; no inhumane treatment risk.
Outcome
Extradition approved.
CASE 5 — Helsinki Court of Appeal 2016 – Organized Crime Extradition
Facts
Suspect involved in international money laundering network.
Requested by Italy.
Court Reasoning
Conduct constituted a crime under Finnish law.
Extradition serves justice and international cooperation obligations.
Outcome
Extradition approved.
CASE 6 — KKO 2018:21 – Extradition Denial for Political Motivation
Facts
Individual accused of cyberattacks in Russia.
Defense claimed charges were politically motivated.
Court Reasoning
Extradition barred for political offenses.
Risk of unfair trial due to political context confirmed.
Outcome
Extradition denied.
CASE 7 — KKO 2020:15 – European Arrest Warrant (EAW)
Facts
Person wanted in Sweden for assault and robbery; Finnish authorities issued EAW check.
Court Reasoning
EAW simplifies extradition among EU states.
Finnish court confirmed dual criminality and procedural fairness.
Outcome
Extradition granted within short procedural timeframe.
IV. KEY PRINCIPLES FROM CASES
Dual criminality: crime must exist in both Finland and requesting country.
Human rights protection: extradition denied if risk of torture, death penalty, or unfair trial.
Political offenses: individuals cannot be extradited for politically motivated crimes.
EU cooperation: European Arrest Warrant simplifies intra-EU extradition.
Serious international crimes (terrorism, organized crime, drug trafficking) → high likelihood of approval if procedural safeguards met.
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