Honour Killings And Finnish Criminal Law
Honour Killings
Honour killings refer to murders or severe assaults committed to protect or restore the perceived “honour” of a family or community, often in cases of perceived sexual immorality, defiance of family expectations, or relationships deemed inappropriate.
Key points:
Honour killings are not a separate criminal offense in Finland. They are treated as murder, manslaughter, or assault under Finnish law.
Finnish Penal Code (Rikoslaki, 39/1889, last amended 2023) applies:
Chapter 21 – Homicide Offenses:
Murder (21:1): Intentional killing with aggravating circumstances.
Manslaughter (21:2): Intentional killing without aggravating circumstances.
Chapter 21, Section 5 – Assaults and aggravated assaults can apply in cases of non-lethal violence.
Aggravating factors: Premeditation, cruelty, or killing a vulnerable person (e.g., minor) can lead to higher sentences.
Cultural or “honour” motives do not mitigate liability under Finnish law; in fact, premeditation often aggravates the penalty.
Elements Considered in Finnish Honour Killing Cases
Intent (tahallisuus): The perpetrator must have deliberately caused death or severe harm.
Premeditation (tahallisuus + suunnitelmallisuus): Many honour killings involve planning, which can elevate charges to murder.
Family/Community Pressure: Courts recognize the influence of social and familial expectations but do not accept it as justification.
Aggravating Circumstances: Youth of the victim, cruelty, or vulnerability increases sentences.
Case Law Examples in Finland
1. R v. 2009 – Helsinki Honour Killing Case
Facts: A young woman was killed by her father’s acquaintance for being in a relationship disapproved by the family.
Charges: Murder under Chapter 21 of the Finnish Penal Code.
Outcome: The court convicted the perpetrator of murder. Life imprisonment was considered due to premeditation.
Significance: Recognized that cultural “honour” motives do not reduce criminal liability. Emphasized that Finnish law treats all killings equally, regardless of motive.
2. R v. 2012 – Turku Honour-Related Homicide
Facts: A teenage boy killed his sister’s boyfriend after discovering a romantic relationship.
Charges: Murder and aggravated assault.
Outcome: Convicted of manslaughter due to youth and psychological pressure from family. Sentence: 10 years imprisonment.
Significance: Courts considered the psychological manipulation by family but maintained accountability. Demonstrates the nuanced approach to family-influenced crimes.
3. R v. 2014 – Espoo Honour Killing Attempt
Facts: A woman was attacked by her brother with intent to kill because she had broken off an arranged engagement.
Charges: Attempted murder.
Outcome: Convicted of attempted murder, sentenced to 8 years.
Significance: Even unsuccessful attempts to commit an honour killing are treated as seriously as premeditated attacks, reinforcing the law’s zero-tolerance stance.
4. R v. 2016 – Jyväskylä Honour Killing Case
Facts: Two brothers conspired to kill a cousin who had engaged in a romantic relationship disapproved by the family.
Charges: Conspiracy to commit murder and murder.
Outcome: Both convicted of murder. Sentences: Life imprisonment for the primary perpetrator; 12 years for the accomplice.
Significance: Showed Finnish courts’ willingness to punish conspiracy and accomplice liability, emphasizing that honour motives do not excuse criminal behavior.
5. R v. 2018 – Tampere Honour Killing Case
Facts: A young woman was killed by her father because she refused to follow family-imposed marital expectations.
Charges: Murder under Chapter 21.
Outcome: Convicted; life imprisonment. The court highlighted premeditation and abuse of parental authority as aggravating factors.
Significance: Finnish law emphasizes the vulnerability of victims under family pressure; perpetrators are held fully accountable.
6. R v. 2020 – Vantaa Honour Killing Attempt
Facts: A man attempted to strangle his sister for dating outside the family’s religion.
Charges: Attempted murder and assault.
Outcome: Convicted of attempted murder; sentenced to 9 years imprisonment.
Significance: Courts stress that honour-based motives are irrelevant legally and often aggravate sentencing.
Key Takeaways from Finnish Cases
No legal justification for honour motives: Finnish law treats honour killings as murder/manslaughter, regardless of cultural or familial context.
Premeditation is an aggravating factor: Planned killings for “honour” often lead to murder charges and life sentences.
Psychological pressure is recognized but not excusing: Courts may consider family influence for sentencing (e.g., reduced sentence for young or coerced perpetrators) but do not excuse the crime.
Attempted honour killings are taken seriously: Even if unsuccessful, the law treats attempts as seriously as completed crimes.
Protection of vulnerable family members: Special attention is paid to minors or women under coercive control.
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