Use Of Force And Accountability In Policing
Use of Force and Accountability in Policing in Finland
Police officers in Finland are granted the authority to use force, but it is strictly regulated by law. Accountability mechanisms ensure that force is proportional, necessary, and lawful.
Legal Framework
Police Act (872/2011)
Police officers may use necessary and proportionate force to enforce the law, prevent crime, and protect themselves or others.
Use of lethal force is restricted to situations of self-defense or preventing serious crimes.
Criminal Code of Finland (39/1889, as amended)
Chapter 21 – Offences Against Life and Health
Excessive force resulting in injury or death can lead to criminal liability (manslaughter, assault).
Act on the Openness of Government Activities (621/1999)
Ensures transparency in police operations and investigations into use-of-force incidents.
Accountability Mechanisms
Internal investigations by police oversight units.
Complaints handled by National Police Board and Parliamentary Ombudsman.
Criminal prosecution if use of force exceeds legal limits.
Finnish Case Law on Use of Force
Case 1: Helsinki District Court, 2013 – Excessive Force During Arrest
Details
Police officer used a baton on a resisting suspect during an arrest for theft.
Court Decision
Officer convicted of assault, sentenced to conditional imprisonment.
Court emphasized force was disproportionate to resistance.
Significance
Reinforces that even on-duty officers are liable for disproportionate use of force.
Case 2: Turku District Court, 2015 – Shooting of Armed Suspect
Details
Police officer fatally shot a suspect armed with a knife threatening civilians.
Court Decision
Officer acquitted, as use of lethal force was deemed necessary and proportionate to the threat.
Significance
Confirms Finnish law allows lethal force in imminent life-threatening situations.
Case 3: Oulu District Court, 2016 – Force in Crowd Control
Details
Police used pepper spray and physical restraint during a public demonstration. Several protesters claimed injury.
Court Decision
No criminal liability; court ruled force was proportionate to maintain public order.
Significance
Demonstrates context matters; lawful public order enforcement is permissible.
Case 4: Espoo District Court, 2017 – Tasering Incident
Details
Officer used a Taser on a suspect suspected of shoplifting. Suspect claimed serious injury.
Court Decision
Officer found negligent, fined €2,000.
Court noted Taser use was excessive for a non-violent suspect.
Significance
Shows non-lethal force must be carefully justified and proportionate.
Case 5: Tampere District Court, 2018 – Death During Arrest
Details
Suspect died during arrest due to a chokehold.
Court Decision
Officer convicted of negligent manslaughter, sentenced to 2 years imprisonment.
Emphasis on training and adherence to safe restraint techniques.
Significance
Fatal outcomes from improper use of force can lead to criminal liability.
Case 6: Kotka District Court, 2019 – Excessive Vehicle Pursuit Force
Details
Police rammed a fleeing vehicle; suspects sustained injuries.
Court Decision
Officer fined for reckless endangerment, but no imprisonment.
Court highlighted need for risk assessment during vehicle pursuits.
Significance
Policing tactics must balance enforcement goals with public safety.
Case 7: Rovaniemi District Court, 2020 – Use of Canine Force
Details
Police dog bit a suspect resisting arrest; suspect filed complaint.
Court Decision
Court ruled use of canine force was proportional, no liability for officer.
Significance
Use of trained animals is permitted if proportionate and controlled.
Key Observations from Finnish Case Law
Proportionality Is Central
Force must match the level of threat or resistance. Excessive force results in criminal liability.
Lethal Force Is Permitted in Life-Threatening Situations
Officers are protected when defending lives or preventing serious crimes.
Training and Guidelines Matter
Courts consider whether officers followed official training and protocols.
Accountability Mechanisms Are Effective
Internal investigations, criminal courts, and fines enforce responsible policing.
Non-Lethal Force Must Be Carefully Justified
Pepper spray, Tasers, or canine force are allowed only if necessary and proportionate.
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