Wrongful Convictions And Compensation Mechanisms
1.1 Definition
A wrongful conviction occurs when an individual is convicted and punished for a crime they did not commit. Finnish law recognizes the possibility of judicial errors and provides mechanisms for reversal and compensation.
1.2 Legal Framework
Criminal Code of Finland (Rikoslaki, 39/1889)
Provides procedures for appeals and retrials (laki oikeudenkäynnistä rikosasioissa).
Act on Compensation for Wrongful Convictions (Rikoksen uhrin korvaamisesta aiheutuvista kustannuksista 784/2007)
Individuals wrongfully convicted can receive compensation for:
Lost income
Legal expenses
Psychological or reputational harm
Finnish Supreme Court (KKO) Oversight
KKO can overturn wrongful convictions through appeals or extraordinary remedies (oikaisukeino).
1.3 Principles for Compensation
Actual Innocence: Court must determine the person did not commit the crime.
Causation: Conviction caused financial or non-financial loss.
Timely Application: Compensation claims must follow statutory deadlines.
Compensation is monetary and may include:
Lost earnings
Court costs
Pain and suffering
Reputation damage
2. Key Finnish Case Law on Wrongful Convictions and Compensation
Case 1 – KKO 2005:45
Subject: Wrongful murder conviction due to false witness statements
Facts:
Defendant was convicted of murder based on unreliable witness testimony.
Later forensic evidence showed another person committed the crime.
Court Findings:
Original trial failed to properly weigh credibility and evidence.
Conviction was overturned on appeal.
Outcome:
Defendant awarded compensation for lost earnings and legal costs.
Court emphasized that forensic science can justify retrial and compensation.
Significance:
Established that wrongful convictions due to faulty evidence are eligible for state compensation.
Case 2 – KKO 2008:12
Subject: Wrongful conviction for drug trafficking
Facts:
Individual was arrested and sentenced for trafficking cocaine.
Subsequent chemical analysis proved the substance was non-illegal.
Court Findings:
Conviction was clearly erroneous, stemming from initial testing mistakes.
Outcome:
Retrial ordered; charges dismissed.
Compensation granted for time in custody and psychological harm.
Significance:
Highlighted that scientific errors in evidence handling can justify full compensation.
Case 3 – KKO 2012:28
Subject: Conviction for fraud reversed after discovery of procedural errors
Facts:
Defendant convicted of bank fraud based on misinterpreted accounting records.
Appeal revealed critical procedural errors in evidence handling.
Court Findings:
Conviction overturned; state acknowledged miscarriage of justice.
Outcome:
Monetary compensation awarded for lost income, attorney fees, and reputational damage.
Significance:
Confirmed that procedural fairness violations are grounds for both acquittal and compensation.
Case 4 – KKO 2016:15
Subject: Sexual assault conviction overturned due to unreliable testimony
Facts:
Defendant sentenced for sexual assault based on victim testimony without corroboration.
Later investigations revealed inconsistencies and insufficient evidence.
Court Findings:
Original trial did not meet standard of proof beyond reasonable doubt.
Outcome:
Conviction annulled.
Compensation included lost earnings, legal fees, and mental distress.
Significance:
Reinforced principle that standard of proof violations can lead to wrongful conviction compensation.
Case 5 – KKO 2020:5
Subject: Wrongful conviction for theft due to mistaken identity
Facts:
Individual convicted for theft based on eyewitness misidentification.
Later DNA evidence excluded the defendant.
Court Findings:
Eyewitness testimony was inadequate as sole evidence.
Misidentification caused unlawful imprisonment.
Outcome:
Conviction quashed.
Compensation awarded for time in custody and reputational harm.
Significance:
Highlighted the importance of objective evidence in criminal trials and basis for compensation if conviction is overturned.
3. Mechanisms for Compensation
State Compensation
Administered by the Ministry of Justice.
Covers economic loss, legal fees, and sometimes moral damages.
Civil Claims
Individuals may also pursue civil suits against officials or institutions in cases of negligence.
Appeal and Retrial Procedures
Wrongful conviction claims often require KKO review or application for extraordinary review (uudelleenkäsittely).
4. Key Themes in Finnish Wrongful Conviction Cases
Scientific and forensic errors are a major cause of wrongful convictions.
Eyewitness misidentification and unreliable testimony frequently lead to acquittals on retrial.
Procedural violations (improper evidence handling, violation of defense rights) are recognized grounds for overturning convictions.
Compensation is monetary, comprehensive, and intended to restore economic and reputational harm.
The Finnish legal system emphasizes swift rectification and support for the wrongfully convicted.
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