Passive personality jurisdiction

Finland

Finland - Criminal Code 1894 (2021) EN

Chapter 1 (626/1996)
Scope of application of the criminal law of Finland

Section 5 (626/1996)
Offence directed at a Finnish person

Finnish law applies to an offence committed outside of Finland that has been directed at a Finnish citizen, a Finnish corporate entity, a Finnish foundation or another Finnish legal person, or an alien permanently resident in Finland, if a sentence of imprisonment of more than six months may be imposed for the act under Finnish law.

Chapter 1 (626/1996)
Scope of application of the criminal law of Finland

Section 10 (626/1996)
Place of commission

An offence is deemed to have been committed both where the criminal act was committed and where the consequence specified in the statutory definition of the offence occurred. An offence of omission is deemed to have been committed both where the perpetrator should have acted and where the consequence specified in the statutory definition of the offence occurred.

If an offence remains an attempt, it is also deemed to have been committed where the consequence specified in the statutory definition of the offence either probably or in the opinion of the perpetrator would have occurred, if the offence had been completed.

An offence by an inciter and an abettor is deemed to have been committed both where the act of complicity was committed and where the offence by the perpetrator is deemed to have been committed.

If there is no certainty as to the place of commission, but there is justified reason to believe that an offence was committed in the territory of Finland, the offence is deemed to have been committed in Finland.

Chapter 1 (626/1996)
Scope of application of the criminal law of Finland

Section 11 (626/1996)
Requirement of dual criminality

If an offence has been committed in the territory of a foreign state, the application of Finnish law may only be based on sections 5, 6 and 8 if the offence is also punishable under the law of the place of commission and a punishment could also have been imposed for it by a court of that foreign state. In this event, no sanction that is more severe than what is provided by the law of the place of commission shall be imposed for the offence in Finland.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.