Offences against administration of justice

Finland

Finland - Criminal Code 1894 (2015) EN

Chapter 15 - Offences against the administration of justice

Section 1 - False statement in court

(1) If,

(1) a witness or an expert witness in court,
(2) a party to a matter in court, when heard under affirmation, or
(3) another person in court, under oath or affirmation,
makes a false statement in the matter or without lawful cause conceals a pertinent circumstance, that person shall be sentenced for a false statement in court to imprisonment for at most three years.

(2) What is provided above in subsection 1 applies also when a person is heard in the main hearing by video conference, telephone or another technical means of communication referred to in chapter 17, section 34a of the Code of Judicial Procedure, without he or she being present in person. (361/2003)

Section 2 - False statement in official proceedings

(1) If

(1) a person under oath or affirmation in official proceedings comparable to a trial,
(2) a person other than the suspect, when being questioned in person in criminal investigations, or
(3) a person other than one referred to in chapter 6, section 2, subsection 2 of the Police Act (872/2011) , when being questioned in a police inquiry or in comparable official proceedings, (815/2011)
makes a false statement in the matter or without lawful cause conceals a pertinent circumstance, said person shall be sentenced for a false statement in official proceedings to a fine or to imprisonment for at most two years.

Section 3 - Aggravated false statement in court

If, in a false statement referred to in section 1,

(1) serious danger arises of the court sentencing an innocent person to imprisonment or to another severe penalty, or a person to a significantly more severe penalty than what would otherwise be the case, or that the court is very likely otherwise to make a wrong decision causing very considerable damage to a party,
(2) the falsehood or the concealment pertains to an especially important circumstance, or
(3) the offence is committed in an especially methodical manner,
and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for an aggravated false statement in court to imprisonment for at least four months and at most six years.

Section 4 - Negligent false statement

A person who

(1) as a witness or expert witness in court, or
(2) under a party’s affirmation, oath or affirmation in court or in official proceedings comparable to a trial,
negligently makes a false statement or conceals a pertinent circumstance, shall be sentenced for a negligent false statement to a fine or to imprisonment for at most six months.

Section 5 - Attempted incitement to a false statement

A person who attempts to incite another person to commit an offence referred to in sections 1 - 3 shall be sentenced for attempted incitement to a false statement to a fine or to imprisonment for at most one year.

Section 6 - False denunciation

A person who makes a false statement to an authority carrying out a criminal investigation, another authority or a court, thereby causing danger that the denounced person is wrongly arrested, remanded or subjected to other coercive measures, or that charge are wrongly brought against him or her, or that he or she is wrongly sentenced to a punishment or other penal sanction, shall be sentenced for a false denunciation to a fine or to imprisonment for at most three years.

Section 7 - Falsification of evidence

(1) A person, who for the purpose of having an innocent person sentenced or otherwise to cause damage to another person, conceals, destroys, defaces, alters or otherwise falsifies an object, document or other item necessary as evidence before a court or in criminal investigations and that he knows to be of significance in the matter, shall be sentenced for falsification of evidence to a fine or to imprisonment for at most two years.

(2) A sentence for falsification of evidence shall be imposed also on a person who, for a purpose referred to in subsection 1, submits a piece of evidence that he or she knows to be false or falsified to be used as evidence in court or in criminal investigations, or himself or herself uses it in a misleading manner.

Section 8 - Aggravated falsification of evidence

If, in the falsification of evidence,

(1) serious danger arises of an innocent person being sentenced to imprisonment or to another severe penal sanction,
(2) the offence pertains to particularly important evidence, or
(3) the offence is committed in a particularly methodical manner,
and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for aggravated falsification of evidence to imprisonment for at least four months and at most six years.

Section 9 - Threatening a person to be heard in the administration of justice

A person who unlawfully

(1) by violence or threats prevents or attempts to prevent another person from making a statement as a witness, expert witness, other person to be heard or a party in a trial, criminal investigation, police inquiry or other comparable official proceedings, or influences or attempts to influence the contents of the statement, or
(2) employs violence or threats violence against another person or a person related to him or her in the manner referred to in section 10, subsection
2 because of a statement made by him or her in the hearing referred to above,
shall be sentenced, unless a more severe penalty for the act has been provided elsewhere in the law, for threatening a person to be heard in the administration of justice to a fine or to imprisonment for at most three years.

Section 10 - Failure to report a serious offence

(1) A person who knows of imminent genocide, preparation of genocide, crime against humanity, aggravated crime against humanity, war crime, aggravated war crime, torture, breach of the prohibition of chemical weapons, breach of the prohibition of biological weapons, compromising of the sovereignty of Finland, treason, aggravated treason, espionage, aggravated espionage, high treason, aggravated high treason, rape, aggravated rape, aggravated sexual abuse of a child, murder, manslaughter, killing, aggravated assault, robbery, aggravated robbery, trafficking in persons, aggravated trafficking in persons, hostage taking, aggravated criminal mischief, aggravated endangerment of health, nuclear device offence, hijacking, an offence committed with terrorist intent referred to in chapter 34a, section 1, subsection 1(3), aggravated impairment of the environment or aggravated narcotics offence, and fails to report it to the authorities or the endangered person when there still is time to prevent the offence, shall be sentenced, if the offence or a punishable attempt thereof is committed, for a failure to report a serious offence to a fine or to imprisonment for at most six months. (990/2009)

(2) However, a person shall not be sentenced for a failure to report a serious offence, if, in order to prevent the offence, he or she would have had to denounce a spouse, a sibling, a direct ascendant or descendant, a person living in the same household or a person who is close owing to another comparable personal relationship.

Section 11 - Harbouring an offender

(1) A person who, after becoming aware of an offence, by furthering the escape of the offender or by destroying evidence prevents or attempts to prevent the offender from being brought to justice, shall be sentenced for harbouring an offender to a fine or to imprisonment for at most one year.

(2) The provision in subsection 1 does not apply to a participant in the offence nor to a person whose relationship with the offender is referred to in section 10, subsection 2, nor to offences for which the most severe penalty provided does not exceed imprisonment for six months.

Section 12 - False statement abroad

For purposes of application of the provisions on false statement, “court” also refers to the International Court of Justice established by the Charter of the United Nations and other tribunals set up by that organisation, a court of Iceland, Norway, a member state of the European Communities and the European Union, as well as a court in another foreign country, when extending legal assistance to a Finnish court.

Section 12(a) – Offences against administration of justice by the International Criminal Court

In the application of the provisions on false statement, false denunciation, falsification of evidence and threatening a person to be heard in the administration of justice, “court” refers also to the International Criminal Court, and “criminal investigation” refers also to an investigation referred to in the Rome Charter of the International Criminal Court.

Section 13 - Restrictive provision

The provisions on false statement do not apply if

(1) the person making the statement corrects it or reveals the concealed circumstance before the hearing or questioning is concluded, or
(2) it is impossible to keep to the truth without the danger that the person heard himself or herself becoming liable for an offence or a comparable unlawful act.

Chapter 16 - Offences against the public authorities

Section 1 - Violent resistance to a public official

(1) A person who

(1) employs or threatens violence so as to force a public official to perform or to refrain from performing an official act involving the exercise of public authority,
(2) otherwise employs or threatens violence against the public official because of the official act being carried out, or
(3) employs violence against a public official or a related person, as referred to in chapter 15, section 10, subsection 2, in revenge for the official act,
shall be sentenced for violent resistance to a public official to imprisonment for at least four months and at most four years.

(2) Also a person who behaves in the manner referred to in subsection 1 towards a person who, at the request or with the consent of a public official, assists the public official in an official duty involving the exercise of public authority shall be sentenced for violent resistance to a public official. (604/2002)

Section 2 - Resistance to a public official

If the violent resistance to a public official, taking into account the minor significance of the violence or threat or the other circumstances of the offence, is to be deemed committed under mitigating circumstances, when assessed as a whole, the offender shall be sentenced for resistance to a public official to a fine or to imprisonment for at most six months.

Section 3 - Obstruction of a public official

(1) A person who, without employing or threatening violence, prevents or attempts to prevent an official act, as referred to in section 1, or make it more difficult to carry out, shall be sentenced for obstruction of a public official to a fine.

(2) Also a person who behaves in the manner referred to in subsection 1 towards a person who, at the request or with the consent of a public official, assists the public official in an official duty involving the exercise of public authority shall be sentenced for obstruction of a public official. (604/2002)

Chapter 16 - Offences against the public authorities

Section 13 – Giving of bribes

(1) A person who promises, offers or gives to a public official in exchange for his or her actions in service a gift or other benefit intended for him or her or for another, that influences or is intended to influence or is conducive to influencing the actions in service of the public official, shall be sentenced for the giving of bribes to a fine or to imprisonment for at most two years.

(2) Also a person who, in exchange for the actions in service of a public official, promises, offers or gives the gift or benefit referred to in subsection 1 shall be sentenced for bribery.

Section 14 - Aggravated giving of bribes

If in the giving of bribes

(1) the gift or benefit is intended to make the person act in service contrary to his or her duties with the result of considerable benefit to the briber or to another person or of considerable loss or detriment to another person, or
(2) the value of the gift or benefit is considerable
and the bribery is aggravated also when assessed as whole, the offender shall be sentenced for aggravated giving of bribes to imprisonment for at least four months and at most four years.

Chapter 40 - Offences in office

Section 1 – Acceptance of a bribe

(1) If a public official, for his or her actions while in service, for himself or herself or for another,

(1) asks for a gift or other unlawful benefit or otherwise takes an initiative in order to receive such a benefit,
(2) accepts a gift or other benefit which influences, which is intended to influence or which is conducive to influencing him or her in said actions, or
(3) agrees to the gift or other benefit referred to in paragraph (2) or to a promise or offer thereof,
he or she shall be sentenced for acceptance of a bribe to a fine or to imprisonment for at most two years.

(2) A public official shall be sentenced for acceptance of a bribe also if for his or her actions while in service he or she agrees to the giving of the gift or other benefit referred to in subsection 1(2) to another or to a promise or offer thereof.

(3) A public official may also be sentenced to dismissal if the offence demonstrates that he or she is manifestly unfit for his or her duties.

Section 2 - Aggravated acceptance of a bribe

If in the acceptance of a bribe

(1) the public official stipulates the bribe as a condition for his or her actions or it is his or her intention, because of the gift or benefit, to act in a manner contrary to his or her duties to the considerable benefit of the party giving the gift or of another, or to the considerable loss or detriment of another, or
(2) the gift or benefit is of significant value
and the acceptance of a bribe is aggravated also when assessed as a whole, the public official shall be sentenced for aggravated acceptance of a bribe to imprisonment for at least four months and at most four years and in addition to dismissal.

Section 3 – Bribery violation

If a public official, for himself or herself or for another

(1) asks for a gift or other unlawful benefit or otherwise takes an initiative in order to receive such a benefit, or
(2) accepts or agrees to a gift or other benefit or agrees to a promise or offer of such a gift or other benefit
so that the actions are conducive to weakening confidence in the impartiality of the actions of authorities, he or she shall be sentenced, if the act is not punishable as the acceptance of a bribe or aggravated acceptance of a bribe, for a bribery violation to a fine or to imprisonment for at most six months.

Finland - Criminal Code 1894 (2021) EN

Chapter 15 (563/1998)
Offences against the administration of justice

Section 1 (735/2015)
False statement in court

If

1) a witness or an expert witness in court or
2) another person in court, under oath or affirmation, provides false information in the case or without lawful excuse conceals a pertinent circumstance,

the person shall be sentenced for a false statement in court to imprisonment for at most three years.

What is provided in subsection 1 also applies when a person is heard in court by video conference, telephone or another technical means of communication referred to in chapter 17, section 52 or 56 of the Code of Judicial Procedure without him or her being present in person.


Section 2 (563/1998)
False statement in official proceedings

If

1) a person under oath or affirmation in official proceedings comparable to a trial,
2) a person other than a suspect, when being questioned in person in a criminal investigation, or
3) a person other than one with the status referred to in chapter 6, section 2, subsection 2 of the Police Act (872/2011), when being questioned in person in a police investigation or in other comparable official proceedings,

provides false information in the case or without lawful excuse conceals a pertinent circumstance, the person shall be sentenced for a false statement in official proceedings to a fine or to imprisonment for at most two years. (815/2011)

The legal representative of a legal person, when being questioned in a criminal investigation for the determination of corporate criminal liability, is equated with a suspect in the matter.


Section 3 (563/1998)
Aggravated false statement in court

If, in making a false statement referred to in section 1,

1) serious danger arises that the court may sentence an innocent person to imprisonment or to another severe sanction, or that the court may sentence a person to a significantly more severe sanction than what would otherwise be the case, or that the court is very likely to make a wrong decision causing other particularly considerable damage to a party,
2) the falsehood or concealment pertains to a particularly important circumstance, or
3) the offence is committed in a particularly premeditated manner,

and the offence is also aggravated when assessed as a whole, the perpetrator shall be sentenced for an aggravated false statement in court to imprisonment for at least four months and at most six years.


Section 4 (735/2015)
Negligent false statement

A person who

1) as a witness or an expert witness in court, or
2) under oath or affirmation in court or in official proceedings comparable to a trial

through negligence provides false information in the case or conceals a pertinent circumstance shall be sentenced for a negligent false statement to a fine or to imprisonment for at most six months.


Section 5 (563/1998)
Attempted incitement to a false statement

A person who attempts to incite another person to commit an offence referred to in sections 1–3 shall be sentenced for attempted incitement to a false statement to a fine or to imprisonment for at most one year.


Section 6 (563/1998)
False denunciation

A person who provides false information to a criminal investigation authority, another authority or a court, thereby putting the denounced person in danger of being wrongly arrested, remanded or subjected to another coercive measure, being wrongly charged with an offence, or being wrongly sentenced to a punishment or another criminal sanction, shall be sentenced for a false denunciation to a fine or to imprisonment for at most three years.


Section 7 (563/1998)
Falsification of evidence

A person who, for the purpose of having an innocent person sentenced or otherwise causing damage to another person, conceals, destroys, damages, alters or otherwise falsifies an object, document or other piece of evidence that is necessary as evidence in court or in a criminal investigation and that the person knows to be of significance in the matter shall be sentenced for falsification of evidence to a fine or to imprisonment for at most two years.

A person who, for the purpose referred to in subsection 1, submits a piece of evidence that he or she knows to be false or falsified to be used as evidence in court or in a criminal investigation, or uses it in a misleading manner himself or herself, shall also be sentenced for falsification of evidence.


Section 8 (563/1998)
Aggravated falsification of evidence

If, in falsification of evidence,

1) an innocent person is put in serious danger of being sentenced to imprisonment or to another severe sanction,
2) the offence pertains to a particularly important piece of evidence, or
3) the offence is committed in a particularly premeditated manner,

and the offence is also aggravated when assessed as a whole, the perpetrator shall be sentenced for aggravated falsification of evidence to imprisonment for at least four months and at most six years.


Section 9 (563/1998)
Threatening a person to be heard in the administration of justice

A person who unlawfully

1) by using violence or making a threat, prevents or attempts to prevent another person from making a statement as a witness, an expert witness, another person to be heard, or a party in a trial, a criminal investigation, a police investigation or other comparable official proceedings, or influences or attempts to influence the contents of the statement, or
2) because of a statement made by another person in a hearing referred to above, uses or threatens to use violence against this person or a person whose relationship to this person is one referred to in section 10, subsection 2

shall, unless a more severe punishment for the act is provided elsewhere by law, be sentenced for threatening a person to be heard in the administration of justice to a fine or to imprisonment for at most three years.


Section 10 (563/1998)
Failure to report a serious offence

A person who knows of an imminent genocide, preparation of genocide, crime against humanity, aggravated crime against humanity, crime of aggression, preparation of a crime of aggression, war crime, aggravated war crime, torture, violation of the prohibition of chemical weapons, violation of the prohibition of biological weapons, violation of the prohibition of anti-personnel mines, compromising of the sovereignty of Finland, treason, aggravated treason, espionage, aggravated espionage, high treason, aggravated high treason, rape, aggravated rape, aggravated sexual abuse of a child, aggravated rape of a child, murder, manslaughter, killing, aggravated assault, robbery, aggravated robbery, trafficking in human beings, aggravated trafficking in human beings, hostage taking, aggravated criminal mischief, aggravated endangerment of health, nuclear device offence, hijacking, an offence committed with a terrorist intent referred to in chapter 34a, section 1, subsection 1, paragraph 3, aggravated degradation of the environment or aggravated narcotics offence, and fails to report it to the authorities or to the person in danger when there is still time to prevent the offence shall be sentenced, if the offence or a punishable attempt at the offence is committed, for failure to report a serious offence to a fine or to imprisonment for at most six months. (486/2019)

However, a person shall not be sentenced for failure to report a serious offence if, in order to prevent the offence, he or she would have had to denounce his or her current or former spouse, current cohabiting partner, sibling, or relative in the direct ascending or descending line, or a person with whom he or she has another similar close relationship comparable to an intimate relationship or kinship. (735/2015)


Section 11 (563/1998)
Harbouring an offender

A person who, after becoming aware that an offence has been committed, by furthering the escape of the offender or by destroying evidence, prevents or attempts to prevent the offender from being brought to justice, shall be sentenced for harbouring an offender to a fine or to imprisonment for at most one year.

What is provided in subsection 1 does not apply to an accomplice to an offence nor to a person whose relationship to the offender is one referred to in section 10, subsection 2, nor to offences for which the most severe punishment provided does not exceed imprisonment for six months.


Section 12 (27/2016)
False statement made abroad or before an international court

In applying the provisions on a false statement, ‘court’ also means the International Court of Justice established by the Charter of the United Nations and other tribunals set up by that organisation, the Unified Patent Court referred to in the Agreement on a Unified Patent Court (2013/C 175/01), done in Brussels on 19 February 2013, courts in Iceland and Norway, the Court of Justice of the European Union and courts in the Member States of the European Union, and courts in other foreign states, when the court is providing executive assistance to a Finnish court.

Section 12, as amended by Act 27/2016, enters into force on a date to be set by decree. Previous form of wording:

Section 12 (563/1998)
False statement made abroad or before an international court

In applying the provisions on a false statement, ‘court’ also means the International Court of Justice established by the Charter of the United Nations and other tribunals set up by that organisation, courts in Iceland and Norway, the Court of Justice of the European Communities and courts in the Member States of the European Union, and courts in other foreign states, when the court is providing executive assistance to a Finnish court.


Section 12a (604/2002)
Offences against administration of justice by the International Criminal Court

In applying the provisions on a false statement, false denunciation, falsification of evidence and threatening a person to be heard in the administration of justice, ‘court’ also means the International Criminal Court, and ‘criminal investigation’ also means an investigation referred to in the Rome Statute of the International Criminal Court.


Section 13 (735/2015)
Restrictive provision

The provisions on a false statement do not apply if
1) the person making the statement corrects it or reveals the concealed circumstance before the hearing or questioning is concluded, or
2) it is impossible to keep to the truth without a risk of the person heard himself or herself becoming liable for an offence or a comparable unlawful act.

The provisions on a false statement in court do not apply to such a witness heard in a criminal case

1) who is an injured party with no claims in the case,
2) who is charged with the same act or an act that is directly connected to the act referred to in the charge,
3) a person who has been issued with an order for a fine, a penal order or an order for a fixed fine due to the act referred to in paragraph 2, or (985/2016)
4) whose act has not been submitted for prosecution under chapter 3, section 9 of the Criminal Investigation Act or whose prosecution has been waived under chapter 1, section 7 or 8 of the Criminal Procedure Act or another equivalent provision of law.

Chapter 16 (563/1998)
Offences against public authorities

Section 1 (563/1998)
Violent resistance to a public official

A person who

1) uses or threatens to use violence to force a public official to perform or to refrain from performing an official duty involving exercise of public authority,
2) otherwise due to such an official duty uses or threatens to use violence against a public official performing the official duty, or
3) uses violence against a public official or a person in a relationship referred to in chapter 15, section 10, subsection 2 to the public official to revenge such an official duty

shall be sentenced for violent resistance to a public official to imprisonment for at least four months and at most four years.

A person who acts in the manner specified in subsection 1 towards a person who, at the request or with the consent of a public official, assists the public official in an official duty involving exercise of public authority shall also be sentenced for violent resistance to a public official. (604/2002)


Section 2 (563/1998)
Resistance to a public official

If, taking into consideration the minor significance of the violence or threat or the other circumstances connected with the offence, the violent resistance to a public official is deemed to have been committed under mitigating circumstances when assessed as a whole, the perpetrator shall be sentenced for resistance to a public official to a fine or to imprisonment for at most six months.


Section 3 (563/1998)
Obstructing a public official

A person who, without using or threatening to use violence, unlawfully prevents or attempts to prevent an official duty referred to in section 1 from being performed or makes performing it more difficult shall be sentenced for obstructing a public official to a fine.

A person who acts in the manner specified in subsection 1 towards a person who, at the request or with the consent of a public official, assists the public official in an official duty involving exercise of public authority shall also be sentenced for obstructing a public official. (604/2002)


Section 4 (815/2011)
Insubordination to the police

A person who

1) fails to obey an order or a prohibition issued by a police officer, within his or her powers, for the purpose of maintaining public order and security or performing a duty,
2) refuses to provide a police officer with the personal data referred to in chapter 2, section 1, subsection 1 of the Police Act,
3) fails to obey a police officer’s clearly visible signal or order given to stop or move a vehicle, as referred to in chapter 2, section 11, subsection 1 of the Police Act,
4) neglects the obligation to assist referred to in chapter 9, section 3 of the Police Act, or
5) alerts the police without reason or hinders police operations by providing false information

shall, unless a more severe punishment for the act is provided elsewhere by law, be sentenced for
insubordination to the police to a fine or to imprisonment for at most three months.


Section 4a (585/2005)
Insubordination to a border guard

A person who

1) fails to obey an order or a prohibition issued by a border guard, within his or her powers, for the purpose of performing a duty,
2) refuses to provide a border guard with the personal data referred to in section 36, subsection 1 of the Border Guard Act (578/2005),
3) fails to obey a border guard’s clearly visible signal or order given to control traffic or to stop or move a vehicle, as referred to in section 38 of the Border Guard Act,
4) fails to obey a prohibition or an order issued by the search and rescue mission coordinator under section 11a of the Maritime Search and Rescue Act (1145/2001), or
5) alerts a border guard without reason or hinders the activities of a border guard by providing false information

shall, unless a more severe punishment for the act is provided elsewhere by law, be sentenced for
insubordination to a border guard to a fine or to imprisonment for at most three months.


Section 4b (317/2016)
Insubordination to a customs officer

A person who

1) fails to obey an order or a prohibition issued by a customs officer, within his or her powers, for the purpose of performing a duty,
2) refuses to provide a customs officer with information requested in accordance with section 17 or section 102, subsection 1 of the Customs Act (304/2016) or chapter 2, section 14 or 15 of the Act on Crime Prevention by Customs (623/2015),
3) fails to obey a customs officer’s clearly visible signal or order given to control traffic or to stop or move a vehicle, as referred to in section 12 or 13 of the Customs Act, or
4) alerts a customs officer without reason or hinders the activities of Customs by providing false information

shall, unless a more severe punishment for the act is provided elsewhere by law, be sentenced for insubordination to a customs officer to a fine or to imprisonment for at most three months.


Section 5 (563/1998)
Providing false personal data

A person who, in order to mislead a public authority, provides a false name or otherwise provides false or misleading information on his or her identity, or for this purpose uses another person’s identity card, passport, driving licence or other such certificate, shall be sentenced for providing false personal data to a fine or to imprisonment for at most six months.


Section 6 (808/2007)
Fine deception

A person who, to obtain economic benefit, provides essentially false or misleading information on his or her income, maintenance liability or another circumstance affecting his or her solvency to a public authority for the purpose of determining the amount of a fine shall be sentenced for fine deception to a fine or to imprisonment for at most three months.


Section 7 (563/1998)
Registration offence

A person who,

1) to cause a legally relevant error in a public register kept by a public authority, provides false information to that authority, or
2) to obtain benefit for himself or herself or another person or to cause damage to another person, takes advantage of an error caused in the manner referred to in paragraph 1,

shall be sentenced for a registration offence to a fine or to imprisonment for at most three years.

An attempt is punishable.


Section 8 (563/1998)
Providing a false testimony to a public authority

A person who provides a public authority with a legally relevant false written testimony or a comparable technical recording or, after having prepared such a document or recording, gives it to another person to be used for this purpose shall, unless a more severe punishment for the act is provided elsewhere by law, be sentenced for providing a false testimony to a public authority to a fine or to imprisonment for at most six months.

A person pursuing an activity subject to the specific supervision of an authority, a representative or employee of such a person, and an auditor of a corporate entity subject to supervision, who during a statutory inspection or when otherwise fulfilling a statutory reporting duty provides the supervising authority with legally relevant false oral information, shall also be sentenced for providing a false testimony to a public authority.


Section 9 (563/1998)
Impersonating a public official

A person who, in order to mislead another person,
1) without a statutory right undertakes a measure that can only be taken by a competent authority exercising public authority, or
2) otherwise presents himself or herself as a public official exercising public authority on duty

shall be sentenced for impersonating a public official to a fine or to imprisonment for at most six months.


Section 9a (902/1998)
Violation of a restraining order

A person subject to a restraining order or a temporary restraining order who violates the order specified in the pertinent decision shall be sentenced for a violation of a restraining order to a fine or to imprisonment for at most one year.

In applying subsection 1, a protection measure that has been reported to the Data System for Police Matters under section 4 of the Act on the Application of Regulation of the European Parliament and of the Council on Mutual Recognition of Protection Measures in Civil Matters (227/2015) is equated with a restraining order. Contacts for which there is an appropriate reason and that are manifestly necessary in the manner referred to in section 3, subsection 4 of the Act on Restraining Orders (898/1998) are not deemed a violation of a restraining order. (229/2015)


Section 10 (563/1998)
Violation of an official prohibition pertaining to property

A person who unlawfully

1) breaks a lock, seal, barrier or mark installed by a public authority and intended for closing or isolating an object or another location, or otherwise breaks into such an object or location closed by the authority,
2) intrudes a building or room closed by a public authority or otherwise breaches a prohibition issued for the purpose of investigating an offence under chapter 9, section 1, subsection 1, paragraph 2 of the Coercive Measures Act (806/2011),
3) handles property that has been seized, sequestrated, distrained or garnished, or ordered by a public authority not to be moved, or
4) in violation of a prohibition issued by a public authority, alienates or conveys property or in violation of a payment freeze pays a debt or wage

shall be sentenced for a violation of an official prohibition pertaining to property to a fine or to imprisonment for at most one year.

In subsection 1, paragraph 1, ‘public authority’ also means a foreign customs authority in addition to a Finnish public authority.


Section 11 (563/1998)
Violation of a prohibition on pursuing a business

A person who violates a prohibition on pursuing a business or a temporary prohibition on pursuing a business shall be sentenced for a violation of a prohibition on pursuing a business to a fine or to imprisonment for at most two years.

A person who acts as an intermediary for another person in order to evade a prohibition on pursuing a business shall also be sentenced for a violation of a prohibition on pursuing a business.


Section 12 (563/1998)
Destroying evidence in the possession of the authorities

A person who unlawfully destroys, takes possession of, damages or otherwise renders useless a document or another piece of evidence in a public archive or in the possession of a public authority, or a public register maintained by an authority or a part of such a register, shall be sentenced for destroying evidence in the possession of the authorities to a fine or to imprisonment for at most two years.


Section 13 (604/2002)
Giving of a bribe

A person who promises, offers or gives to a public official, for his or her actions in an employment relationship, such a gift or other advantage intended for him or her or for another person that influences or aims to influence or is conducive to influencing the public official’s actions in the employment relationship shall be sentenced for giving of a bribe to a fine or to imprisonment for at most two years.

A person who promises, offers or gives a gift or an advantage referred to in subsection 1 to another person for a public official’s actions in an employment relationship shall also be sentenced for giving of a bribe.


Section 14 (563/1998)
Aggravated giving of a bribe

If, in giving of a bribe,

1) the purpose of the gift or advantage is to make the person concerned act in his or her employment relationship contrary to his or her duties to the considerable benefit of the briber or another person or to the considerable loss or detriment of another person, or
2) the gift or advantage is of significant value,

and the giving of a bribe is also aggravated when assessed as whole, the perpetrator shall be sentenced for aggravated giving of a bribe to imprisonment for at least four months and at most four years.


Section 14a (637/2011)
Giving of a bribe to a Member of Parliament

A person who promises, offers or gives to a Member of Parliament a gift or other undue advantage that is to be deemed other than customary hospitality, intended for the Member or another person, in order to make the Member of Parliament act or refrain from acting under his or her parliamentary mandate in a certain manner in exchange for the advantage, or in order to reward the person for such action, and the act is conducive to clearly undermining confidence in the independence of the execution of the Member’s mandate, shall be sentenced for giving of a bribe to a Member of Parliament to a fine or to imprisonment for at most two years.

Election funding referred to in the Act on a Candidate's Election Funding (273/2009) is not deemed giving of a bribe to a Member of Parliament, unless its purpose is to circumvent subsection 1.


Section 14b (637/2011)
Aggravated giving of a bribe to a Member of Parliament

If, in giving of a bribe to a Member of Parliament,

1) the purpose of the gift or advantage is to make the person act under his or her parliamentary mandate to the considerable benefit of the briber or another person or to the considerable loss or detriment of another person, or
2) the gift or advantage is of significant value,

and the giving of a bribe to a Member of Parliament is also aggravated when assessed as a whole, the perpetrator shall be sentenced for aggravated giving of a bribe to a Member of Parliament to imprisonment for at least four months and at most four years.


Section 15 (256/2014)
Illegal release of a prisoner

A person who illegally

1) releases a prisoner, an arrested person, an apprehended person, or a person under detention referred to in the Act on Military Discipline and Combating Crime in the Defence Forces from a prison or another detention facility, or from the custody of a public official or a soldier guarding, escorting or transporting that person, or assists in the escape of that person, or
2) prevents a competent public official or soldier from apprehending a person who is on the run and who has been ordered to be remanded or arrested or is to be apprehended

shall be sentenced for illegal release of a prisoner to a fine or to imprisonment for at most two years.

An attempt is punishable.


Section 16 (563/1998)
Escape by a prisoner

A prisoner, an arrested person, an apprehended person in the custody of a public authority, or a person under detention referred to in the Act on Military Discipline who escapes or attempts to escape from a penal institution or another detention facility, or from the custody of a person guarding, escorting or transporting him or her, shall be sentenced for escape by a prisoner to a fine or to imprisonment for at most one year.


Section 17 (563/1998)
Procurement of a weapon by a prisoner

A prisoner, an arrested person, an apprehended person in the custody of a public authority, or a person under detention referred to in the Act on Military Discipline who, in violation of a prohibition brought to his or her knowledge, manufactures, procures or possesses a firearm, an edged weapon or another comparable lethal instrument shall be sentenced for procurement of a weapon by a prisoner to a fine or to imprisonment for at most one year.

The Act on Military Discipline (331/1983) was repealed by the Act on Military Discipline and Combating Crime in the Defence Forces (255/2014).


Section 18 (637/2011)
Corporate criminal liability

The provisions on corporate criminal liability apply to giving of a bribe, aggravated giving of a bribe, giving of a bribe to a Member of Parliament, and aggravated giving of a bribe to a Member of Parliament.


Section 19 (563/1998)
Restrictive provision

The provisions of sections 1–3 of this chapter do not apply to acts referred to in chapter 17, section 6.


Section 19a (604/2002)
Section 19a was repealed by Act 604/2002.


Section 20 (604/2002)
Provisions on the scope of application

In applying sections 1–3 of this chapter, the following are equated with a public official as the object of a criminal act: a person holding a public position of trust referred to in chapter 40, section 11; such a foreign public official who is in the service of the International Criminal Court or acts in the territory of Finland in duties related to inspection, surveillance, pursuit, maintenance of public order and security, crime prevention or criminal investigation under an international agreement or another international obligation, or who acts in the territory of Finland in criminal investigation duties or other official duties under the Act on International Legal Assistance in Criminal Matters (4/1994) on the basis of a request for legal assistance issued or approved by a Finnish authority; a person exercising public authority; and a soldier on duty. (302/2014)

In applying section 9 of this chapter, the following are equated with a public official: a person holding a public position of trust referred to in chapter 40, section 11; such a foreign public official who is in the service of the International Criminal Court or acts in the territory of Finland in duties related to inspection, surveillance, pursuit, maintenance of public order and security, crime prevention or criminal investigation under an international agreement or another international obligation, or who acts in the territory of Finland in criminal investigation duties or other official duties under the Act on International Legal Assistance in Criminal Matters (4/1994) on the basis of a request for legal assistance issued or approved by a Finnish authority; and a person exercising public authority. (302/2014)

In applying sections 13 and 14 of this chapter, a person holding a public position of trust referred to in chapter 40, section 11, an employee of a public sector entity, a foreign public official, a person exercising public authority, and a soldier are equated with a public official as the object of a criminal act.

In applying sections 1–3, 13 and 14 of this chapter, a foreign public official who acts or uses an intelligence gathering method in the territory of Finland in the manner referred to in chapter 5a, section 57, subsection 3 of the Police Act or in section 20, subsection 3 of the Act on Military Intelligence is equated with a public official as the object of a criminal act. (586/2019)

In applying sections 14a and 14b of this chapter, a member of a foreign parliament referred to in chapter 40, section 11 is equated with a Member of Parliament as the object of a criminal act. (637/2011)

If provisions are laid down elsewhere than in this Code on the application of provisions on criminal liability for acts in office to a person other than those referred to in subsections 1–4, the person shall be equated with a public official as the object of a criminal act when applying sections 1–3, 9, 13 and 14 of this chapter.

Finland - Criminal Code amendment 2000 EN

A new section 19 a shall be added to Chapter 16 of the Penal Code (39/1889) enacted on 19 December 1889, as follows:

Chapter 16 – Offences against the public authorities (563/1998)

Section 12 a – Offences against the administration of justice by the International Criminal Court

For the purposes of application of the provisions on false statement, false denunciation, falsification of evidence, and threatening a person to be heard in the administration of justice, “a court of law” shall also mean the International Criminal Court and “criminal investigations” shall also mean an investigation referred to in the Statute of the International Criminal Court.

Section 19 a – Offences against the International Criminal Court

“A public official” referred to in sections 1-3 [violent resistance to a public official, resistance to a public official and obstruction of a public official], and sections 13 and 14 [bribery and aggravated bribery] of this chapter shall also mean an official of the International Criminal Court.

Chapter 40, section 9, paragraph 3 (815/1998) of the Penal Code (39/1889) enacted on 19 December 1889 shall be amended, as follows:

Chapter 40 – Offences in public office and offences by an employee of a public corporation (792/1989)

Section 9 – Provision on application


(1) - - - - - - -
(2) - - - - - - -
(3) The provisions in sections 1 – 4 of this chapter [acceptance of a bribe, aggravated acceptance of a bribe, bribery violation, forfeiture] apply also where the offender is a person in the service of the European Communities, as referred to in chapter 16, section 20, an official of another Member State of the European Union, or an official of the International Criminal Court.

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b) Presenting evidence that the party knows is false or forged;

(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e) Retaliating against an official of the Court on account of duties performed by that or another official;

(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

4.

(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.