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.

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.

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

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.

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

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.

A new section 12 a shall be added to Chapter 15 of the Penal Code (39/1889) enacted on 19 December 1889, as follows:

Chapter 15 – Offences against the administration of justice (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.