Chapter 1 (626/1996)
Scope of application of the criminal law of Finland
Section 9 (626/1996)
Corporate criminal liability
If, under this chapter, Finnish law applies to an offence, corporate criminal liability is also determined under Finnish law.
Chapter 5 (515/2003)
Attempt and complicity
Section 8 (515/2003)
Acting on behalf of a legal person
A member of a statutory body or management of a corporate entity, foundation or other legal person, a person who exercises actual decision-making power in the legal person or a person who otherwise acts on its behalf in a public-service employment relationship or an employment relationship or by commission may be sentenced for an offence committed in the operations of the legal person, even if he or she does not fulfil the special conditions set for a perpetrator in the statutory definition of the offence, if the legal person fulfils the said conditions.
If the offence has been committed in organised activity that is part of a trader’s business or in other organised activity comparable to the activity of a legal person, the provisions of subsection 1 on an offence committed in the operations of a legal person shall apply correspondingly.
The provisions of this section do not apply if otherwise provided elsewhere by law.
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.