Chapter 2 - Penalties

Section 3

(2) A sentence of life imprisonment shall be passed instead of imprisonment in the penitentiary for life. A sentence of imprisonment for a fixed period shall be passed instead of imprisonment in the penitentiary for a fixed period, the sentence scale provided for imprisonment in the penitentiary shall be used. If no specific minimum and maximum periods have been provided, a sentence of imprisonment for at least six months and at most twelve years shall be passed instead of imprisonment in the penitentiary.

Chapter 2 - Penalties

Section 3

(4) The provisions on imprisonment in the penitentiary for life also apply to life imprisonment.

Chapter 2(c) – Imprisonment

General provisions

Section 2 – The length of imprisonment

(1) Imprisonment is sentenced for a fixed period or for life.

(2) A sentence of fixed-term imprisonment is imposed for at least fourteen days and at most twelve years or, when imposing a joint sentence pursuant to chapter 7, fifteen years.

Chapter 11 – War crimes and crimes against humanity

Section 1 - Genocide

(1) A person who for the purpose of entirely or partially destroying a national, ethnic, racial or religious group or another comparable group

(1) kills members of the group,
(2) inflicts grievous bodily or mental illness or injuries on members of the group,
(3) subjects the group to such living conditions that can cause the physical destruction of the group in whole or in part,
(4) undertakes forcible measures to prevent procreation among the group, or
(5) forcibly moves children from one group to another,
shall be sentenced for genocide to imprisonment for at least four years or for life.

Section 2 - Preparation of genocide

A person who for the purpose referred to in section 1

(1) conspires with another to commit genocide, or
(2) makes a plan for genocide
shall be sentenced for preparation of genocide to imprisonment for at least four months and at most four years.

Chapter 11 – War crimes and crimes against humanity

Section 3 - Crime against humanity

A person who, as part of a broad or systematic assault on civilian population,

(1) kills or enslaves another, subjects him or her to trade by offer, purchase, sale or rent, or tortures him or her, or in another manner causes him or her considerable suffering or a serious injury or seriously harms his or her health or destroys a population by subjecting it or a part thereof to destructive living condition or in another manner,
(2) deports or forcibly transfers population lawfully residing in an area,
(3) takes a person as a prisoner or otherwise deprives him or her of his or her liberty in violation of fundamental provisions of international law or causes the involuntary disappearance of a person who has been deprived of his or her liberty,
(4) rapes another, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or sterilization or commits other corresponding aggravated sexual violence against him or her,
(5) engages in racial discrimination or persecutes a recognizable group or community on the basis of political opinion, race, nationality, ethnic origin, culture, religion or gender or on other comparable grounds,

shall be sentenced for a crime against humanity to imprisonment for at least one year or for life.

An attempt is punishable.

Section 4 – Aggravated crime against humanity

If in a crime against humanity

(1) the offence is directed against a large group of persons,
(2) the offence is committed in an especially brutal, cruel or degrading manner or
(3) the offence is committed in an especially planned or systematic manner,
and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for an aggravated crime against humanity to imprisonment for at least eight years or for life.

(2) An attempt is punishable.

Chapter 11 – War crimes and crimes against humanity

Section 5 - War crime

(1) A person who in connection with a war or other international or domestic armed conflict or occupation in violation of the Geneva conventions on the amelioration of the condition of the wounded and sick in armed forces in the field, the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea, the treatment of prisoners of war or the protection of civilian persons in time of war (Treaties of Finland 8/1955, Geneva conventions) or the additional amendment protocols done in 1949 to the Geneva Conventions, on the protection of victims of international armed conflicts and the protection of victims of non-international armed conflicts (Treaties of Finland 82/1980, I and II protocols) or other rules and customs of international law on war, armed conflict of occupation,

(1) kills another or wounds or tortures him or her or in violation of his or her interests maims him or her or subjects him or her to a biological, medical or scientific experiment or in another manner causes him or her considerable suffering or a serious injury or seriously harms his or her health,
(2) rapes another, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or sterilization or commits other corresponding aggravated sexual violence against him or her,
(3) destroys, confiscates or steals property arbitrarily and without military need,
(4) in connection with an assault or otherwise plunders a town or another corresponding place,
(5) takes or recruits children below the age of 18 years into military forces or into groups in which they are used in hostilities,
(6) forces a prisoner of war or another protected person to serve in the military forces of the enemy or participate in military action against their own country,
(7) denies a prisoner of war or another protected person the rights to a fair and lawful trial or in another manner denies him or her legal guarantees,
(8) initiates an attack that causes the loss of human life or injuries or extensive, long-term and serious environmental damage that are clearly excessive in comparison with the anticipated real and direct military benefit,
(9) attacks civilian populations, civilians not taking part in hostilities or civilian targets or persons engaged in tasks referred to in the Charter of the United Nations (Treaties of Finland 1/1956) or property used by them,
(10) attacks undefended civilian targets or bombs them, attacks places used for religious worship, science, art, medical treatment or charity or historical monuments or attacks persons who are using the symbols referred to in the Geneva conventions or the I or III protocol to the Geneva conventions,
(11) misuses a white flag, the flag of the enemy, the flag of the United Nations, military insignia, a military uniform or the symbols referred to in the Geneva conventions or the I or III protocol to the Geneva conventions,
(12) holds in unlawful detention or forcibly transfers or deports population or parts thereof,
(13) takes persons as hostages, announces that no mercy shall be given, uses civilians or other protected persons in order to protect military targets, prevents civilians from receiving foodstuffs or other supplies necessary for survival or emergency assistance or uses other means of warfare prohibited in international law, or
(14) uses poison or a poison weapon, suffocating or poisonous gases or other corresponding substances, weapons, ammunition or materiel that cause excessive injuries or unnecessary suffering, or chemical, biological or other prohibited weapons or ordnance,

shall be sentenced for a war crime to imprisonment for at least one year or for life.

(2) Also a person who commits another act defined under article 8 of the Rome Statute of the International Criminal Court (Treaties of Finland 56/2002) or in another manner violates the provisions of an international agreement on war, armed conflict or occupation that is binding on Finland or the generally recognized and established laws and customs of war in accordance with international law shall be sentenced for a war crime.

(3) An attempt is punishable.

Section 6 - Aggravated war crime

(1) If the war crime is committed as part of a plan or policy or as part of extensive war crimes and

(1) the offence is directed against a large group of persons,
(2) the offence causes very serious and extensive damage,
(3) the offence is committed in an especially brutal, cruel or degrading manner, or
(4) the offence is committed in an especially planned or systematic manner,
and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for an aggravated war crime to imprisonment for at least eight years or for life.

(2) An attempt is punishable.

Section 7 - Petty war crime

(1) If the war crime, considering the consequence caused or the other relevant circumstances, is petty when assessed as a whole, the offender shall be sentenced for a petty war crime to a fine or to imprisonment for at most two years.

(2) An attempt is punishable.

Section 7(a) – Violation of the ban on anti-personnel mines (1466/2011)

A person who, in violation of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Agreements of Finland /20)

(1) uses anti-personnel mines other than in the manner referred to in sections 5 through 7, or
(2) develops, produces, otherwise obtains, stockpiles, possesses, transfers or exports or imports anti-personnel mines

shall be sentenced for violation of the ban on anti-personnel mines to imprisonment for at least four months and at most six years.

Section 8 - Breach of the prohibition of chemical weapons

A person, who in breach of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Treaties of Finland 19/1979)

(1) uses chemical weapons in a manner not referred to in sections 5 - 7 of this chapter,
(2) develops, produces, otherwise procures, stockpiles, possesses or transports chemical weapons, or
(3) participates in military preparations for the use of chemical weapons,

shall be sentenced for breach of the prohibition of chemical weapons to imprisonment for at least four months and at most six years.

Section 9 – Breach of the prohibition of biological weapons

A person who

(1) uses a biological or a toxin weapon in a manner not referred to in sections 1 through 3 of this chapter,
(2) unlawfully prepares, transports or delivers a biological weapon or a toxin weapon, or
(3) in violation of an international convention on the development, production and storage of bacteriological (biological) and toxin weapons and on their destruction (Treaties of Finland 15/1975) develops, prepares, otherwise procures, stores or possesses a biological weapon or a toxin weapon or weapons, devices or equipment for the dissemination of a biological weapon or a toxin weapon,

shall be sentenced, unless the same or a more severe penalty for the act has been provided elsewhere in the law, for a breach of the prohibition of biological weapons to imprisonment for at least four months and at most six years.

Chapter 2
Punishments

Section 3 (613/1974)

A sentence of life imprisonment shall be imposed instead of imprisonment in the penitentiary for life. A sentence of imprisonment shall be imposed instead of imprisonment in the penitentiary for a fixed term in accordance with the penal scale specified for imprisonment in the penitentiary in the appropriate penal provision. If no specific minimum and maximum terms have been determined in the penal provision, a sentence of imprisonment of at least six months and at most twelve years shall be imposed instead of imprisonment in the penitentiary.

Chapter 2
Punishments

Section 3 (613/1974)

The provisions on imprisonment in the penitentiary for life also apply to life imprisonment.

Chapter 2
Punishments

Section 10 (604/2002)

A public official, a person holding a public position of trust or a person exercising public authority who is sentenced to life imprisonment shall also be sentenced to be removed from office. A person shall also be sentenced to be removed from office if he or she is sentenced to imprisonment for a fixed term of at least two years, unless the court deems that the offence does not demonstrate that the sentenced person is unsuitable to serve as a public official or attend to a public function.

Chapter 2c (780/2005)
Imprisonment and combination sentence (800/2017)

General provisions

Section 2 (780/2005)
Length of imprisonment

A sentence of imprisonment is imposed for a fixed term or for life.

A fixed-term sentence of imprisonment is imposed for at least fourteen days and at most twelve years or, when imposing a joint sentence under chapter 7, for at most fifteen years.

Chapter 2c (780/2005)
Imprisonment and combination sentence (800/2017)

Conditional release

Section 10 (1099/2010)
Conditional release from life imprisonment

A person sentenced to life imprisonment may be conditionally released at the earliest once he or she has served twelve years in prison. A person sentenced to life imprisonment for an offence committed below the age of 21 may be conditionally released at the earliest once he or she has served ten years in prison.

When considering conditional release, attention shall be paid to the nature of the offence or offences that had led to the sentence of life imprisonment, other punishments that were incorporated into the sentence of life imprisonment or that have been served during the period to be served in prison referred to in section 10a, other possible subsequent criminality of the sentenced person, and the circumstances referred to in section 9, subsection 2. When considering the release, account shall be taken of the implementation of the sentence plan referred to in chapter 4, section 6 of the Imprisonment Act and of the behaviour of the prisoner while in prison also in other respects. The commitment of the prisoner to complying with the conditions of medical treatment referred to in section 4 of the Act on Probationary Liberty under Supervision (629/2013) and of other possible related treatment and support may also be taken into account in the consideration. (628/2013)

Before a person sentenced to life imprisonment is conditionally released, he or she may be placed in probationary liberty under supervision. If the Central Administration of the Criminal Sanctions Agency considers that conditional release of a prisoner shall be reconsidered because he or she is found to have committed an offence before the conditional release, because the consent referred to in section 23, subsection 1 of the Act on Probationary Liberty under Supervision has been revoked, or because probationary liberty referred to in section 26, subsection 1 of the said Act has been revoked, it shall refer the matter for reconsideration to the Helsinki Court of Appeal. The same procedure shall be followed in matters concerning time counted as part of the term of sentence as referred to in section 28 of the Act on Probationary Liberty under Supervision and in chapter 3, section 7 of the Imprisonment Act. (628/2013)

Provisions on the consideration of such a matter at the Helsinki Court of Appeal are laid down in the Act on the Procedure for the Release of Life Prisoners (781/2005). (800/2017)

Chapter 11 (212/2008)
War crimes and crimes against humanity

Section 1 (212/2008)
Genocide

A person who, for the purpose of entirely or partially destroying a national, ethnical, racial or religious group or another comparable group,

1) kills members of the group,
2) causes serious bodily or mental illness or injuries to members of the group,
3) inflicts on the group conditions of life that can bring about its physical destruction in whole or in part,
4) imposes forcible measures intended to prevent births within the group, or
5) forcibly transfers children from one group to another shall be sentenced for genocide to imprisonment for at least four years or for life.

An attempt is punishable.

Chapter 11 (212/2008)
War crimes and crimes against humanity

Section 3 (212/2008)
Crime against humanity

A person who, as part of a widespread or systematic attack directed against a civilian population,

1) kills or enslaves another person, subjects him or her to trade by making an offer, purchasing, selling or renting, or tortures him or her, or in some other manner causes him or her great suffering or a serious injury or seriously harms his or her health, or destroys people by inflicting on a population or part of it destructive conditions of life or in some other manner,
2) deports or forcibly transfers population lawfully residing in an area,
3) imprisons a person or otherwise deprives him or her of his or her liberty in violation of fundamental rules of international law or causes the enforced disappearance of a person who has been deprived of his or her liberty,
4) rapes another person, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or sterilisation or commits other sexual violence of comparable gravity against him or her, or
5) engages in racial discrimination or persecutes an identifiable group or collectivity on the basis of political opinion, race, nationality, ethnic origin, culture, religion or gender or on other comparable grounds

shall be sentenced for a crime against humanity to imprisonment for at least one year or for life.

An attempt is punishable.

Chapter 11 (212/2008)
War crimes and crimes against humanity

Section 4a (1718/2015)
Crime of aggression

If a person in a position effectively to exercise control over or to direct the political or military action of a state commits an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations (Finnish Treaty Series 1/1956), the person shall be sentenced for a crime of aggression to imprisonment for at least four years or for life.

An attempt is punishable.

An act of aggression means the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations.

The following acts committed by a state or the armed forces of a state, regardless of a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as acts of aggression:

1) the invasion or attack of the territory of another state, any military occupation resulting from such invasion or attack, and any annexation of the territory of another state or part of it,
2) bombardment against the territory of another state and the use of any weapons against the territory of another state,
3) the blockade of the ports or coast of another state,
4) an attack on the land, sea or air forces, or marine and air fleets of another state,
5) the use of armed forces of one state which are within the territory of another state with the agreement of the receiving state, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement,
6) the action of a state in allowing its territory, which it has placed at the disposal of another state, to be used by that other state for perpetrating an act of aggression against a third state,
7) the sending by or on behalf of a state of armed bands, groups, irregulars or mercenaries, which carry out acts against another state of such gravity as to be comparable to the acts referred to in paragraphs 1–6, or its substantial involvement in the sending of these.