Questionnaire Finland
III.1 Does the prosecution service have the same independent position as the judiciary?
There are various types of independence, the
structural, functional and hierarchical independence.
Structural independence of the prosecutor’s service was established in the 1997 law reform. Since 1997, there has been a separate central agency – the Prosecutor General’s office – to take care of the prosecution service. The office does not form part of the Ministry of Justice, but it belongs to its administrative field.
Prosecutors are appointed for life by the Prosecutor General. However, the Constitution contains no specific provisions regarding the independence of the prosecutor, comparable to that of the judiciary. Prosecutors can be dismissed from office following the normal rules applicable to civil servants.
Functional independence. Prosecutors are independent in their work in respect of possible influences from outside. Sect. 1.2 Public Prosecutors Act states that the prosecutors have an independent discretion in cases dealt with.
Hierarchical independence. The courts are independent in a hierarchical sense: the upper courts cannot give binding orders to lower courts. As regards the prosecution service, the Prosecutor General has the right to give general instructions, also on matters such as the policy on non-prosecution. However, the Prosecutor General cannot interfere in individual decision making. To this, there are two exceptions. The Prosecutor General has a devolution right (he can take the case and proceed with the charge by himself). He can also give ‘prosecution orders’. This includes a decision by the Prosecutor General that the case will be prosecuted, while the prosecutor continues the prosecution from this point at his own discretion.
Structural independence of the prosecutor’s service was established in the 1997 law reform. Since 1997, there has been a separate central agency – the Prosecutor General’s office – to take care of the prosecution service. The office does not form part of the Ministry of Justice, but it belongs to its administrative field.
Prosecutors are appointed for life by the Prosecutor General. However, the Constitution contains no specific provisions regarding the independence of the prosecutor, comparable to that of the judiciary. Prosecutors can be dismissed from office following the normal rules applicable to civil servants.
Functional independence. Prosecutors are independent in their work in respect of possible influences from outside. Sect. 1.2 Public Prosecutors Act states that the prosecutors have an independent discretion in cases dealt with.
Hierarchical independence. The courts are independent in a hierarchical sense: the upper courts cannot give binding orders to lower courts. As regards the prosecution service, the Prosecutor General has the right to give general instructions, also on matters such as the policy on non-prosecution. However, the Prosecutor General cannot interfere in individual decision making. To this, there are two exceptions. The Prosecutor General has a devolution right (he can take the case and proceed with the charge by himself). He can also give ‘prosecution orders’. This includes a decision by the Prosecutor General that the case will be prosecuted, while the prosecutor continues the prosecution from this point at his own discretion.
