Kertautumisesta

Kertautuminen is a Finnish legal term that refers to the recurrence of criminal conduct by a person who has previously been found guilty. The concept is used primarily in the criminal justice system to determine whether a subsequent offence should be treated as a new crime or as part of a series of related offenses. It is closely linked with the notion of recidivism in international law and social science, and it is a key factor in sentencing, parole decisions, and probation monitoring.

In the Finnish Penal Code, a repeat offence is defined by reference to prior convictions that are considered the same class of crime. The court examines whether the newer offence arises from a common criminal circumstance or motive, whether the earlier conviction was for a similar offence, and whether the defendant’s criminal record reflects a pattern of behavior. If the court finds the case to be a kertautuminen, the penalty may be increased according to the law’s provisions for augmentation of sentences for repeat offenders. The principle of kastattiin (joint punishment) may also apply, ensuring that a single act may be punishable in multiple ways if it constitutes several separate offences.

Statistical reports from the Finnish Ministry of Justice show that a significant proportion of prison inmates have multiple convictions, and the recidivism rate has fluctuated over the last decade. The term also appears in administrative and procedural documents concerning parole approvals, where the extent of kertautuminen may affect the conditions of release or the risk assessment for reoffending.

Kertautuminen is relevant to scholars studying criminal behavior, sociologists evaluating rehabilitative programs, and policymakers assessing the effectiveness of sentencing reforms. Its application remains a critical tool in balancing deterrence, public safety, and the principles of proportionality within Finland’s justice system.