Kohtuuttomuuteen

Kohtuuttomuuteen is a Finnish legal concept that translates to "unreasonableness" or "disproportionality." It is a broad principle used in Finnish law to assess whether a decision, action, or consequence is so extreme or unfair that it cannot be legally tolerated. This concept is not defined by a single statute but is applied across various areas of law, including administrative law, criminal law, and civil law.

In administrative law, kohtuuttomuuteen can be invoked to challenge decisions made by public authorities. If a decision is deemed unreasonably burdensome or excessively harsh in relation to its purpose, a court may overturn it. This ensures that administrative actions are fair and proportionate to the circumstances. For example, a penalty imposed by an administrative body might be found to be kohtuuttomuuteen if it is disproportionately severe given the offense.

In criminal law, the principle can influence sentencing. While the law specifies ranges for penalties, courts have discretion to depart from them in exceptional cases where the prescribed sentence would be unreasonably harsh. Similarly, in civil law, kohtuuttomuuteen can be used to modify or set aside contractual terms or obligations that are excessively unfair to one party. This provides a mechanism to prevent exploitation and ensure a degree of equity in private dealings. The application of kohtuuttomuuteen requires a careful balancing of interests and a consideration of all relevant circumstances.