Pidättämisperusteet

Pidättämisperusteet refer to the legal grounds upon which an individual can be detained by law enforcement authorities. In Finland, these grounds are primarily outlined in the Criminal Procedure Act. Generally, a person can be arrested if there is a reasonable suspicion that they have committed a crime. Beyond this general suspicion, specific circumstances can justify detention.

One of the primary grounds for detention is the risk of absconding. If an individual is likely to evade legal proceedings, for example, by fleeing the country or going into hiding, they may be detained. Another crucial ground is the risk of tampering with evidence or obstructing the investigation. This includes actions such as destroying evidence, influencing witnesses, or otherwise hindering the collection of information relevant to the crime.

Furthermore, detention can be justified if there is a risk that the arrested person will continue their criminal activity. This is particularly relevant when the individual has a history of similar offenses or there is evidence suggesting they pose an ongoing threat to public safety. In some cases, detention may also be used to ensure the identification of the suspect, especially if their identity is not immediately clear.

The decision to detain a suspect is made by the police, but it must be presented to a judge for confirmation within a short period, typically 24 hours. The judge then assesses whether the detention grounds are met and whether the detention is proportionate to the alleged offense and the circumstances. The duration of detention is also limited and subject to regular judicial review.