Selvittämisvelvollisuus

Selvittämisvelvollisuus is a Finnish legal principle that translates to a duty of inquiry or an obligation to investigate. It obliges authorities, particularly those in positions of public power such as courts, administrative bodies, and law enforcement, to actively investigate matters within their jurisdiction to establish the facts. This is not merely a passive stance but an active obligation to gather evidence, hear relevant parties, and explore all necessary avenues to reach a well-founded decision or to fulfill their legal duties.

The principle is rooted in the fundamental right to a fair trial and the need for administrative actions to be lawful and just. It ensures that decisions are not made on incomplete or inaccurate information. For example, in criminal proceedings, selvittämisvelvollisuus means the prosecution must investigate the offense thoroughly, and the court must ensure all relevant evidence is presented and considered. In administrative law, it requires officials to gather all necessary information to make a lawful decision regarding an application or a matter of public interest.

This duty can also extend to private entities in certain contexts, such as employers investigating workplace disputes or allegations of misconduct. The scope and specific requirements of selvittämisvelvollisuus can vary depending on the area of law and the nature of the case. However, the underlying principle remains consistent: an active and diligent pursuit of the truth and the facts to ensure fairness and legality.