syyteharkintapäätös

Syyteharkintapäätös, or prosecutorial discretion decision, is a crucial stage in the Finnish criminal justice system. It refers to the decision made by a public prosecutor regarding whether to bring criminal charges against an individual suspected of committing an offense. This decision is based on an evaluation of the evidence gathered by the police or other investigating authorities.

The prosecutor assesses whether there is sufficient evidence to support a conviction in court. This involves considering the strength and credibility of the evidence, the likelihood of a successful prosecution, and whether the alleged offense constitutes a crime under Finnish law. If the prosecutor determines that the evidence is insufficient or that prosecution is not in the public interest, they will decide not to press charges. This decision is known as syytteen nostamatta jättäminen, or refraining from prosecution.

Conversely, if the prosecutor is satisfied that there is adequate evidence and that prosecution is warranted, they will file an indictment with the court. This initiates the judicial proceedings. The decision-making process is guided by principles of legality, objectivity, and the public interest. Prosecutors are expected to act impartially and to pursue justice fairly. The syyteharkintapäätös is a critical gatekeeping function, preventing unfounded cases from reaching the courts and ensuring that resources are directed towards matters with a reasonable prospect of conviction. It is an administrative decision, but it has significant legal consequences for the suspected individual and the progression of the criminal case.