syyteoikeuden

Syyteoikeuden, or the right to prosecute, refers to the authority to initiate and pursue criminal proceedings by filing charges against a person in court on behalf of the state. It is a fundamental element of criminal procedure, determining who may decide to bring a case before a court and how prosecutions are conducted.

In Finland, the right to prosecute is a state monopoly exercised primarily by public prosecutors within the Public Prosecutor's Office. Investigative work is typically carried out by the police or other authorities, but the prosecutor supervises the pre-trial process and makes the key decision on whether to bring charges after the investigation, or to drop the case.

The core routine is that, if the pre-trial investigation supports it, the prosecutor files an indictment with the district court. The court then handles the matter according to the Code of Criminal Procedure. The decision to prosecute or not to prosecute is an essential exercise of the syyteoikeus and directly affects the course of the legal process.

Private individuals do not have the right to prosecute ordinary criminal offenses in Finland; the prosecutorial power rests with the state. The system is designed to promote legality, impartiality, and consistent application of the law across cases and jurisdictions.

The legal basis for syyteoikeuden includes the Finnish Constitution and the Code of Criminal Procedure, along with related statutes governing the Public Prosecutor's Office. The concept underpins the separation of powers between investigation, prosecution, and adjudication, ensuring that prosecutions proceed under standardized, publicly accountable procedures.