Decisions by the prosecutor: documentation of statistics
The documentation of the statistics describes how the statistics were compiled and what methods were used in the compilation. The data help interpret the figures of the statistics and evaluate their reliability and comparability. The quality report is based on the EU's SIMS model. The documentation also contains change releases describing changes in the statistics and possible specifying methodological descriptions.
If you are looking for statistical figures for these statistics, go to the statistics page: Decisions by the prosecutor
Quality report
Data description (SIMS 3.1)
The statistics have been discontinued. The statistics on decisions by the prosecutor are comprised of two parts: statistics on cases concluded by the prosecutor and statistics on waived charges. The first mentioned part contains data on cases concluded by the prosecutor and on decisions of the prosecutor by prosecuting office and offence. The latter part contains data on consequentially waived charges and on charges waived on other grounds by reason for the waving. The statistical unit in the statistics on cases concluded by the prosecutor is the case, while in the statistics on waived charges it is the person against whom charges have been waived.
Concepts and definitions (SIMS 3.4)
Accused
A party for whom punishment is sought in a court of justice on the basis of a suspected offence. The accused person can also be called the defendant.
Case processing time
Case processing time refers to the time elapsed until the case has been decided. The time is counted from the day the case was filed to the day of the decision.
Charge
Charges must be brought if there is probable cause to suspect that a person is guilty of an offence. After the pre-trial investigation the matter is transferred to the prosecutor who considers whether charges will be brought. The prosecutor evaluates whether an act fulfils the essential elements of an offence and if there is sufficient evidence.
Consideration of charges
When considering the charges the prosecutor decides, on the basis of the material compiled during the pre-trial investigation, whether prosecution is warranted. The prosecutor must evaluate if an act fulfils the essential elements of an offence and secondly if, on the basis of the material compiled during the pre-trial investigation, there is probable cause to support the suspicion of guilt, in other words the existence of sufficient evidence. If the prosecutor finds sufficient evidence, he/she must decide whether or not to bring charges in the matter in a court of justice. With certain conditions as set out in law the alternatives to pressing charges are issuing of a summary penal judgment or decision to waive prosecution.
Grounds for non-prosecution
Grounds on which a prosecutor may decide not to prosecute include the following: - The act is not an offence; the act does not fulfil the essential elements of an offence and the law provides no punishment for it. - No evidence; there is not sufficient evidence of guilt. - The right to institute criminal proceedings has fallen under the statute of limitations: charges must be brought within the time period specified in the Penal Code. - No right to institute criminal proceedings: in certain cases the prosecutor's right to institute criminal proceedings is limited. - The public prosecutor may decide not to prosecute where a penalty more severe than a fine is not anticipated for the offence and the offence is deemed of little significance in view of its detrimental effects and the degree of culpability of the offender manifest in it - Non-prosecution on grounds of insignificance is provided for in chapter 1, section 7, sub-section 1 of the Criminal Procedure Act. - The public prosecutor may decide not to prosecute where a person under 18 years of age has committed the offence and a penalty more severe than a fine or imprisonment for at most six months is not anticipated for it. Additionally, the offence must be deemed to be the result of lack of judgment or incaution rather than heedlessness of the prohibitions and commands of the law. - Non-prosecution on grounds of young age is provided for in chapter 1, section 7, sub-section 2 of the Criminal Procedure Act. - Unless an important public or private interest otherwise requires, the public prosecutor may, in addition to the events referred to in section 7, not prosecute where the trial and punishment are deemed unreasonable or pointless. When evaluating such grounds, a settlement reached by the offender and the injured party, some other action of the offender to prevent or remove the effects of the offence, the personal circumstances of the offender, the other consequences of the offence to the offender, the welfare or health care measures undertaken and the other circumstances must be taken into consideration. - Non-prosecution on grounds of reasonability is provided for in chapter 1, section 8, sub-section 1 of the Criminal Procedure Act. - The public prosecutor may decide not to prosecute if, under the provisions on joint punishment and the consideration of previous punishments in sentencing, the offence would not have an essential effect on the total punishment. - Non-prosecution on grounds joint punishment is provided for in chapter 1, section 8, sub-section 2 of the Criminal Procedure Act. The prosecutor may decide to not prosecute also on grounds of: chapter 9, section 7, chapter 21, section 17(repealed 2004/712, entry into force 1.10.2004) chapter 35, section 7 and chapter 50, section 7 of the Penal Code.
Penal order
A penal order refers to a decision by which the public prosecutor imposes a fine and forfeiture on the basis of an order for a fine or punishment. An order for a fine or punishment is issued by a police officer. An order for a fine refers to an order given to the suspect by which a fine and forfeiture are demanded of him or her for the violation. An order for punishment refers to a fine or summary penal fee served to the suspect and an order concerning a forfeiture in a situation where the suspect is not willing to process the matter in proceedings according to the Act on the imposition of a fine and summary penal fee (754/2010). A police officer can also issue a fine. A fine refers to a pecuniary penalty imposed by a police officer. A fine can be a pecuniary penalty or a forfeiture of at most 20 day fines and it can be imposed for infractions of the acts and regulations listed in Chapter 1, Section 3, Sub-paragraphs 1 to 13 of the Act on the imposition of a fine and summary penal fee (754/2010). A fine can be ordered for infractions for which not a more severe penalty is provided than a fine or imprisonment for at most six months. In addition to a fine, a forfeiture of EUR 1,000 can be ordered. Processing the matter in the procedure according to the imposition of a fine and summary penal fee (754/2010) requires the assent of the injured party and the meaning of the assent has to be explained to the injured party when requesting the assent.
Work account
The work account refers to cases pending during the year. It shows cases transferred from the previous year, cases which have arrived during the year, solved cases, and cases transferred to the following year. Cases transferred from the previous year have been instituted before the statistical year. Cases transferred to the following year have arrived during the statistical year or earlier and have not been decided yet.
Institutional mandate (SIMS 6)
The compilation of statistics is guided by the Statistics Act. The Statistics Act contains provisions on collection of data, processing of data and the obligation to provide data. Besides the Statistics Act, the General Data Protection Regulation, the Data Protection Act and the Act on the Openness of Government Activities are applied to processing of data when producing statistics.
Statistics Finland compiles statistics in line with the EU’s regulations applicable to statistics, which steer the statistical agencies of all EU Member States.
Further information: Statistical legislation
Quality assurance (SIMS 11.1)
Quality management requires comprehensive guidance of activities. The European Statistics Code of Practice forms the basis for the common quality system of the European Statistical System.
The Code of Practice is based on 16 principles that concern statistical authorities' independence, accountability and the quality of the processes and data to be published.
The principles are in line with the Fundamental Principles of Official Statistics approved by the United Nations Statistics Commission and are supplementary to them. The quality criteria of Official Statistics of Finland are compatible with the European Statistics Code of Practice.
Further information:
Release calendar (SIMS 8.1)
Statistics Finland publishes new statistical data at 8 am on weekdays in its web service. The release times of statistics are given in advance in the release calendar available in the web service. The data become public after they have been updated in the web service.
Further information: Publication principles for statistics at Statistics Finland
User access (SIMS 8.3)
The data are released to all users at the same time. Statistical data may be processed at Statistics Finland and information on them may be given before release only by persons involved in the production of the statistics concerned or who need the data of the statistics concerned in their own work before the data are published.
Further information: Publication principles for statistics
Unless otherwise specifically stated in connection with the product, data or service concerned, Statistics Finland is the producer and copyright owner of the data.
Further information: The terms of use for statistical data
Confidentiality - policy (SIMS 7.1)
The data protection of data collected for statistical purposes is guaranteed. The compilation of statistics is guided by the Statistics Act. Alongside the Statistics Act, the EU’s General Data Protection Regulation (eur-lex.europa.eu) and the Finnish Data Protection Act (Finlex.fi) are applied to the processing of personal data. Provisions on the confidentiality of data collected for statistical purposes are laid down in the Act on the Openness of Government Activities (Finlex.fi).
The data are processed only by persons who need the data in their work. The use of data is restricted by usage rights. All persons employed by Statistics Finland have signed a pledge of secrecy, where they have obliged to keep secret the data prescribed as confidential by virtue of the Statistics Act or the Act on the Openness of Government Activities.
Further information: Data protection