The Law Association suggests: more stuff for discussion, even if the accused is not in the hall
Trials|According to the lawyer, more serious crimes could be dealt with without the presence of the accused. Currently, sessions are huge, over a third, when the accused will not be there.
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The Law Association proposes that courts could handle more serious crimes without the presence of the accused.
Sakari Melander, chairman of the union, says the change will speed up litigation and bring savings.
Up to 40 % of sessions are canceled in the Helsinki metropolitan area due to the absence of accused.
According to the proposal, the absently accused could be sentenced to a year’s punishment instead of the current three months.
Lawyer Proposals a new way to proceedings that would speed up the processing and bring savings. It suggests that more serious crimes could be dealt with in court without the accused being present in the courtroom.
« The clearest benefit would be to reduce the duration of the trial. Delay in trials is currently a key problem in Finland, » says Sakari MelanderChairman of the Law Union and Professor of Criminal Justice.
For example, many accused people do not want, be unable or care about when he or she is dealt with. However, the starting point for the trial is the obligation of the accused.
« Often the question is that the defendant is not willing to contribute to his or her case and use his or her opportunity to be heard, » he describes.
Then, when the accused does not appear in the hall, the trial is canceled and the new day of the session will be ordered for a future, for example, months away. It causes unnecessary work, paying and slowing down the criminal process.
With canceled The number of sessions is huge as over a third of sessions are canceled. On average, sessions canceled in the Helsinki metropolitan area account for about 40 %, according to the Ministry of Justice’s evaluation memo.
« If legal processes can be streamlined, this will also have a positive financial impact, as the costs of the trials will also increase, » Melander says.
The Law Association now proposes that the accused of a lawsuit may be sentenced to a longer penalty for the crime he is prosecuted.
It is now three months, but the Law Association proposes that it be raised in one year. According to the union, such regulation would allow, for example, the handling of certain financial crimes and also more serious property crimes without the presence of the accused.
By chance prosecutor Ari-Pekka Koivisto Pay attention to the same absence problem in a recent lawyer news release.
« It would be a good idea to introduce an automated electronic message from the District Day to the parties.
Melander, for his part, states that the change would not jeopardize legal protection, as the accused would, after notification of the challenge and the summons of the summons, have the opportunity to decide for his or her participation in the trial as they wish.
At the same time, he points out that not all crimes can, of course, be treated in the absence of the accused.
« It is clear that in the case of the most serious crimes, it is necessary to safeguard the presence of the accused in the proceedings, because the importance of legal protection at that time has become more pronounced and personal consultation to resolve the matter is essential. »
At the same time, the Law Association wants to clarify the conditions for absenteeism in order to consist in consistent law in different courts.