The criminal process is often an exciting and even frightening experience for those involved. In a criminal process, one deals with the police, the prosecutor, and the court, often for the first time in one's life.
Assisting in criminal cases requires precision, experience, and a human-centred approach. We understand that a criminal case isn't just a legal process for you; it involves uncertainty and worry about the future. Our criminal lawyers and defence attorneys will support you through all stages of the criminal procedure – from the preliminary investigation to the court trial and appeals.
How does the criminal process proceed?
A criminal process begins with a criminal investigation, or preliminary investigation, which the police initiate if there is reason to suspect a crime. During the preliminary investigation, the course of events is clarified: the police question the suspect, the injured party, and witnesses, and gather the necessary written material. The collected information is compiled into a preliminary investigation report, which remains secret during the investigation and only becomes public during court proceedings.
When the preliminary investigation concludes, the case is transferred to the prosecutor for a decision on charges. The prosecutor will only bring criminal charges if there are probable grounds to support the suspect's guilt. This so-called threshold of prosecution is always higher than the degree threshold.
If charges are brought, the case will proceed to court for a main hearing, where the matter will be decided in the first instance.
Defending a suspect of a crime
It is often particularly important for the suspect or respondent to contact a criminal barrister or criminal lawyer at an early stage of the pre-trial investigation, before the police interview the suspect for the first time. Using a legal representative at an early stage improves the chances of defence in later stages and ensures that all matters relevant to the client's legal protection are taken into account during the investigation. One can also turn to a legal representative at the trial stage, but the sooner assistance is sought, the better the course of the case can be influenced.
Even if the suspect admits to the act for which punishment is sought, using an assistant is often still justified. A skilled criminal lawyer will ensure that the court assesses the case correctly and that any mitigating factors or alternative penalties (for example, a fine, community service, or a suspended sentence) are considered.
If a suspect in a crime meets the conditions for legal aid, the state will pay the assistant's fee either in full or in part.
The assistant supports and defends their client from start to finish. The assistant ensures that the account of the suspect is presented clearly and coherently, presents the necessary evidence, and responds to the prosecutor's demands. The defence lawyer also ensures that lawful procedures are followed in the court proceedings and that the client's rights are not overlooked or violated during the process. If a change to the court's decision is sought, the assistant will draft an appeal to the Court of Appeal or the Supreme Court.
Assisting a victim of crime, i.e. the aggrieved party
It is often advisable for the victim of a crime, i.e., the private prosecutor, to also turn to a criminal defence lawyer or criminal law specialist as early as possible. In Finland, the role of the private prosecutor in a criminal case is strong compared to many comparable countries. The private prosecutor not only has the right to demand punishment for the perpetrator and claim damages, but also an independent right to prosecute.
Unlike a suspect in a crime, the victim often has the right to have the costs of using legal assistance covered by legal expenses insurance included in their home insurance. We will check for you whether your insurance may be applicable.
The assistant will help you with both the preliminary investigation and the court proceedings, will draw up the necessary statement of claim, will appear in court and will ensure that your legal protection is realised in the best possible way.
Involved in a crime? – contact us
If you find yourself involved in a criminal matter – whether you are a suspect or the aggrieved party – do not face it alone. Professional legal assistance and the use of a representative from the early stages of the preliminary investigation can determine the entire direction of the case.
Our office's criminal law matters are handled by lawyer Santeri Valkamo.
