Trial in Finland
The proceedings before a court are called a trial. Cases before the General Courts are either civil or criminal. Civil proceedings are used to settle legal disputes between two parties, for example a person's claim for damages from another person.
In criminal proceedings, the parties are the accuser and the person suspected of the crime. The court decides whether the suspect is guilty of the crime he or she is accused of and imposes a sentence or acquits the person of the crime. The victim of the crime also has a claim in the court proceedings.
Civil litigation
A civil case is a dispute between individuals or businesses. If a person is entitled by law to require another person to perform something which that person does not voluntarily agree to do, he or she can take the matter to court for a decision. The claim may relate, for example, to payment of a debt, breach of contract, damages or the return of an unjust enrichment.
The proceedings begin when the claimant files a written statement of claim at the court registry. It must explain, among other things, what is claimed and from whom, and state the grounds for the claim. The court serves a summons on the defendant, either by post or through a bailiff.
The defendant is asked to reply in writing to the summons within a specified period. In his reply, the defendant must state whether he accepts or rejects the claims set out in the application. If the defendant contests the claims, in whole or in part, he must state the grounds for contesting them and indicate the evidence with which he intends to prove the case.
If the defendant does not respond to the summons, the case is usually settled by a unilateral decision, which means that the proceedings end there. This is in fact what happens in most civil cases.
If the defendant in his reply contests the claims against him, the case becomes moot and the court proceedings continue. In the course of the proceedings, it is also for the judge to examine the possibility of conciliation. If the parties reach a settlement, the court may confirm it. If no agreement is reached, the court will finally decide the case on the basis of the evidence presented by the parties. In a civil case, no one is punished, but the court decides what is a fair result under the law.
Amos Legal Office and Legal Proceedings
We have over 20 years of experience in litigation.
Our goal in conflict resolution is to find the most reasonable solution for our clients. A mediation process may also be considered. Achieving an optimal outcome requires consistent representation of the client's interests and a thorough understanding of the specifics and facts of the case. Dispute resolution options include litigation in the courts and alternative methods such as arbitration and special conciliation.
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Article by Tuula Rainto, lawyer. [email protected]