Minors in criminal proceedings
A minor as the victim of crime or injured party
There is no minimum age for being an injured party in a criminal offence. In certain cases, an injured party under the age of 18 has the right to speak in a criminal matter, but in most cases their guardian has at least a parallel right to speak.
If a person under the age of 18 is a victim of a sexual offence or human trafficking, they are not, as a rule, required to testify in court in person; instead, a recording of their interview made during the pre-trial investigation, for example, may be used in the trial if necessary.
Similarly, if a person under the age of 15 is a victim of or witness to a crime, thay are not heard in person at the trial; instead, material gathered during the pre-trial investigation, for example, may be used at the trial if necessary.
You can read more about the role of minors in the criminal process on Victim Support Finland’s website. The Victim Support Finland website also provides guidance for parents on supporting a child or young person who fallen victim to a crime.
A trustee for when a child is a victim of crime
A child who is the victim of a crime requires their own representative in the pre-trial investigation and trial, where a conflict exists between the interests of the child and the parents. This is particularly necessary if the suspect is a member of the child’s own family. In such a case, a trustee appointed for the task, for example, can speak on behalf of a minor victim.
A person under the age of 15 is not criminally liable, but they are liable for damages
The age of criminal responsibility is 15, so anyone under that age cannot be a suspect or defendant in a criminal case. A person under the age of 15 may well be a victim of a crime, i.e. an injured party or a witness.
Although children under the age of 15 are not criminally responsible, they are liable for damages; in other words, they must compensate for any damage they cause.
A young person of 15–17 years of age suspected of or charged with a criminal offence
When a young person aged 15–17 is suspected of a crime or charged with an offence, i.e. acting as a defendant, their guardian is also summoned to attend the interview and the trial.
Young people are always entitled to legal aid. This means that they are provided with a lawyer free of charge to handle the case.
Read more about this on the Finnish courts’ website: A child or young person suspected of a crime.
Processing times for criminal cases involving minors
Under the law, the prosecutor must deal with criminal cases involving minors as a matter of urgency.
The main hearing, i.e. the trial, must commence within 30 days of the criminal proceedings being instituted, if
- a person under the age of 18 is charged with an offence for which the prescribed penalty is more than six months’ imprisonment and
- the injured party is under 18 years of age and has been the victim of a sexual offence, an offence against life or health or an offence against privacy, peace or honour.
If the scheduled main hearing has to be cancelled, the next one must be arranged within 30 days of the original date of the main hearing.
The right of a minor’s guardian to express their views
A guardian has the right to express their views, which may be helpful when considering the most appropriate sanction for the young person or when the young person, as the injured party, seeks compensation for damage caused by an offence.