Witness

A person who has first-hand observations or information regarding a suspected offence may be called as a witness during the pre-trial investigation and trial. In criminal proceedings, the particulars of the incident described in the charge are often unclear or disputed.  The parties attempt to prove how the events proceeded in their opinion.  Witnesses named by the parties play a key role in this process.

You cannot refuse to give evidence if you have been called as a witness by the prosecution.

However, there are some matters that you do not need to testify about, or indeed must not testify about. For example, a doctor cannot usually disclose a patient’s sensitive medical information without the patient’s consent, nor can a priest reveal what they have learnt during confession without the penitent’s consent. A close relative of the person concerned may also refuse to give evidence.

The court decides whether there are grounds for refusal.

As a witness in a trial

The examination of witnesses is an oral and direct process; in other words, it takes place in court through the giving of evidence. Transcripts of interviews recorded during the pre-trial investigation are only read out in court in exceptional circumstances.

The witness receives a summons to the trial from the district court. If a witness has an insurmountable legal impediment, the proposed date may be changed. It may also be possible to testify remotely.

You can read more about being a witness on the oikeus.fi website.

A witness called by a prosecutor is compensated from State funds for travel expenses and loss of income; a per diem is also paid. The other parties are responsible for compensating the witnesses they have named.

Obligation to tell the truth

A witness at a trial is under a strict obligation to tell the truth, due to which they must give an oath of truth the court before being questioned. The witness is under an obligation to answer any questions made and to give an account of what else they know about the matter.

Threatening a witness or inciting or persuading a witness to make an untruthful statement is subject to severe punishment. The pre-trial investigation authorities, prosecutors and courts have various ways of ensuring the safety of a witness.  In the most severe cases, a witness can be heard anonymously, i.e. so that their identity is not revealed to the parties.