After the prosecutor’s decision

The involved party’s right to prosecute

After a decision has been made by the prosecutor, the the injured party has the right to bring charges independently and submit the matter to the court for proceeding. In such cases, the injured party conducts the proceedings at their own responsibility.

An injured party who is dissatisfied with the prosecutor’s decision may bring charges independently if:

• the head of investigation or the prosecutor has decided that no pre‑trial investigation will be conducted
• the prosecutor has decided to suspend or end the pre‑trial investigation or
• the prosecutor has decided not to bring charges.

Amendment of the prosecutor’s decision in criminal matters when significant new information is received

If the prosecutor receives substantial new information after making a decision, the prosecutor may amend their earlier decision as follows:

• If the prosecutor has decided not to bring charges, they may revoke that decision if new information emerges showing that the decision was based on substantially incomplete or incorrect information.
• If the prosecutor has decided to restrict the pre‑trial investigation, the investigation may be resumed if there is justified reason to do so based on new information.
• After charges have been brought, if circumstances emerge that would have entitled the prosecutor not to bring charges in the first place, the prosecutor may, in certain situations, withdraw the charges.

In such cases, a reasoned request for amendment containing the new information should be submitted to the prosecutor who decided the matter. Requests addressed to the prosecutor may be submitted by email to the prosecution district in which the matter was decided. Note that the National Prosecution Authority operates in Finnish and Swedish, and thus the requests must be submitted in either of these languages.

Amendment of decisions concerning pre‑trial investigation in criminal matters involving the police

Decisions made by a prosecutor concerning pre‑trial investigations may also be amended in cases involving alleged offences committed by police officers. In such cases, a reasoned request for amendment, including any new information, should primarily be submitted to the deciding prosecutor acting as the head of the pre‑trial investigation.

Requests addressed to the prosecutor acting as the head of investigation may be submitted by email to the Police crimes unit of the Office of the Prosecutor General or to the prosecution district in which the matter was decided.

If the prosecutor acting as the head of investigation has decided not to start a pre‑trial investigation or has ended it, the injured party may also request that the prosecutor responsible for prosecutorial duties orders a pre‑trial investigation to be conducted.

In this case as well, a reasoned request concerning the matter should be submitted to the Police crimes unit of the Office of the Prosecutor General. The request will then be forwarded for decision to the prosecutor responsible for prosecutorial duties in the matter. A request addressed to such a prosecutor concerning an order to conduct a pre‑trial investigation may be submitted by email to tutkinta.valtakunnansyyttaja.syyttaja@oikeus.fi. Note that the request must be made in Finnish or Swedish.

Complaint to the Prosecutor General

A complaint concerning a decision made by a prosecutor, or concerning a prosecutor’s conduct or omission, may be submitted to the Prosecutor General if:

• there is a justified reason to request an amendment of the prosecutor’s decision or
• the prosecutor has not acted lawfully or in accordance with their duties.