Laki oikeudenkäynnistä rikosasioissa (689/1997), 5 luku 3 §

Official statutory reference. This post summarises the statutory requirements for a criminal charge application and the evidence submitted in support of it. The explanatory text below is a summary, not a verbatim reproduction of the provisions.

Chapter 5, section 3 — contents of the charge application

Laki oikeudenkäynnistä rikosasioissa (689/1997), 5 luku 3 § — Haastehakemus.

The charge application must identify the defendant and injured party, describe the act alleged with the time and place and other information needed to describe it, state the offence the prosecutor considers the defendant to have committed, and set out the claim and legal provisions relied on. It must also identify the evidence the prosecutor intends to present and explain what each item of evidence is intended to prove, together with the other information required by the provision.

Official text: Finlex — Laki oikeudenkäynnistä rikosasioissa 689/1997, Chapter 5, § 3.

Chapter 5, section 4 — materials submitted to the court

Section 4 provides that the prosecutor must submit to the court the pre-trial investigation record, written evidence, objects intended to be used as evidence, and other documents necessary for handling the case, together with the charge application or without delay after the charge has been brought.

This provision is particularly relevant where an object is itself intended to be used as evidence. It does not, by itself, establish that every object mentioned in an allegation must necessarily be presented as a physical exhibit; the statutory wording concerns objects intended to be used as evidence. The case file must be checked to establish what was listed, relied upon and submitted.

Official text: Finlex — Chapter 5, § 4.

Related provision — the court is bound by the act, not the offence label

Chapter 11, section 3 provides that the court may impose a sentence only for the act for which punishment has been sought; the court is not bound by the prosecutor’s offence label or cited statutory provision.

Official text: Finlex — Chapter 11, § 3.

How this applies when an alleged instrument is mentioned

If the prosecution alleges that a particular object was used, the relevant questions are whether the alleged act is described sufficiently in the charge, what evidence is listed to establish the object’s identity and role, what each item is intended to prove, and whether an object intended to be used as evidence was submitted to the court under section 4.

The statutory text does not state a universal rule that every alleged instrument must always be identified by manufacturer, model, dimensions, weight or photograph. Those details may nevertheless matter to the factual issue in a particular case, depending on the allegation and evidence relied upon.

Checklist for examining the record

What exact act does the charge allege?
Is the alleged object named specifically or only by a generic term?
Which evidence is listed to prove the identity, dimensions or role of the object?
What is each item of evidence intended to establish?
Was the object itself intended to be used as evidence, and if so, is its submission to the court documented?
Does the judgment’s finding about the object correspond to the act alleged and the evidence actually discussed?

This post is a research summary, not legal advice. The Finnish statutory text on Finlex is authoritative.