The criminal procedure in a case of suspected violence against a child is initiated when the police are informed of the suspicion. In the criminal procedure, the police investigate whether someone has committed an offence. The criminal procedure consists of
- pre-trial investigation
- consideration of charges
- trial
- enforcement of the punishment.
The police are responsible for conducting a pre-trial investigation of the offence. However, executive assistance between the authorities is still important so that the possible offence can be resolved.
Pre-trial investigation and a child in a pre-trial investigation
A suspected criminal offence usually comes to the attention of the police when the victim, a third party or an authority reports it. Before starting a pre-trial investigation, the police must carry out a preliminary inquiry to ensure that no one is deemed a suspect without a reason. If the threshold for a suspected criminal offence is exceeded and the right to prosecute an offence still exists, the police will initiate a pre-trial investigation by decision of the head of investigation.
The course of a pre-trial investigation
In the pre-trial investigation, the police investigate the criminal offence and the circumstances in which it was committed, the parties and all matters that the prosecutor needs for the consideration of charges.
Questioning is one of the most important methods of pre-trial investigation. The police may also acquire information by means of
- expert opinions
- crime scene investigations
- forensic laboratory examinations
- coercive measures such as house searches, confiscations, telecommunications surveillance or by arresting a person.
The police observe the principles of fairness, impartiality and objectivity in the investigation of offences. The rules include
- presumption of innocence, i.e., no one is considered guilty until the offence has been proven
- burden of proof on the prosecutor, i.e., the obligation of the prosecutor to prove the charge
- giving the suspect the benefit of doubt, i.e., matters that remain unclear will be resolved in the interest of the accused.
When the pre-trial investigation ends, the police will submit the documents to the prosecutor for a consideration of charges. The consideration of charges may be followed by a trial and the enforcement of the punishment. However, the police may also decide to end the pre-trial investigation if
- the investigation has revealed that no offence has been committed
- no one can be prosecuted.
Criminal Investigation Act (805/2011)
In his decision of 17 March 2025 (reg. no. EOAK/2634/2024, in Finnish), the Parliamentary Ombudsman stated that a pre-trial investigation must not constitute an obstacle to therapy. "The goals of therapy are different from those of a pre-trial investigation. As a rule, a healthcare professional can, however, be considered to understand how to act in therapy so that it does not harm the pre-trial investigation, in which the purpose is to collect as good and reliable information as possible on what has happened. The police should therefore make it clear and explicitly mention that the pre-trial investigation is not an obstacle to therapy insofar as such a question arises.”
Parliamentary Ombudsman 17 March 2025 (oikeusasiamies.fi, unofficial translation)
A child as a victim of an offence
As a victim of an offence, or the injured party, a child has the same rights and obligations as other injured parties.
- The child is entitled to compensation for the damage caused to them.
- The child has the right not to answer questions posed to them.
- The child has a duty to be truthful.
Investigating the offence must not cause additional damage to the child. The child must be treated according to their age and level of development. When necessary, the police must consult with a physician or other expert on whether investigation measures can be directed at a child.
Guardianship of an underage victim
If the victim is under 15 years of age, the person who has custody of the child or other legal representative represents them and exercises the child’s right to speak in the pre-trial investigation and the trial. However, the head of investigation may apply for a guardian for the child if
- a parent or other person who has custody of the child is suspected of violence against the child
- a parent or other person who has custody of the child refuses to take the child to the required examinations
- a parent or other person who has custody of the child has a close relationship with the suspect, for example, the suspect is the parent’s spouse or cohabiting partner.
A minor aged 15 or over also has the right to speak independently in addition to their representative.
(Criminal Investigation Act, chapter 4, section 8)
(Code of Judicial Procedure, chapter 12, section 1)
The injured party may be given a trial counsel and a support person
The court may appoint a trial counsel for the injured party of a sexual offence, homicide or assault for the pre-trial investigation and the trial.
A support person with sufficient competence may also be appointed for the injured party. A support person should be appointed for the victim of an offence if the victim does not submit claims for compensation for the offence.
If the victim claims compensation, a trial counsel must be appointed for them. A child’s trial counsel and guardian may be the same person.
Questioning a child
As a rule, the questioning of a child must be carried out by police officers who are familiar with the task. The head of investigation may also decide that an expert in hearing children poses the questions to the child and the questioning takes place under the supervision of the police. The investigating officer may prohibit the person who has custody of the child or the child's guardian from being present while the child is being questioned.
Cooperation between the authorities in investigating suspected violence against a child (in Finnish)
(Criminal Investigation Act, chapter 4, sections 7 and 14)
When the child is questioned, the atmosphere in the situation should be such that it is easy for the child to speak freely.
The police record the questioning
The police record the child’s questioning as a video or audio recording. A child aged under the age of 15 is not heard in the actual trial. The suspect must therefore be given an opportunity to participate in the questioning in a way that enables the suspect to pose questions to the child.
The police present a recording of the hearing of the child to the suspect and their counsel, in which connection they are given an opportunity to pose their own questions to the child. The same person that carried out the hearing of the child earlier then poses the suspect’s questions to the child. This questioning is also recorded.
The recording provides the best possible information on what the child has said and how during the questioning. In addition, it is also possible to indisputably ascertain the conditions during the questioning and the questioning methods afterwards
(Criminal Investigation Act, chapter 9, section 4)
Consideration of charges
When the pre-trial investigation is completed, the police submit the matter to the prosecutor for a consideration of charges. Based on the pre-trial investigation, the prosecutor considers whether the matter requires bringing charges. In this case, there must be probable reasons supporting the suspect’s guilt.
In order to bring charges,
- the prosecutor must conclude that the probability of guilt is over 50%
- the prosecutor must assess that a sentence in the matter is more likely than dismissing the charges.
(Criminal Procedure Act, chapter 1, section)
If there is enough evidence to prosecute, the prosecutor prepares an application for a summons to be submitted to the court. If there is insufficient evidence to prosecute, the prosecutor draws up a reasoned decision not to prosecute.
Trial
The trial takes place in the district court of the locality where the offence was committed. A written invitation is sent to the victim, the suspect and the witnesses.
As a rule, a person under the age of 15 is no longer heard at the trial stage. In sensitive cases, such as sexual offences, proceedings are most often held in camera at the request of the prosecutor or the victim.
The proceedings are direct, oral and centralised. This means that
- the same judge and three lay members are present throughout the proceedings
- only the oral evidence presented in court is taken into account
- an attempt is made to process the case in one continuous processing.
The course of the proceedings is as follows:
- Recording attendance
- Prosecutor’s charge
- Claims of the injured party, i.e. the victim
- Comment by the defendant, i.e. the suspect, on the requirements
- Presentation of the matter by the prosecutor
- Statements by the injured party and the defendant
- Presentation of evidence
- Closing arguments of parties
- Discussion of the sentence
- Consideration of the decision
- Pronouncement of judgement and guidance on appealing
The threshold for sentencing is high and clearly higher than the threshold for initiating a pre-trial investigation or bringing charges. The high threshold for sentencing is justified because a wrongful conviction is significantly more detrimental to the person concerned than a wrongful acquittal is for society.
If the processing proceeds to several court instances, the whole process may take several years.
Cooperation between authorities
The actual responsibility for investigating offences lies with the police. The Criminal Investigation Act requires that the police also lead the investigation of the offence. The law clarifies the roles of the different authorities and increases the legal protection of all parties.
Cooperation between the other authorities and the police is based on mutual executive assistance. Other authorities have an obligation to provide executive assistance to the police.
(Police Act, chapter 9, section 2)
The police have the right to obtain the required information and documents from a public authority or a body assigned to perform a public function, such as a private child welfare institution or family home, free of charge and notwithstanding the obligation to secrecy.
(Police Act, chapter 4, section 2)
Child welfare also has the right to obtain the necessary information from other authorities. Other authorities must disclose, free of charge and notwithstanding the obligation to secrecy, any information that
- has an essential impact on a social welfare client relationship
- are necessary to enable the social welfare authority to carry out its statutory duty.
(Act on the Processing of Client Data in Healthcare and Social Welfare (703/64, section 64))
There is a guideline for the child welfare authorities on obtaining and disclosing information in child welfare (Tiedon saaminen ja luovuttaminen lastensuojelussa, in Finnish).
In healthcare, the forensic psychiatry and psychology units for children and young people also have an extensive right of access to information when investigating suspected violent offences against children as executive assistance.
(Act on Organising the Investigation of Sexual and Assault Offences against Children (1009/2008 section 4)
The police may request executive assistance from the forensic psychiatry or psychology units for children and young people of university hospitals. The activities are described in more detail on the barnahus.fi website. More information is also available in the publication Lasten ja nuorten oikeuspsykologian ja -psykiatrian yksiköiden toiminta ja toiminnan periaatteet Suomessa (Julkari, in Finnish).
Tasks of child welfare
When violence against a child is suspected, the task of child welfare is to
- assess the child’s need for child welfare measures
- organise support measures
- ensure the child’s safety.
Child welfare must assess the child welfare notification and take the necessary measures based on it. During the investigation of the suspected offence, the authority responsible for child welfare assesses
- the child’s situation
- the child’s and family members’ need for help and support
- the need to place the child in out-of-home care.
Investigating the need for child welfare (in Finnish)
Child welfare measures may not be necessary if
- it is obvious that the possible violence against the child has taken place outside the family
- the parents look after the child’s wellbeing
- possible support will be arranged in other ways.
If necessary, in addition to the criminal matter, a guardian may also be sought for the child in a child welfare matter.
Guardianship in child welfare (in Finnish)
Information about a guardian (A child in a pre-trial investigation)
Time limits and their coordination in the authorities’ processes
With the exception of coercive measures, the law does not lay down any time limits for the stages of the criminal procedure.
The general guideline for the police is that pre-trial investigation measures must be initiated without delay when a party to a criminal matter is a child. In practice, the police services have to prioritise cases based on the nature of the suspected offences.
Child welfare activities, on the other hand, are regulated by the prescribed times laid down in the Child Welfare Act. For example, the assessment of the need for services must be carried out and the need for child welfare investigated within the prescribed time.
Prescribed times in child welfare services (in Finnish)
If violence against a child is suspected, what the child says is important from the perspective of both the pre-trial investigation and child welfare. Both authorities need an opportunity to hear the child’s story. From the child's point of view, it is advisable to carry out the hearing of the child by avoiding a situation in which different professionals hear or interview the child repeatedly about the same matters. The situation is further complicated by the authorities’ processes that progress at different paces.
The authorities must work in close cooperation and ensure the flow of information so that matters can be discussed and agreed in a manner that is in the best interests of the child.
As the authority responsible for child welfare is responsible for the child’s safety in a case of suspected violence, it cannot refrain from investigating the child’s situation even if the criminal investigation has not yet been completed. In acute situations, the authorities should also take care of the child’s safety in close cooperation so that the child’s safety can be ensured and the pre-trial investigation can be carried out as well as possible.
The information obtained on the suspected offence during the pre-trial investigation may serve as a justification when the authorities consider possible child welfare measures.
Child welfare support measures in open care (non-residential care) (in Finnish)
Emergency placement (in Finnish)
Organising local cooperation
The authorities must create local structures and cooperation models so that all actors know both their own and others’ responsibilities and tasks in investigations of suspected violence against a child.
At least the following matters must be agreed locally:
- How can the authorities consult each other in cases of suspected violence against a child?
- How do the authorities submit the notifications to the police? How have the local police arranged the reception and processing of the notifications?
- How has the processing of child welfare notifications related to suspected sexual and physical abuse of children been arranged in child welfare?
- How have child welfare and the police organised their cooperation? How do they ensure the necessary exchange of information between the authorities?
- How have the somatic examinations that may be urgently needed been organised in healthcare? The possibility of consultation must be ensured especially for emergency examinations.