Processing of notifications made by the judicial authorities
Notifications of suspected offences in office by a judge
Courts of Appeal, the police and prosecutors submit notifications of suspected offences in office by a judge to the Chancellor of Justice, who will assess whether the notifications give rise to taking measures pertaining to the criminal procedure or supervision of legality. Under the Constitution of Finland, only the Chancellor of Justice or the Parliamentary Ombudsman have the power to prosecute a judge for an offence in office. However, most notifications of suspected offences in office by a judge are referred for assessment by the Chancellor of Justice.
Under the Courts Act, the courts of appeal are obligated to inform the Chancellor of Justice on the matters that have come to their knowledge that may lead to a charge for an offence in public office being brought in a court of appeal.
The Chancellor of Justice has asked the police to submit notifications of any suspected offences in office by a judge under investigation by the police. The prosecutor is also required to inform the Chancellor of Justice of any cases or notifications concerning a suspected offence in office by a judge referred to the prosecutor. The aim is that the Chancellor of Justice will be informed of any reports of offences without delay and may address the matter in his role as a prosecutor or guardian of the law as appropriate. The police are responsible for conducting the pre-trial investigation and ensuring its completion as normal. If the police will not conduct the pre-trial investigation or the Chancellor of Justice will not prosecute the case, the Chancellor of Justice will further assess whether the conduct of the court nevertheless gives rise to taking other supervision of legality measures.
Notifications of suspected offences in office by prosecutors
The Chancellor of Justice processes notifications by the authorities of suspected offences in office by prosecutors. In cases concerning an offence in office committed by a prosecutor, the Chancellor of Justice, the Parliamentary Ombudsman or a prosecutor appointed by them will prosecute the matter.
The Chancellor of Justice has asked the police to submit notifications of any suspected offences in office by a prosecutor under investigation by the police. The aim of this obligation to notify is that the Chancellor of Justice will be informed of any reports of offences without delay and may address the matter in his role as a prosecutor or guardian of the law as appropriate. The police are responsible for conducting the pre-trial investigation and ensuring its completion as normal. If the police will not conduct the pre-trial investigation or the Chancellor of Justice will not prosecute the case, the Chancellor of Justice will further assess whether the conduct of the court nevertheless gives rise to taking other supervision of legality measures.