Law of Evidence at Finland
In Finland, the Law of Evidence is primarily governed by provisions within the Code of Judicial Procedure (Oikeudenkäymiskaari). Here are some key points about how evidence law functions in Finland:
📘 General Features of Finnish Law of Evidence
Inquisitorial System
Finland follows a civil law tradition with an inquisitorial system, meaning judges play an active role in guiding the collection and presentation of evidence.
Free Evaluation of Evidence
Finnish courts follow the principle of free evaluation of evidence (vapaan todistusharkinnan periaate). This means that judges are not bound by formal rules on the weight of evidence—they assess all evidence based on their own conviction.
Types of Evidence Accepted
Witness testimony
Documentary evidence
Expert opinions
Physical evidence
Electronic evidence is also admissible, subject to general relevance and reliability.
No Formal Rules of Admissibility
Unlike common law countries, Finland has no rigid rules like the hearsay rule. Evidence is generally admissible if it is relevant to the case.
Witnesses and Oaths
Witnesses can be compelled to testify.
They are required to take an oath or affirmation.
Certain close relatives of the accused may refuse to testify in criminal cases.
Presumption of Innocence & Burden of Proof
In criminal cases, the prosecution bears the burden of proof.
The standard is beyond reasonable doubt (ei jää varteenotettavaa epäilystä).
In civil cases, the standard is typically a preponderance of evidence.
Electronic and Digital Evidence
Widely accepted if properly authenticated.
Finland complies with EU regulations regarding digital forensics and data protection.
📜 Key Legal Text
Oikeudenkäymiskaari (Code of Judicial Procedure)
Especially Chapters 17 and 5 for evidence-related rules.
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