How To Become A Prosecutor In Finnish Kanto

Transcription

1 Good work with great people The Finnish Prosecution Service

2 Prosecutor, Ms Maija Mononen: Independence and versatility are the best parts of my job The principal purpose of a prosecutor s job is to enforce criminal liability. As public officials, prosecutors ensure that all criminal acts are punished as intended by the law. The prosecutor is the motor of the criminal case, and the only public authority that follows the life cycle of the entire criminal matter from the report of an offence to the possible judgment, describes district prosecutor, Ms Maija Mononen. The purpose of a prosecutor s The prosecutor cooperates with the police in the pre-trial job is to enforce investigation and begins the consideration of charges criminal liability. at this stage, by assessing separately for each suspect whether a criminal offence has taken place and whether there is enough evidence for this. The consideration may result in prosecution, a decision not to prosecute, or the prosecutor may order a fine as penalty for a clear offence. Photo: Kaisa Sirén

3 In this work, you have to find the energy for the busiest days, and to have the courage to make bold decisions. The ability to A prosecutor discern what s important from has to make the mass of information available, and objectivity, which bold decisions. guarantees the just treatment of all parties, are both important qualities for a prosecutor. If a prosecutor brings a charge, he or she will prosecute the matter in a district court and after that, possibly in a court of appeal. The prosecutor may also steer the criminal matter in order for it to be handled through arbitration. Independence and versatility are the best parts of my job. I work together with other public authorities, manage paperwork at the prosecution office, and work in the courtroom. I value the fact that I can plan my work myself, and that the solutions I make are my own. Prosecutor s offices District prosecutor s office Service Bureau Ms Mononen, who comes from Rovaniemi, graduated from the University of Lapland and has worked at the Prosecutor s Office of Lapland for four years now. She manages some 350 cases per year. The majority of these fall into the domain of what is termed volume crime, but there are also some demanding largescale criminal cases. She spends two or three days in court per week. Lapland gives its own flavour to the prosecutor s work: there are more fishing and hunting offences than average, or the offences tend to be related to cross-border activities. Sessions are held in ten localities, and the distances are long. As secretary, Ms Aila Kiviniemi-Vihriälä manages the document traffic and checks the formalities of the decisions, so Ms Mononen can concentrate on her work. I think my role is very important. We work really well together, Ms Kiviniemi-Vihriälä adds. Photo: Kaisa Sirén Secretary, Ms Aila Kiviniemi-Vihriälä (left) and district prosecutor, Ms Maija Mononen work well together.

4 Special prosecutor for economic crime, Ms Malla Sunell: In this job, I have never thought to myself I already know how to do this Being a specialist helps prosecutors rise to the challenges posed by demanding criminal cases. Prosecutors that mainly concentrate on a certain field of crime have specialised the most. Special prosecutor, Ms Malla Sunell, who specialises in economic crime, has worked at the Prosecutor s Office of Helsinki for 14 years. She took the task directly from her position as a district court judge without prior experience as a prosecutor. I have found my niche. I want matters to be resolved in a just manner. Special prosecutors for Economic Crime work in close collaboration with the tax authorities and pre-trial investigation authorities, for example. Participating in a pre-trial investigation is time-consuming, but very important, as any shortcomings in the investigation are difficult to fix at a later stage. Another advantage of the participation is that you already know the case when it is brought to you for consideration of charges. Pre-trial investigation Investigating crimes i.e. pre-trial investigation, falls into the domain of the pre-trial authorities, which consist of the Finnish Police, the Finnish Border Guard, and Finnish Customs. The pre-trial investigation relies heavily on co-operation. The pre-trial investigation is managed by the officer in charge of the investigation, who is obliged to co-operate with the prosecutor. The pre-trial investigation authority drafts a record of the pre-trial investigation and sends it to the prosecutor for the consideration of charges. The prosecutor acts as the officer in charge of the investigation only in criminal offences in which a police officer or the police force is the suspect. The prosecutor may order, at the proposal of the officer in charge of the investigation, the pre-trial investigation not to be carried out or that it should stop, in case the prosecutor decides not to prosecute in any case. This is referred to as restriction of the pre-trial investigation. Photo: Kimmo Brandt

5 The pre-trial investigation conducted by the police prepares the case for judicial proceedings. The prosecutor is involved in order to ensure that the right issues are investigated from the very beginning, and that the investigation produces objective information. I present my opinion to the police on whom to hear and how to construct the investigation. The focus of a special prosecutor s work varies from year to year. Some years are spent mainly taking charges into consideration, and some are spent mostly in the courtroom. At times, a large-scale case may occupy the prosecutor full-time for an entire year. The days at the courtroom are long, and the evenings are often spent in preparation for the next day. I like working together You learn so much with the various parties from each session that I come into contact in the courtroom. with and I like all the thinking and the paperwork that goes into the consideration of charges but what I like more than anything else are the courtroom sessions. You never know what to expect in a courtroom, and you learn so much from each session. Special prosecutors also mentor and train other prosecutors. The work requires being up-to-date and having an extensive and thorough understanding of the criminal code and legislation in general. Ms Sunell is fascinated by the challenges and the difficulties that the work presents. In this job, I have never thought to myself I already know how to do this. I feel that the work that I do is a valuable part of the bigger picture, like I m a small cog in a big wheel. Photo: Kimmo Brandt

6 State prosecutor, Mr Mika Illman: A training system that helps you get ahead Photo: Kimmo Brandt Training provided by the prosecution service The prosecutor s start-up training is designed for junior prosecutors newly appointed for a fixed-term in office. The training is made up from online training and learning through working, instructed by a personal tutor. The basic training programme, which is intended for all prosecutors, forms the core of the prosecutor training. Its objective is to strengthen the professional competence of the prosecutors and to deepen their professional identity. There is extensive and versatile further and complementary education available for maintaining and developing the expertise of prosecutors. New lawyers fresh to the industry may have no idea of the different walks of life they may have to explore in the role of prosecutor. Prosecutors may have to put themselves into the position of a truck driver, crane operator, managing director, or a doctor, for example. They may have to consider whether or not a certain medical procedure has been appropriate, for instance, says state prosecutor, Mr Mika Illman, head of the Steering and Development Unit at the Office of the Prosecutor General. By training the staff, we seek to react to the challenges at hand. The qualification requirement for a prosecutor is a Master of Laws degree. Experience gained by a court trainee period is considered an advantage. After this, the prosecution service training system takes over. Everyone goes through the prosecutor s start up -training programme, and after a few years, the prosecutors basic training programme, Mr Illman says. Drawing the line between right and wrong is one of the basic elements of a prosecutor s work. You have to be interested in what is permitted and what is prohibited in society and what the role of public authorities in a constitutionally governed state is, as well as securing an organised society.

7 Specialising is an important part of a prosecutor s career. After a certain number of years in the office, you can choose what to specialise in. The training provided by the prosecution service also provides a certain preparedness for the challenges these specialised fields represent. In addition, prosecutors must keep up their basic competence in law, as this expertise goes out of date surprisingly quickly. Training and education are very important in all phases of a prosecutor s career. The world changes, and legislation changes with it. The Office of the Prosecutor General monitors the development of legislation and the operational environment. By offering training to Specialising is an important part of a prosecutor s career. the entire staff of the prosecution service, we strive to react to the challenges at hand. The high-quality education provided by the prosecution service is very popular. Most trainers are experienced prosecutors. This is why the training is very concrete, and concentrates on the most essential issues. The participants can safely assume that they will receive tailor-made education from a top expert in the field, says Mr Illman. Training provided by the prosecution service is mainly organized in the Prosecutor Academy at the Office of the Prosecutor General. Photo: Kimmo Brandt

8 State prosecutor, Ms Raija Toiviainen: Widening your perspective and way of thinking on international assignments Even though the Finnish prosecution service is relatively small, we are an internationally well-known and respected operator, says State Prosecutor, Ms Raija Toiviainen, head of the international unit at the Office of the Prosecutor General. The Finnish Prosecution Service works closely with the prosecutorial authorities in various countries and participates actively in international professional events and training. The prosecution service must keep upto-date about how international legal matters are developing and about the criminal matters that affect Finland, too. Furthermore, it is important to know the channels to use in order to get in touch with competent authorities of foreign states. Photo: Tuukka Ylönen

9 At its best, this work is about genuine, concrete communication. It opens a wide window to the world, says Ms Toiviainen. A prosecutor may specialise in becoming a specialist on international crime. International links may also come up at any International links may come up at any time in ordinary matters. time in ordinary matters. This is nothing to be frightened of. Every new prosecutor must be prepared for this. In addition to the basic tasks of the prosecutor, international tasks require good linguistic skills, which have to be constantly kept up to date. In this work, you get to apply international contracts and conventions and international criminal procedure law, in particular. This widens your perspective and way of thinking. When a criminal matter is resolved with another state and criminal liability is correctly enforced, it is very rewarding. You also have to be brisk and energetic to make your voice heard in the international arena. Good co-operation skills are vital. Openness and tolerance of foreign cultures are also very important. If you do not possess these skills naturally, you must practice. Prosecutors may also apply for international posts, such as roles at Eurojust. Furthermore, prosecutors may work on a range of other international tasks, such as civilian crisis management. There is a constant lack of judicial authorities in the global crisis areas. International prosecutor activity Photo: Tuukka Ylönen There is plenty of cooperation between prosecutors in the Nordic countries. The Finnish Prosecution Service has a department at Eurojust, which is the judicial cooperation body for prosecution authorities, based in The Hague in the Netherlands. Its task is to cooperate in the pre-trial investigation and prosecution procedures of serious transborder crime. Prosecutors have been appointed as contact authorities in the European Judicial Network. Its task is to facilitate transborder cooperation between authorities in the handling of criminal matters. Prosecutors and the management of the Finnish Prosecution Service participate in the meetings between prosecutors and other specialists, organised by the EU and the Council of Europe, as well as in the operations of the International Association of Prosecutors. The prosecution service cooperates regularly with Baltic area countries, Estonia and Russia in particular.

10 Prosecutor General, Mr Matti Nissinen: We do good work with great people The prosecution service is headed by the supreme prosecutor, Prosecutor General, Mr Matti Nissinen. His tasks include supervising the work of the prosecutors, participating in the development of legislation, and providing general instructions to prosecutors. The Prosecutor In addition, the tasks of the Prosecutor General include General appointing prosecutors which means plenty of work. supervises My average day is typified by a complex set of different the work of the negotiations, meetings and other engagements, whose prosecutors. themes are connected to the operational guidelines, the financial administration, personnel, and issues related to cooperation, in one way or another. I travel a lot, and I get an impressive pile of reading material each week, Mr Nissinen says. The duties of the highest management of the prosecution service have been divided between the Prosecutor General and the Deputy Prosecutor General. The Deputy Prosecutor General resolves issues related to the Office of the Prosecutor General The prosecutorial organisation is a two-tiered structure: it contains the central administration agency, the Office of the Prosecutor General, located in Helsinki, and the district prosecutor s offices, which have several service bureaus. In addition to the Prosecutor General, the Office of the Prosecutor General is the workplace of the Deputy Prosecutor General, state prosecutors, district prosecutors, and clerical staff as well as experts employed in tasks related to personnel and financial administration, communication, education and development as well as international operations. The Deputy Prosecutor General has the same authority as the Prosecutor General for deciding on cases brought to him, and he acts as deputy to the Prosecutor General. A complaint about a prosecutor s decision or other procedure may be filed with the Prosecutor General. In these cases, the legitimacy of the procedure or the professional ethics of the prosecutor may be assessed. Photo: Tuukka Ylönen

11 Heads of the Finnish Prosecution Service: Messrs Tom Ifström (left), Ilpo Virtanen, Heikki Poukka, Matti Nissinen, Tom Söderlund and Jorma Kalske. general administration of the prosecution service, as well as any issues that require procedures by the supreme prosecutor, among others. Photo: Tuukka Ylönen The vision of the prosecution service is presented on the back of this brochure. According to Mr Nissinen, the idea that the service is a great place to work is the best way to hold on to the experts that are currently employed by the service, and to attract new and Its strengths are the competence of its staff and the sense of community within the service. motivated professionals in the future. In accordance with our vision, the prosecution service is well liked by our staff and, from the point of view of outsiders, it is a desirable employer. The strengths of the prosecution service lie in the competence of the staff and the sense of community within the service. We do good work with great people. We accept that people and our tasks are different and we value each other s professional competence. Our vision gives us direction and guides our everyday work. From the point of view of management, it contains the challenges of both nurturing wellbeing at work as well as competence management. In addition, the tools and facilities used must be up-to-date, and occupational safety must be ensured.

12 The prosecution service is a competent, strong, and effective realiser of criminal liability. This is a great place to work for a safer society. Office of the Prosecutor General Albertinkatu 25 A, PO Box 333 FI Helsinki FINLAND [email protected] Photos on the front cover: Tuukka Ylönen and Kimmo Brandt Photo on the back cover: Kaisa Sirén Design: Mainostoimisto Visuviestintä Oy, Taina Ståhl Printed by Erweko Oy, Helsinki 2012