Chapter 6 (515/2003)
Determination of punishment
Deductions to be made from a punishment imposed
Section 14 (515/2003)
Deduction of a punishment imposed abroad
If a person is sentenced to a punishment in Finland for an offence for which he or she has already served, in full or in part, a sanction imposed abroad, a reasonable amount shall be deducted from the punishment to be imposed. If the sanction that has been served was a custodial sentence, the court shall deduct the period of deprivation of liberty from the punishment. The court may also state that the sanction that has been served is to be deemed a sufficient sanction for the offence.
Chapter 7 (697/1991)
Joint punishment
Section 2 (697/1991)
Maximum and minimum length of a fixed-term sentence of imprisonment
When determining a joint punishment, the most severe maximum punishment for the offences in question may be exceeded, but the length of the punishment shall not be longer than the combined length of the maximum punishments for the offences. In addition, the most severe maximum punishment shall not be exceeded by more than
1) one year, if the most severe maximum punishment is imprisonment for less than one year and six months,
2) two years, if the most severe maximum punishment is imprisonment for at least one year and six months but less than four years, or
3) three years, if the most severe maximum punishment is imprisonment for a fixed term of at least four years.
The punishment shall not be shorter than the most severe minimum punishment for the offences.
The most severe maximum and minimum punishments mean the punishments that can, under the provisions applicable to the case, be imposed as the maximum and minimum punishment for the offence. If one or more of the offences are only punishable by a fine, the fines altogether shall be considered equal to one month's imprisonment when calculating the combined length of the maximum punishments for the offences.
Chapter 7 (697/1991)
Joint punishment
Section 5 (697/1991)
Determining the extent of a joint punishment
When determining the extent of a joint sentence of imprisonment or a joint fine, the provisions of chapter 6 apply, as appropriate.
When determining the extent of a joint punishment, the punishment for the offence which would lead to the most severe punishment according to the consideration of the court shall be used as the starting point, and the extent of the joint punishment for the offences shall be determined so that it is in just proportion to the number of offences, their seriousness and their mutual connection. If any of the grounds for increasing or mitigating the punishment referred to in chapter 6 or some other circumstance mentioned in that chapter only applies to one or some of the offences for which a punishment is being imposed at the same time, this shall be taken into account to a reasonable extent when determining the extent of the joint punishment.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.