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11Sep01

Decree on the application of Chapter 1, section 7 of the Penal Code regarding international crimes

(627/1996 as amended by Decrees 353/1997, 118/1999, 537/2000 and 370/2001)

On presentation by the Minister of Justice, the following is enacted by virtue of Chapter 1, section 1 of the Penal Code as provided for in the Act of 16 August 1996 (626/1996)

Section 1

(1) For the purposes of Chapter 1, section 7 of the Penal Code, the following offences shall be considered international crimes:

    1) Commission or preparation of the crime of counterfeiting currency, or the use of counterfeited currency, referred to in the International convention for the suppression of counterfeiting currency (FTS |1| 47/1936) and counterfeiting in respect of euro referred to in Article 7, paragraph 2 of the Council framework Decision of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (Official Journal L 140, 14/06/2000 p.0001-0003);

    2) Such war crime, violation of human rights in a state of emergency, serious war crime or other punishable criminal act which must be considered a grave breach of the Geneva Conventions for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Relative to the Treatment of Prisoners of War, and Relative to the Protection of Civilian Persons in Time of War (FTS 8/1955), as well as the Protocol Additional to the Geneva Conventions, and relating to the protection of victims of international armed conflicts (FTS 82/1980);

    3) Commission and preparation of the crime of genocide referred to in the Convention on the Prevention and Punishment of the Crime of Genocide (FTS 5/1960);

    4) Commission, preparation and facilitation of a narcotics offence or aggravated narcotics offence or the commission of an concealment offence as referred to in the Single Convention on Narcotic Drugs of 1961 (FTS 43/1965), the Protocol amending the Single Convention on Narcotic Drugs of 1961 (FTS 42/1975), the Convention on psychotropic substances (FTS 60/1976), and the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances (FTS 44/1994);

    5) Such seizure of aircraft or other punishable act by which the perpetrator unlawfully, by force or threat thereof, seizes or exercises control of an aircraft, and which must be considered an offence referred to in the Convention for the suppression of unlawful seizure of aircraft (FTS 62/1971);

    6) Such criminal traffic mischief or criminal mischief, preparation of endangerment or other punishable act which must be considered an offence referred to in the Convention for the suppression of unlawful acts against the safety of civil aviation (FTS 56/1973);

    7) Murder, or attack upon the person or liberty of an internationally protected person, or violent attack upon the official premises, the private accommodation or the means of transport of such a person, or a threat thereof, referred to in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (FTS 63/1978);

    8) Hostage-taking or other deprivation of liberty referred to in the International Convention against the Taking of Hostages (FTS 38/1983);

    9) Such torture for the purpose of obtaining a confession, and assault or aggravated assault, which must be considered torture within the meaning of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (FTS 60/1989);

    10) Such nuclear device offence, endangerment of health, fraudulent use of nuclear energy or other punishable act directed at or committed by using nuclear material which must be considered an offence referred to in the Convention on the Physical Protection of Nuclear Material (FTS 72/1989);

    11) Such deprivation of liberty or aggravated deprivation of liberty, kidnapping, criminal mischief, endangerment or other punishable act which must be considered an offence referred to in the European Convention on the Suppression of Terrorism (FTS 16/1990);

    12) Such killing, assault, deprivation of liberty or kidnapping inflicted upon a person on board a ship or aircraft, or seizure or theft of or damage caused to property on board a ship or aircraft, that must be considered piracy within the meaning of the United Nations Convention on the Law of the Sea (FTS 50/1996);

    13) Violation of the prohibition of chemical weapons referred to in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (FTS 19/1997);

    14) Such unlawful act against the safety of maritime navigation as is referred to in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (FTS 11/1999);

    15) Such unlawful act against the safety of fixed platforms located on the Continental Shelf as is referred to in the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (FTS 44/2000).

(2) A punishable attempt of or participation in any of the offences referred to in paragraph 1 above shall also be considered an international crime.

Section 2

This Decree shall enter into force on 1 September 1996.

[Documentation Note: Unofficial English translation by the Ministry for Foreign Affairs of Finland, 11 September 2001.]

Notes:

1. FTS - Finnish Treaty Series [Back]

International Criminal Law:
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