Finland Considers Detaining Minors Under 15, Faces Criticism Over Draft Law

Finland's government is advancing a legislative proposal that would grant police the authority to detain individuals under the age of 15 for up to 72 hours in cases involving serious criminal offenses. This move aims to address a perceived inadequacy in current laws, which allow for detention of minors under 15 for less than 12 hours or require their presence for 24 hours during preliminary investigations.

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the draft proposal is considerably unfinished and deficient.

Authorities justify the proposed change by citing an increase in crimes committed by individuals under 15, noting that the number of suspected offenses has more than doubled since 2016. While acknowledging that a lower reporting threshold contributes to this rise, officials emphasize a concerning shift in the nature of youth crime, with a small group of minors allegedly involved in increasingly brutal offenses. There are also concerns that organized crime may be exploiting these young individuals, who are not criminally liable under current law.

However, the legislative proposal has faced significant criticism regarding its quality and preparedness. The Chancellor of Justice, in a review, described the draft as "considerably unfinished and deficient," questioning its alignment with international obligations and the constitutional court's interpretation practices. The Chancellor stated that the draft's current level of development makes it premature to assess its constitutionality.

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the request for statements is premature.

Further concerns were raised by the Office of the Parliamentary Ombudsman, which deemed the request for statements "premature." Both oversight bodies pointed out critical shortcomings, including the lack of a defined minimum age for detention within the proposal. The Ombudsman's office also highlighted recurring issues with the condition and safety of police detention facilities, suggesting they are inadequate even for adults. Critics argue the proposal prioritizes enhancing preliminary investigations over the child's best interests, a point the Ombudsman's office directly challenged.

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It is clear that detention in police holding facilities cannot primarily be about ensuring the well-being of a child under 15, as presented in the draft proposal.