Towards a more efficient, fair and humane criminal justice system: Developments of criminal policy and criminal sanctions during the last 50?years in Finland

摘要

This article provides an overview of the developments of criminal law and criminal sanctions during the last 50?years in Finland. It reflects the author’s experience as a criminal scientist and an expert in drafting criminal legislation during this period.?The total reform if Penal Code in 1972–2003 was aimed at a more rational penal system, i.e. for efficient, just and humane criminal justice. An ambitious attempt was made to assess in a uniform and systematic way the goals, interests and values which the new Criminal Code should promote and protect. The existence of the criminal justice system was justified using utilitarian arguments. The structure and operation of the penal system cannot, however, be determined solely on the basis of its utility. The criteria of justice and humanness must also be taking into account. The penal system must be both rational as to its goals (utility) and rational as to its values (justice, humaneness). The latest developments since the 1990s are characterized by the influence of the human and basic rights on criminal and procedural law as well as the effects of internationalization and Europeanization of criminal justice system. Criminal scientists in Finland and elsewhere in Scandinavia should strive?more actively to influence European and global criminal policy. It is typical of “Nordic model” that the role of crime prevention is particularly accentuated, specific criteria of rationality such as legitimacy and humaneness are widely applied, and the value of repression in criminal sanctions is relatively low.