Pubdate: Mon, 30 Oct 2000 Source: Helsingin Sanomat International Edition (Finland) Copyright: 2000 Helsingin Sanomat Contact: +358-9-605 709 Website: http://www.helsinki-hs.net/ Author: Helsingin Sanomat PROSECUTORS SPLIT OVER PROCEDURE IN MINOR DRUG OFFENCES Proposed Legislation Would Impose Fines On Minor Offenders Finnish prosecutors take differing attitudes on how to deal with small scale offences involving the use of illegal drugs. Currently it is the prosecutor that decides whether or not to press charges against someone who has brought a few grammes of marijuana from abroad, or who injects amphetamines on his living room sofa. Some prosecutors take a line of zero tolerance and would like to bring every case to trial as a matter of principle, while others would be willing to drop charges in minor cases. Helsingin Sanomat conducted a survey of Finnish local prosecutors, asking them what they would do in ten different hypothetical cases. There was considerable variation in the answers. The prosecutors themselves admit that there is considerable variation in practice, and that practice should be more uniform. On the other hand, not all felt that the variation in practice was a bad thing, pointing out that in small community, punishment has a greater deterrent effect. It is likely that in a couple of years, small scale drug offences will be prosecuted more than before: prosecutors will be allowed to impose "day fines" in cases of personal use similar to those imposed for traffic violations. This practice is outlined in a proposal by the Ministry of Justice for new legislation. Present law stipulates that cases of personal use should not normally be prosecuted without special reason. More than half of Finland's 240 local prosecutors answered the questionnaire sent by Helsingin Sanomat. Most of the respondents were in favour of simplifying procedure in cases of personal drug use. "Current practice has been far too bureaucratic. One gramme of drugs has led to hundreds of grammes of paper", says one prosecutor from Finland's west coast. Another prosecutor from the west coast says that the new practice would have the benefit of freeing up resources of the system of justice to deal with larger cases. The proposed new law has met with some controversy. At a recent public hearing, some experts were concerned that the proposed law would mean that many minor offences that had previously been left unpunished, would have to be prosecuted. Others felt that a simple fine would give users "the wrong message", suggesting that society does not take drug use seriously enough. Current law stipulates, that the import, possession, and manufacture of an illegal drug for personal use can be left unpunished, if the act involved is not one that tends to weaken public morals. The new law would overturn this paragraph, which Finnish prosecutors have found difficult to apply. Kauko Aromaa, head of research at Finland's National Research Institute of Legal Policy, says the new procedure would mean that a larger share of those caught for using drugs would be sentenced for their crimes. "The dropping of charges has been most typically applied to youthful offenders and young adults whose drug use has been occasional, or who have been found with small amounts in their possession. In the future, they would probably be the ones to whom the new fine system would be applied", Aromaa says. The Ministry of Justice wants to lighten the burden of Finland's prosecutors. Under the system, a full court hearing would not be necessary in small scale drug cases. The Ministry also sees a need for more uniform practice in drug cases. Now, an offender can have his or her drug charges dropped, or have to pay a fine, depending on what part of the country is involved. However, the procedure would not be quite as simple as that of a simple speeding ticket. Police would still investigate the case to see if it might provide leads to more serious crimes: the suspect would be interrogated, and home searches would be possible. If no evidence of more serious crimes is found, the police could end the investigation and hand down a fine. The bill is expected to come before Parliament in November. - --- MAP posted-by: Josh