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.
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