|
The Supreme Court of Finland ((フィンランド語:korkein oikeus), (スウェーデン語:högsta domstolen)), located in Helsinki, consists of a President and at minimum 15, currently 18, other Justices, usually working in five-judge panels. Its jurisdiction does not extend to the administrative court system or the Supreme Administrative Court of Finland. The most important function of the Supreme Court is to rule on important points of law in cases which are significant for the entire legal order, guiding the administration of justice in future cases. Decisions of courts of appeal, as well as certain decisions of the Insurance Court may be appealed against to the Supreme Court, provided that it grants leave to appeal. In the rare criminal cases where a court of appeals acts as a court of first instance, the leave to appeal is not needed. (Cases of espionage, treason and criminal cases involving high civil servants or officers of at least major's rank fall into this category.) The Supreme Court may annul final decisions of courts on the grounds provided in Chapter 31 of the Code of Judicial Procedure. The Court also handles complaints concerning errors in procedure. In some cases the Court may restore the right of appeal after the expiration of a specified period of time. The Supreme Court gives advice to the President in cases concerning the right to grant a pardon and to the Ministry of Justice in cases concerning extradition. It may provide legal opinions on Government Bills at different stages of the legislative process, and the President may consult it on Bills passed by Parliament before ratifying them. The Supreme Court may also approach the President on its own initiative, and propose enactment of a new Parliament Act or an amendment to an existing Act. The Supreme Court mainly relies on written evidence when deciding on a case. The Court may, however, hold oral hearings in which the parties, witnesses and experts are heard in person. The oral hearings are public. ==Precedent== The precedents are usually created in cases for which the applicable Acts of Parliament and decrees do not provide a clear solution for a question of law or in which there is room for interpretation. Approximately 150 such precedents are decided each year. Under the Finnish legal system a judicial precedent is not binding. Courts of appeal and even district courts may depart from earlier decisions made by the Supreme Court, for example when the social circumstances have considerably changed. In practice, however, precedents of the Supreme Court are followed in cases arising after the precedent has been created and involving a similar point of law. The Supreme Court may also itself depart from its earlier precedents, provided that the case is considered by an enlarged chamber (11 members) or by a full court. Precedents in the Supreme Court cases are published every six months. In addition they are available in a specific database (FINLEX) at http://www.finlex.fi/. The panel of the Court deciding the precedents also makes the decisions concerning their publication. The title of a judgment briefly sets forth the point of law to which the precedent applied and which constitutes the reason for its publication. In cases containing to precedents, the Supreme Court will also have to take a position on questions other than those outlined in the title. However, such positions are like any other judgements of the Court, which do not create precedents. A precedent contributes to the development of national law by providing consistency in case law. The objective is that courts throughout the country interpret the law in a uniform manner and apply legal principles by means of consistent assessment and deliberation. Precedents are also used in research, for the purpose of analysing the contents of existing law. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Supreme Court of Finland」の詳細全文を読む スポンサード リンク
|