Lapsen vangitsemiskynnys esitutkinnassa
Keywords:
Esitutkinta, pakkokeino, vangitseminen, kohtuus, painavat syyt, lapsen etuAbstract
The threshold for remanding a child in a pre-trial investigation
Remand is the most severe form of coercive measure in the pre-trial investigation, but despite this, a few dozen children are remanded in the pre-trial investigation every year in Finland. Although remand is possible for 15-17-year-olds, in accordance with the Convention on the Rights of the Child, it should always be used only as a measure of last resort and for the shortest appropriate period of time and must be in the best interests of the child.
If there is a danger of avoiding pre-trial investigation, remanding a child is never in the best interest of the child. In the case of children in danger of continuing to commit crimes, remanding may come into question if the means of child welfare are not sufficient. De lege ferenda should, however, present a possibility of ordering the child to a children’s home instead of remanding him or her.
The threshold for remanding a child is at its lowest in serious crimes where there is the possibility to influence other persons connected to the crime. This is in connection with restrictions of contacts during deprivation of liberty. It’s important to separate the investigation of the crime and the consequences. There is no possibility of compensation or punishment without a solved crime.
