Pakkokeinolain näyttökynnykset
Avainsanat:
pakkokeinot, näyttökynnys, todistustaakka, rikosprosessi, esitutkintaAbstrakti
Quantum of proof in the Coercive Measures Act
The purpose of the article is to define the various thresholds for presentation of evidence, their levels and how they relate to each other. According to the study, the threshold for presentation of evidence in the Coercive Measures Act can be set at six different levels based on how high a level of probability is required for the matter subject to the production of evidence to be considered proven, and thus the burden of proof satisfied. The prerequisite for a coercive measure is, however, not always met more easily if the threshold is set at a lower level, because the prerequisites can vary even within a single threshold depending on the nature of the matter. In addition to the level of probability required to meet the threshold and provide sufficient evidence for the matter at hand, one must consider the circumstances shown de facto. As a result, the available means and capabilities for presenting evidence are also taken into said consideration. The thresholds in the Coercive Measures Act are not, like some other thresholds in the presentation of evidence, flexible. As a whole, the systematics of the thresholds in the Coercive Measures Act are clear, and the expressions concerning the thresholds clearly defined and accurate per se. Some expressions and terms do, however, require harmonising.
