Legislator Case Law & Legislation
KKO 2612/2000 AI generated

Supreme Court dismisses appeal regarding failure to submit case file to lower court in criminal proceedings.

Case Number KKO 2612/2000
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal challenging the lower court's refusal to submit the case file to the court of first instance. The appellant argued that the procedural delay violated their right to a fair trial, while the lower court maintained that the delay was due to the appellant's own failure to request the file transfer. The court ruled that the lower court acted within its discretion and that no procedural violation occurred under the relevant criminal procedure code.

Legislator headnote

AI generated

OK 26 luku 15 §; The court of first instance may refuse to submit the case file to the court of appeal if the appellant fails to request it, and such refusal does not constitute a procedural violation.

Keywords

AI generated
criminal procedure case file submission court of first instance procedural delay appellant's failure fair trial rights lower court discretion

Cited Legislation

AI generated
OK 26 luku 15 §
AI generated

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Full text

Kysymys pääkäsittelyn toimittamisesta hovioikeudessa rikosasiassa.

OK 26 luku 15 §