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KKO 259/2003 AI generated

Supreme Court allows removal of fine when conditional sentence is suspended and fine is not executed.

Case Number KKO 259/2003
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court ruled that a fine imposed alongside a suspended sentence may be removed if the suspended sentence is not executed. The defendant argued for the fine's removal after the conditional sentence was suspended, while the prosecution contended the fine remained mandatory. The court decided the fine could be lifted because the underlying obligation to serve the sentence was extinguished by the suspension.

Legislator headnote

AI generated

RL 2 b luku 5 §; When a conditional sentence is suspended and not executed, the accompanying fine may be removed as the basis for its imposition no longer exists.

Keywords

AI generated
conditional sentence suspension fine removal criminal penalty execution suspended sentence effect fines and conditions

Cited Legislation

AI generated
RL 2 b luku 5 §
AI generated
ECLI:FI:KKO:2024:30
Supreme Court dismisses appeal; prior suspended sentence cannot excuse later crimes or prevent conviction.
appeal_1982_kouvola__1526
Court allows new fine when conditional sentence is reclassified, permitting concurrent fines to remain valid.
appeal_1979_kouvola__980
Court of Appeal commuted single offender's prison sentence to conditional probation with a fine.
appeal_1983_vaasa__1038
Appeal court merged conditional sentences and ordered payment of combined fines instead of waiving them.
kko-precedent_1996_40
Supreme Court partially allows probation execution and imposes joint sentence for new crimes committed during probation period.

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Full text

Vastaaja oli tuomittu ehdolliseen vankeuteen ja oheissakkoon. Ehdollinen vankeus määrättiin pantavaksi täytäntöön. Kysymys siitä, voitiinko ehdollisen vankeuden ohella tuomittu sakkorangaistus poistaa.

RL 2 b luku 5 §