Pre-trial investigation and criminal proceedings

Victims of human trafficking have rights to several assistance and support measures during the criminal process on top of the assistance they receive from the National Assistance System. These measures include:

• Free-of-charge legal aid counsel during the pre-trial investigation of the trafficking offence 
• Criminal process support person
• Protection during the criminal process if needed
• Claim compensation for the offences 
• Interpretation and translation services
• Receiving information about their rights and obligations during the criminal process

The victims’s right to receive legal aid counsel is based on Criminal Procedure Act (689/1997) and Legal Aid Act (272/2002). Under the Criminal Procedure Act, a victim of a violent offence, sexual offence or offence against life, health or liberty may, independent of his or her income, be appointed a legal counsel payable from State funds during the criminal proceedings. This right is also expanded for the victims of pandering for pre-trial investigation to identify potential victims of human trafficking. 

Legal aid can be provided either by legal aid offices of private lawyer who will be compensated by the state. Legal aid does not cover the application to extra-judicial complaint mechanisms, such as the Chancellor of Justice and the Non-Discrimination Ombudsman.

Victim support persons can be offered by Victim Support Finland, The National Assistance System or other non-governmental organisations supporting victims of human trafficking.

During the court hearings, there are certain safety measures that can be offered to a victim of human trafficking. These measures can include:

• Safety measures, such as safe housing
• Possibility for recorded hearings and utilizing them in court
• Receiving assistance to return to Finland to testify in court

 Hearings should always be recorded if the victim is:

• A child under 15 years
• A child of 15-17 years, who is a victim of human trafficking, aggravated human trafficking or sexual crimes

Recordings should be used especially if the person concerned does not want to be heard at the trial. 

Victims of human trafficking can seek compensation for pecuniary and non-pecuniary damages from the perpetrator in criminal proceedings or in separate civil court proceedings. The compensation includes:

• medical and funeral expenses 
• temporary handicap
• permanent disability 
• loss of income and maintenance
• physical and mental suffering 
• property damage 
• unpaid salaries (including for victims who worked in irregular employment or without a contract)
• fees collected by the perpetrator from sex buyers, and 
• legal expenses. 

Victims of human trafficking have also the right to claim compensation for the loss of livelihood and earnings caused by the crime.

If the perpetrator is sentenced to pay compensation to the victim, a legal assistant can usually help in applying for compensation. If the employer of a victim of serious work-related exploitation has been sentenced by a criminal judgment to pay employment claims or criminal damage compensation, the victim can apply for the compensation as wage guarantee also known as pay security.

In situations where the perpetrator does not have sufficient assets, compensation can be applied through the State Treasury.

Compensation for physical and mental suffering is calculated in accordance with the Guidelines of the Personal Injury Commission, which are not binding for the courts.