This question came to mind in the light of two recent cases I read about in the Finnish press this week. "Grievous" is the closest translation I can think of for the Finnish legal category of "törkeä something"; pahoinpitely is the legal equivalent of ABH, while törkeä pahoinpitely is GBH.
This, however, is where the similarities between Finnish and British legal terminology end. The Finnish legal system has a strange concept of what is grievous and what is not. All manner of misdemeanours can be considered grievous or not grievous. The most shocking example is the legal distinction between "rape" and "grievous rape" (raiskaus and törkeä raiskaus). This distinction seems to suggest that some rapes are less grievous than others and that not all rapes are considered "grievous" enough to warrant a stiff sentence. What exactly is a non-grievous rape? Was her skirt too short?
Earlier this week, a man who murdered his wife appeared in court charged with "murder" (in the US this would probably be "first degree murder"). His defence argues that the charges should be lowered to "manslaughter", because the crime as a whole cannot be considered "grievous" enough to warrant a murder charge. Here is a rough translation of an article in Helsingin Sanomat, 10th October 2007:
At the hearing of the Vaasa High Court in Jyväskylä on Tuesday, district prosecutor Pentti Hiidenheimo called for a life sentence for Jarmo Björkqvist, charged with murder. Björkqvist killed his wife Paula Björkqvist, chairperson of the Jämsä Town Council, on 18th July 2006. Jämsä Municipal Court charged Mr Björkqvist with murder in May [...]
Björkqvist's defence counsel has appealed against the decision because, in their opinion, the crime as a whole does not fulfil the notion of grievousness required by law for a charge of murder. Counsel for the defence, Henry Saleva, said his client would plead guilty to manslaughter, and suggested that a suitable sentence should be at the higher end of the scale [...]
His wife escaped into their daughter's room, lifted her from her cot, and said she was leaving. Jarmo Björkqvist did not accept this, and stood in the doorway to prevent them from getting out. The couple argued for about 15 minutes, after which Mrs Björkqvist opened the window and shouted for help.
His wife's cries for help allegedly made Mr Björkqvist "lose his temper". He shut the window, then ran to the kitchen to fetch a bread knife. Björkqvist says he had no intention of harming his wife; he merely wanted his daughter back. She was hiding under the table. Mr Björkqvist soon began a frenzied attack on his wife until the knife's handle had become so slippery with blood that he could no longer use it. He then went back to the kitchen to fetch another knife and continued stabbing his wife using his left hand. A total of 69 stab wounds were found on the body.
In the eyes of the prosecution the crime was extremely cruel, brutal and deliberate. Fetching another knife from the kitchen indicates premeditation, though not "wilful premeditation" as indicated in the statute book. Mr Björkqvist paid no heed to his wife's cries for help, the fact that she was unable to defend herself or the fact that their daughter was all the while in the same room.
This all begs the question: how grievous does this crime have to be before Mr Björkqvist will be charged with murder and sentenced to life? Under UK law this would be clear; this was not accidental. If fetching another knife is not considered grievous enough, my faith in Nordic justice will be seriously dented.
Compare this with the case, reported both in Finland and the UK this week, of a British woman who helped her terminally ill Finnish partner to die. With the body in the back seat of the car, the woman then drove straight to the nearest police station and told them what had happened. Under British law she will now be charged with murder (not manslaughter) and could face a life sentence.
Now which of these two crimes is the more grievous?
No comments:
Post a Comment