Serving a prison sentence in your own home country

You may be able to serve your prison sentence in your own home country. The Prison and Probation Service may also request the transfer of your prison sentence to your home country if you have been sentenced to imprisonment in Finland.

If you want to serve your prison sentence in your home country, you may request a transfer by writing a letter to the Prison and Probation Service. The prison staff can send the letter on your behalf.

Alternatively, a competent authority of your home country may submit a request to Finland for the transfer of your prison sentence to your home country. You may contact the competent authority of your home country to initiate the procedure.

The Prison and Probation Service may also request the transfer of your prison sentence to your home country if you have been sentenced to imprisonment in Finland. You will be given an opportunity to express your opinion before making any decisions and, in general, you have the right to appeal against a final transfer decision made in Finland to the Helsinki Administrative Court.

If you are transferred to your home country to serve your prison sentence, the enforcement of the sentence is always governed by the law of the country, where you serve your sentence. For example, you cannot be placed in probationary liberty under supervision before your release if it is not available in your home country.

Serving a prison sentence in another Nordic country

Your prison sentence may be transferred to another Nordic country if, at the time of enforcement, you:

• are a national of that Nordic country; or
• have permanent residence in that Nordic country; or
• reside in that Nordic country during the enforcement of the prison sentence.

In addition, it is required that:

• your sentence is enforceable;
• the transfer can be deemed appropriate considering the circumstances;
• both Finland and the country receiving the request for transfer consent to the transfer.

The official request to transfer a prison sentence to another Nordic country is made by the Prison and Probation Service. In general, you will be heard before forwarding the request to the other Nordic country. The other Nordic country decides whether you can serve your prison sentence in that country. You may appeal against the decision according to the legislation of that country.

Serving a prison sentence in another EU Member State

Your prison sentence may be transferred to another EU Member State if:

• you are a national of that EU Member State and live there; or
• you are a national of that EU Member State and ordered to be deported there due to your sentence; or
• any other EU Member State, which consents to your transfer.

In addition, it is required that:

• your judgement is final;
• the transfer promotes your reintegration into society after your release;
• Finland, the state receiving the request for transfer, and you consent to the transfer.

However, your consent is not required if your prison sentence is transferred to a Member State:

• of which you are a national and in which you live;
• to which you will be deported as a consequence of the judgement; or
• to which you have fled or otherwise returned due to criminal proceedings or a conviction in Finland.

The official request to transfer a prison sentence to another EU Member State is made by the Prison and Probation Service. In general, you will be heard before making the transfer decision and forwarding the request. The other EU Member State decides whether you can serve your prison sentence in that country. You may appeal against the decision according to the legislation of that country.

Serving a prison sentence outside the Nordic countries or EU

Your prison sentence may be transferred to another country if:

• you are a national of that country;
• have permanent residence in that country; or
• reside in that country during the enforcement of the prison sentence.

In addition, the transfer requires that:

• your judgement is final;
• the offence for which you have been sentenced to imprisonment must also be punishable in the country to which you are requesting a transfer;
• Finland and the country receiving the request for transfer, and you consent to the transfer.

However, your consent is not required if your prison sentence is transferred to country:

• to which you have fled or where you otherwise avoid the serving of the prison sentence; or
• to which you are ordered to be deported from Finland as a consequence of the prison sentence or the offences that led to it.

The official request to transfer a prison sentence to another country is made by the Ministry of Justice. In general, you will be heard before making the transfer decision and forwarding the request. The other country decides whether you can serve your prison sentence in that country. You may appeal against the decision according to the legislation of that country.

I want to serve a prison sentence passed in another country in Finland

If you have been sentenced to imprisonment in a country other than Finland, you may be able to serve your prison sentence in Finland. The conditions for transfer between the Nordic countries, EU Member States and other countries are explained above.

Transferring a prison sentence from another Nordic country to Finland

If you have been sentenced to imprisonment in another Nordic country, your prison sentence may be transferred to Finland. The official request to transfer the prison sentence is made by the competent authority of that Nordic country.

The Prison and Probation Service decides whether you can be transferred to Finland. In general, you will be heard before making the decision. If the Prison and Probation Service decides that you will be transferred to Finland, you may appeal against the decision to the Helsinki Administrative Court.

Transferring a prison sentence from another EU Member State to Finland

If you have been sentenced to imprisonment in another EU Member State, your prison sentence may be transferred to Finland. You may request the transfer to Finland yourself, the Prison and Probation Service may initiate the matter with the other EU Member State, or the other EU Member State may request the transfer of your prison sentence to Finland. The official request to transfer the prison sentence to Finland is made by the competent authority of the other EU Member State.

The Prison and Probation Service decides whether you can be transferred to Finland. In general, you will be heard before making the decision. The transfer decision made by the Prison and Probation Service may be appealed to the Helsinki Administrative Court.

Transferring a prison sentence from another country to Finland

If you are sentenced to imprisonment in another country, you may request the transfer from the authority of that country or the Ministry of Justice of Finland, the Ministry of Justice may initiate the matter with the other country, or the other country may request the transfer of your prison sentence to Finland. The official request to transfer the prison sentence to Finland is made by the competent authority of the other country.

The Ministry of Justice decides whether you can be transferred to Finland. In general, you will be heard before making the decision. The transfer decision made by the Ministry of Justice may be appealed to the Helsinki Administrative Court.

Find out more about the transfer of a prison sentence to another state

Right to a legal counsel

In a transfer matter, you always have the right to a legal counsel or a defence counsel paid from State funds. If you do not have your own legal counsel or defence counsel, but you want one, the prison staff will help you find one. At your request, the decision on the defence counsel paid from State funds is made by the Ministry of Justice or the Prison and Probation Service.

If your home country is some other than Finland, you have the right to be in contact with the diplomatic or consular mission representing your home country also in other matters than those related to the transfer of the sentence. The prison staff will help you find the contact information of the closest mission and provide interpretation services, where possible.

Further information

For more information on the matter, please contact the International Enforcement Team of the Enforcement Unit of the Prison and Probation Service by email kvtp.rise@om.fi.