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Device search and the legal protection of the device holder
The amendment to the Coercive Measures Act in December 2025 transferred the decision-making on device searches to courts. A matter concerning a device search can be decided in chambers without a hearing if the court deems it appropriate. The hearing can be held using video conferencing. The matter is decided without hearing the holder of the device or others entitled to the device. The court's decision cannot be appealed. An official authorized to order detention may lodge a complaint against a negative decision – the device holder has no right to lodge a complaint.
Dr Markku Fredman published an article on the blog of the Finnish Procedural Law Association, which expresses concern about the weakening of legal protection.
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Should dwindling resources be used for legal protection or tightening criminal policy?
Minister of Justice Leena Meri (Finns Party) would like to make it easier for courts to detain persons suspected of and convicted of crimes (Helsingin Sanomat, July 6 2025). This matter has a direct connection to the right of appeal for those convicted of crimes.
In Finland, appeals can be made to the Court of Appeal against all District Court judgments. If the sentence is more than eight months' imprisonment, no separate leave to appeal is required. The Court of Appeal examines the appeal, which often means a new trial in the Court of Appeal.
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Device search on a mobile phone
Court of Justice of the European Union: Examining all content of a mobile phone, i.e., a device search, requires prior authorization from a court or an independent administrative authority to the police.
The judgment delivered by the Court of Justice of the European Union on October 4, 2024, in an Austrian case causes considerable changes to Finnish practice.
