If the victim passes away due to other causes during the legal process – Advice for relatives

If a crime victim dies during the criminal proceedings from causes unrelated to the crime, it is a good idea for the relatives to contact a lawyer. This way they can make sure that their rights are protected. Most lawyers offer a free initial consultation where you can find out whether it is worth taking the matter further. At the same time, it is also good to find out how the relatives can cover their own legal costs, for example through legal aid or legal expenses insurance.

If the relatives know that the victim had a lawyer handling their criminal case, they should contact that lawyer first.

Certain relatives of the deceased may have the right to demand punishment in place of the deceased. To use this right, the relatives need to find out what stage the criminal case concerning their deceased family member has reached.

If the case is still being investigated by the police, the relatives should contact the police. If the case has already moved on to consideration of charges, they should contact the prosecutor. If the case is already pending in court, they should contact that court.

The spouse and children of the deceased have the same right to request prosecution for the offence, and to bring and pursue charges, as the deceased injured party would have had, unless the deceased expressed a wish while alive that no request for prosecution be made and no charges be brought.

If the deceased has no surviving spouse or children, this right belongs to the deceased’s parents and siblings. The relatives who have this right are called the deceased’s successors in the criminal case. You may come across this term when dealing with the police, the prosecutor or the court, for example.

Relatives’ possibility to claim for compensation

Relatives might also have a possibility to claim for compensation from the perpetrator for the harm caused to the deceased. In this case the right is held by the joint owners of the deceased estate, in accordance with the Code of Inheritance. More information about the Code of Inheritance

If the person suffering from the injury or damage has died, the parties to the estate shall not have the right to bring an action for damages for anguish, pain or suffering, invalidity or other permanent handicap. The State Treasury also does not pay compensation if the victim has died for reasons other than those related to the crime being processed in court, as applications for crime victim compensation should generally be submitted to the State Treasury while the victim is alive.

Help for those who have lost a loved one

If a crime victim passes away during the legal process, it can be good for the relatives to seek crisis support. There are various organisations that offer help and support in such situations, including:

• MIELI ry’s crisis counselling and support groups
• Parishes provide support in cases of death
• Huoma ry supports relatives to homicide victims
• Surunauha ry (“Grief ribbon”) provide support after a loved one’s suicide
• Nuoret lesket ry

Contact the Victim Support Finland

• Victim Support Finland 116 006
• RIKUchat
• Legal advice 0800 161 177
• Support person from the service point