.
(3) What is provided in subsection 2 also applies in determining the sentence for
a person who committed an offence in a state of diminished responsibility. However, diminished responsibility does not affect the applicable maximum punishment.
(4) If the maximum punishment for the offence is imprisonment for a fixed period,
the court may in cases referred to in this section impose a fine as the punishment
instead of imprisonment, if there are especially weighty reasons for this.
Section 8(a) – Mitigation of the penal latitude on the basis of confession
(673/2014)
(1) The sentence is determined in accordance with a mitigated penal latitude if
the offender has contributed to the clarification of his or her offence as provided
in Chapter 1, sections 10 and 10(a) and Chapter 5(a) of the Criminal Procedure
Act (689/1997) and in Chapter 3, section 10(a) of the Criminal Investigation Act
(805/2011).
(2) In determining the punishment on the basis of subsection 1, at the most twothirds of the maximum length of imprisonment or of the maximum amount of the
fine may be imposed, and at the least the minimum amount that is provided for
the type of punishment. If the maximum punishment that is provided for the offence is imprisonment for a determinate period, the court may impose a fine instead of imprisonment, if there are special reasons for this.
(3) The judgment shall note not only the punishment imposed but also what punishment the court would have imposed without the benefit of what is provided
above.
The choice of the type of punishment
Section 9 – The choice between conditional and unconditional imprisonment (515/2003)
(1) A sentence of imprisonment for a fixed period not exceeding two years may be
conditional (conditional imprisonment), unless the seriousness of the offence, the
guilt of the offender as manifested in the offence, or the criminal history of the
offender requires the imposition of an unconditional sentence of imprisonment.
(2) However, an unconditional sentence of imprisonment shall not be imposed for
an offence committed when the offender was below the age of 18 years, unless
this is demanded by weighty reasons. In assessing the significance of a weighty
reason, consideration shall be taken of the placement of the offender in a child
welfare institution referred to in section 57 of the Child Welfare Act (417/2007).
(401/2015)
Section 10 – Sanctions ancillary to conditional imprisonment (515/2003)
(1) If conditional imprisonment by itself is to be deemed insufficient punishment
for the offence, an ancillary fine may be imposed or, if the sentence of conditional