(As amended by the Acts of 25 January 1995 and 31 January 1997)

　Serious accidents and accidents in aviation, rail traffic and water traffic shall be investigated in accordance with the provisions of this Act for purposes of the improvement of general safety and the prevention of accidents.

　 Further provisions may be issued by Decree on how an investigation based on this Act shall be conducted in the case of accidents in rail and water traffic.

　

　 Further provisions shall be provided by Decree on when an investigation under this Act shall he carried out if there has been an evident risk of an accident referred to in section 1.

　

　 Separate provisions shall be given on the investigation of an accident and an incident solely in military aviation. However, a serious accident and an incident involving the risk of a serious accident shall be investigated according to this Act.

　

　 In this Act, a "serious accident" refers to an accident that is to be deemed particularly serious due to the number of persons killed or injured, the amount of damage caused to the environment or property, or the nature of accident.

　

　 The investigation shall deal with the course of the accident, its causes and consequences as well as the search and rescue operations. The investigation shall in particular be directed at whether sufficient attention has been given to safety requirements in the design, preparation, construction and use of the equipment or structures that caused, or were the subject of, the accident or danger, and at whether appropriate arrangements had been made for supervision and inspection and that this supervision and inspection had been carried out in an appropriate manner. If needed , the investigation shall also be directed at whether there are possible deficiencies in the safety provisions and orders.

　 The Accident Investigation Board in connection with the Ministry of Justice is responsible for the investigation of accidents, the general organization of the investigation of accidents, planning and training.

　 The Accident Investigation Board or an accident investigation commission shall investigate an accident or incident as provided in further detail by Decree. If the investigation is carried out by the Accident Investigation Board , the provisions on an accident investigation commission shall apply to the Accident Investigation Board.

　An accident investigation commission shall be appointed as necessary separately for the investigation of each accident. The Council of State appoints the accident investigation commission for a serious accident. The Accident Investigation Board appoints the accident investigation commission for an incident involving the risk of a serious accident and for an accident or incident in aviation, rail traffic and water traffic. Accident investigation commissions shall act in connection with the Accident Investigation Board.

　

　 The Accident Investigation Board shall initiate an investigation as necessary. If an investigation commission is appointed for the investigation, the investigation is transferred to the commission as soon as it has begun its work.

　

　A member of the accident investigation commission or other person participating in the investigation shall be disqualified if:

　1)he or she, or his or her close relative, has suffered a loss in the accident under investigation or his or her close relative has died in it;

　2)he or she, or his or her close relative, may incur liability for the accident or for a resulting loss ;

　3)he or she, or his or her close relative, may expect particular benefit or loss from the investigation or its results; or

　4)confidence in his or her impartiality in the investigation is endangered for another reason.

　A "close relative" refers to a person mentioned in section 10, paragraph 2 of the Administrative Procedure Act (1982/598). The provisions of section 11 of said Act shall, where appropriate, apply to the consequences of disqualification.

　The investigation may be carried out in cooperation with the police who are carrying out a criminal investigation or investigation into the cause of death in the same matter, to the extent that the accident investigation commission deems cooperation to be appropriate from the point of view of the investigation of the cause of the accident.

　

　 Members of the accident investigation commission and other persons participating in the investigation shall have the right to enter the scene of the accident and carry out investigations at the scene of the accident.

　The accident investigation commission shall have the right to order that the scene of accident be secured and prohibit the removal or moving of those killed in the accident. The order or prohibition shall be revoked as soon as it is no longer necessary for the investigation.

　Objects at the scene of the accident that may be of relevance in the investigation may not be destroyed, removed or moved without the permission of the investigation commission or of another competent authority, unless there is a compelling reason to do so.

　

　The accident investigation commission shall have the right to inspect objects and acquaint itself with documents that may be of relevance in the investigation.

　The accident investigation commission may carry out experiments with objects to be inspected, detach parts from the objects and take samples when this is necessary for investigations.

　

　 The accident investigation commission may question anyone who is assumed to be able to provide information needed in the investigation.

　 The provisions on pre-trial investigations in criminal cases shall apply to questioning and investigations that the police carry out on the request of the commission.

　

　 A witness and expert may, on the request of the accident investigation commission, be questioned before a suitable court of first instance.

　The court may, on the request of the accident investigation commission, order that a person in possession of a document or object referred to in section 10 of this Act deliver it to the use of the accident investigation commission. The court shall at the same time issue orders regarding the return of the object or documents.

　 The provisions of chapter 17 of the Code of Judicial Procedure on the presentation of evidence shall apply, where appropriate, to the proceedings referred to above in paragraphs 1 and 2. Witnesses and experts shall be paid a fee from State funds.

　

　If the accident investigation commission itself cannot prepare reports or carry out investigations necessary in the investigation, these shall be carried out on the request of the commission by authorities and State institutions in respect of issues within the sphere of their competence, and such authorities and State institutions shall provide the investigation commission also with such other executive assistance it requires.

　

　The accident investigation commission shall have the right to obtain from authorities and State institutions such information as it requires in carrying out the investigation notwithstanding the provisions on the publicity or secrecy of documents.

　 A report shall be prepared on the investigation. The report on the investigation shall contain recommendations for action which in the opinion of the accident investigation commission are necessary in order to increase safety , prevent accidents , avert and lessen damage and increase the effectiveness of search and rescue services.

　

　 The report on an investigation of a serious accident shall be submitted to the Council of State. The Council of State shall decide what measures shall be taken on the basis of the report and on the recommendations contained therein.

　 The report on an investigation of an accident or incident in aviation , rail traffic and water traffic shall be submitted to the Ministry of Justice. The Ministry of Justice shall submit the report on the investigation, for action, to the parties and to those authorities and instances that it deems to have a special interest in the matter. The Ministry may, for special reasons, submit the report on an investigation to the Council of State for the purpose referred to in paragraph 1.

　 The members of the accident investigation commission shall serve with liability as civil servants.

　

　 A member of the accident investigation commission or other person participating in the investigation may not reveal to third parties any information obtained in the investigation which, according to an Act, a Decree or the order of an authority, is to be kept secret, or which pertains to professional or business secrecy or to the personal circumstances of an individual.

　 Violation of the prohibition provided in paragraph 1 shall be punishable as a violation of the secrecy obligation concerning the investigation of serious accidents by a fine or imprisonment for at most one year, if no more severe punishment is decreed by law.

　

　 If a member of the accident investigation commission is in public office or is employed by the State, and his or her duties in the investigation cannot be carried out at the same time as his or her duties in office or as a State employee, he or she shall be released from said official duties for the duration of his or her participation in the investigation.

　

　 Members of the accident investigation commission and experts shall be paid a fee and compensation for their duties as established by the Council of State.

　 A person questioned by the accident investigation commission shall be paid a fee and compensation for travel expenses on the same basis as an expert heard by the accident investigation commission.

　 Full compensation shall be paid from State funds for any loss caused by the measure referred to above in section 10, paragraph 2.

　

　 More detailed provisions on the investigation, the Accident Investigation Board, the accident investigation commission, the report on the investigation, and the enforcement of this Act shall be given by Decree.

　

　 This Act shall enter into force on 1 January 1986.

　 Measures necessary for the enforcement of this Act may be undertaken before the Act enters into force.