Legal proceedings The moderator was sentenced to five and a half years in prison, although he was not even alleged to have been involved in drug trafficking.

Kim Holviala was sentenced to five and a half years in prison. According to the Supreme Court, his activities enabled a very large-scale drug trade.

Supreme The Supreme Court (KKO) has sentenced the operator of the Onion Channel to five and a half years in prison.

According to the KKO’s preliminary decision, he is 48 years old Kim Hjalmar Holviala committed a felony drug by maintaining an anonymous Sipulikanava forum on the Tor network. Drugs were distributed on the canal, and Holviala knew about it.

The vault industry enabled a very large-scale drug trade, KKO said.

The KKO assesses the matter more severely than the lower courts. Both the District Court of Eastern Uusimaa and the Helsinki Court of Appeal had dismissed the charges of a felony drug offense and convicted the man only of aiding and abetting it. He was sentenced to four years in prison by the Court of Appeal.

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Holvialan not even allegedly involved in drug trafficking or substance trafficking. He had just maintained a platform where drugs were traded.

However, the Supreme Court emphasized that the provisions on drug trafficking are intended to combat drug trafficking in all its forms.

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The transmission described in the provision refers both to the actual transfer of the drug from one person to another and to the measures by which the persons are brought together to trade, the KKO pointed out.

“Thus, a person who does not possess a drug or exercises control over a batch of drugs to be distributed may also be guilty of transmission.”

KKO emphasized that the fulfillment of the criteria also does not require the perpetrator to work together with the drug seller and the purchaser. What is essential is how central the mediator’s actions have been to the spread of drugs.

Holviala established the Onion Channel in the Tor network in 2014. Its market department developed into a large-scale drug marketplace, KKO describes.

During its existence, more than 1.8 million messages were transmitted there. In the latter years, the messages were mainly related to drug trafficking.

The vault industry was generally aware of the Sipulikanava drug trade, the KKO stated. He also improved the site according to the wishes of the users.

“The vault industry has been found to have spent a considerable amount of time on the maintenance of the Onion Channel.”

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Onion channel through which drug trafficking also took place. The KKO found it clear that at least 18 serious drug offenses and 12 drug offenses were committed during the two-and-a-half years in 2015–2017.

These crimes involved a total of more than four kilograms of amphetamine, the same amount of hashish and marijuana, and smaller amounts of other drugs such as cocaine, methamphetamine, and ecstasy tablets.

The vault had not been in contact with the parties to the transaction. However, the KKO considered that Holviala’s awareness of trading was sufficient for the judgment.

“In addition to allowing and approving drug trafficking on its server, Holviala has actively guided trading on the forum and spent a significant amount of time maintaining individual notifications, both on its own initiative and at the request of users. In addition, he has made various efforts to improve the functioning of the forum to meet the needs of increased drug trafficking. ”

KKO’s according to the contacts obtained through the channel were necessary in those drug stores. Thus, Holviala’s operations were absolutely central.

Due to the strong growth in the number of announcements and its active maintenance role, the vault industry has had to understand that a significant number of announcements submitted to the channel led to transactions.

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“Thus, what Holviala has been aware of about individual sales announcements is also irrelevant to Holviala’s criminal liability.”

The KKO rejected Holviala’s argument that his actions would have been a constitutionally protected exercise of freedom of expression. It does not follow from freedom of speech that he would receive protection from criminal liability if he committed a drug offense, the KKO stated.

A large amount of the partly very dangerous drug was transmitted through the channel. As a whole, the act was outrageous because Holviala had promoted and sought to promote large-scale drug trafficking throughout Finland.

When measuring the penalty, the KKO took into account the fact that Holviala did not exercise control over drug batches and did not participate in the handling of substances. On the other hand, through large-scale trafficking, drugs could also end up in minors.

The vault industry did not seek significant financial gain, and this was taken into account as a mitigating factor.

“Taken as a whole, Holviala’s conduct is grossly guilty and its conduct must be regarded as very damaging, especially in view of its duration and the scale of its effects.”

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