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NORWAY

Act of 22 May 1981 No. 25
relating to Legal Procedure in Criminal Cases

(The Criminal Procedure Act)

with subsequent amendments, most recently by Act of 17 July 1998 No. 56

Ministry of Justice
1998

PREFACE

This unofficial translation of the Criminal Procedure Act 1981 (straffeprosessloven) was first done in 1991 by Ronald Walford in close cooperation with Einar Høgetveit, who was legal adviser at the Ministry of Justice at the time. Patrick Chaffey and Sandra Hamilton also provided invaluable assistance in this task.
Extensive amendments to this Act, made inter alia by the Criminal Procedure Amendment Act of 11 June 1993 No. 80, have also now been translated by Ronald Walford in close cooperation with Sandra Hamilton and Jane Wesenberg, senior executive officer at the Ministry of Justice, and incorporated into the present translation, which is also a revised version of the 1991 translation.
Finding exact English equivalents for the Norwegian legal terms and concepts involved was no easy task. In come cases the solutions adopted are no more than approximations, since there are no direct equivalents, and on occasion it has been necessary to resort to explanatory notes. Any comments on this and other aspects of the translation would be welcome and should be addressed to:

TABLE OF CONTENTS

Part I. The courts and their decisions
Chapter 1. The scope of the Act
Chapter 2. The substantive jurisdiction of the courts
Chapter 3. The local jurisdiction of the courts. Consolidation and adjournment of criminal cases
Chapter 4. Court records
Chapter 5. Judgements, orders and other decisions of the court

Part II. The parties
Chapter 6. The prosecuting authority
Chapter 7. Prosecution
Chapter 8. The person charged
Chapter 9. Defence counsel
Chapter 9a. The aggrieved person's right to an advocate

Part III. Evidence
Chapter 10. Witnesses
Chapter 11. Experts
Chapter 12. Inquiry
Chapter 13. Social inquiry and mental observation

Part IV. Coercive measures
Chapter 14. Arrest and remand in custody
Chapter 15. Search etc.
Chapter 16. Seizure and surrender order
Chapter 16a. Telephone control in drug cases
Chapter 17. Charge on property. Administration of the property of the person charged
Chapter 17 a. Ban on visits, presence etc.

Part V. Individual steps in criminal proceedings
Chapter 18. Criminal investigation
Chapter 19. Indictment
Chapter 20. Optional fine or confiscation
Chapter 21. Preparation for the main hearing
Chapter 22. Main hearing in the District Court or the City Court

Part VI. Judicial remedies
Chapter 23. Appeal
Chapter 24. Appeal hearing with a jury
Chapter 25. Repealed by Act of 11 June 1993 No. 80
Chapter 26. Interlocutory appeal
Chapter 27. Reopening a case

Part VII. Private prosecutions and civil legal claims
Chapter 28. Private prosecutions
Chapter 29. Civil legal claims

Part VIII. Costs and compensation in connection with a prosecution
Chapter 30. Costs of the case
Chapter 31. Compensation in connection with a prosecution

Part IX. Execution
Chapter 32. Execution

Part X. Legal procedure in military criminal cases
Chapter 33. General provisions
Chapter 34. Constitution of the court
Chapter 35. The prosecuting authority
Chapter 36. Other provisions

Part XI. Commencement of the Act etc.
Chapter 37. Commencement of the Act and repeal of other Acts
Act of 22 May 1981 No. 25 relating to Legal Procedure in Criminal Cases (The Criminal Procedure Act) with subsequent amendments, most recently by Act of 17 July 1998 No. 56.

Pursuant to Act of 14 June 1985 No. 71, this Act came into force on 1 January 1986. See Act of 1 July 1887 No. 5 relating to Judicial Procedure in Criminal Cases. See also Act of 8 April 1983 No. 14.

Part I. The courts and their decisions

Chapter 1. The scope of the Act

§ 1. Penal cases shall be dealt with pursuant to the provisions of this Act unless otherwise provided by statute.

§ 2. The following cases shall also be dealt with pursuant to the provisions of this Act, regardless of whether at the same time a proposal that a penalty be imposed has been made:

In cases concerning the proposals specified in this section, the provisions of this Act concerning the issue of guilt shall apply correspondingly in so far as they are appropriate. Otherwise the provisions concerning the determination of a penalty shall apply.

§ 3. Any legal claim that the aggrieved person or any other injured person has against the person charged may, in accordance with the provisions of chapter 29, be pursued in connection with such cases as are mentioned in section 1 or section 2, provided that the said claim arises from the same act that the case is concerned with. On the said conditions the following claims may also be pursued:

The claims specified in the first and second paragraphs are deemed to be civil claims and shall be dealt with in accordance with the provisions of chapter 29.
For the purpose of this Act, the term aggrieved person shall also include other injured persons as mentioned in the first paragraph. This does not, however, apply to sections 72, 80, 229, 273 and 295, or to chapters 9 a and 28.

§ 4. The provisions of this Act shall apply subject to such limitations as are recognised in international law or which derive from any agreement made with a foreign State.

Chapter 2. The substantive jurisdiction of the courts

§ 5. All cases under this Act shall be dealt with at first instance by the District Court or the City Court.
The District Court or the City Court, sitting as a court of examination and summary jurisdiction, shall conduct judicial examination and other distinct judicial proceedings,1 as well as such adjudication as is mentioned in section 248.

§ 6. The jurisdiction of the Court of Appeal extends to:

§ 7. Appeals in cases dealt with by the Court of Appeal shall come under the jurisdiction of the Supreme Court.

§ 8. With the consent of the Interlocutory Appeals Committee of the Supreme Court, an appeal that comes under the jurisdiction of the Court of Appeal may be brought directly before the Supreme Court when the said appeal relates to an issue whose significance extends beyond the case in question, or it is especially important to have the case decided quickly.

§ 9. Interlocutory appeals against orders and decisions of the Court of Appeal shall come under the jurisdiction of the Interlocutory Appeals Committee of the Supreme Court.

Chapter 3. The local jurisdiction of the courts.
Consolidation and adjournment of criminal cases

§ 10. The main hearing shall be held in the judicial district in which the criminal act is presumed to have been committed or in one of the judicial districts in which it may have been committed.

§ 11. If there is no venue in the realm pursuant to section 10, or if prosecution at any of the said venues would cause considerable inconvenience to the person charged or to witnesses, or would cause disproportionate delay or expense, the main hearing may be held at the place where the person charged resides or is staying, or where it is presumed that the case can most easily be clarified.

§ 12. As a rule distinct judicial proceedings3 are conducted in the judicial district in which the person who is to be examined resides or is staying, or where the object with which such proceedings are concerned is presumed to be situated.

§ 13. Prosecutions against the same person for more than one criminal act, or against more than one person as accomplices to the same criminal act, shall be consolidated in a single case, provided that this can be done without considerable delay or difficulty. If different persons or authorities are entitled to prosecute, such consolidation may be effected when they so agree.

§ 14. A prosecution for criminal acts in a case consolidated pursuant to section 13, first paragraph, may be brought in any judicial district in which any one of the said acts could have been prosecuted.

§ 15. The prosecuting authority may, with the consent of the court before which the case has been brought, transfer the proceedings to another place where there is a venue for the case.

§ 16. The rules relating to venue may be departed from with the consent of the person charged. If the person charged duly appears, the court shall not of its own motion inquire whether the case has been brought before its proper venue.

§ 17. When the criminality of an act depends on whether a particular legal relationship subsisted when the act was committed, the court may adjourn the criminal proceedings until this issue has been decided in a civil case. The decision in the civil case is not, however, binding with regard to the decision in the criminal case.
If defamation proceedings are brought against a person who has passed on a statement made by another person, the court may adjourn the case against the former person until any proceedings against the originator of the statement have been decided. The court may also otherwise adjourn criminal proceedings until a disputed matter has been further clarified in another criminal case.

Chapter 4. Court records

§ 18. At every sitting of a court a written record of the proceedings shall be kept.
The court record shall state:

§ 19. The following matters shall be fully entered in the court record:

§ 20. Outside the main hearing any statements made by the parties, witnesses, or experts in court shall be entered in the court record and then read aloud for confirmation. Any additions and corrections made during the reading aloud shall be entered. Confessions and other especially important utterances should, as far as possible, be recorded in the respondent's own words. Irrelevant or meaningless items shall be omitted.

§ 21. During the main hearing the court may decide that statements made by the parties, witnesses, or experts shall be entered in the court record pursuant to the provisions of section 20:

§ 22. When there is reason to believe that an utterance may result in criminal liability for making a false statement or accusation, it should be fully entered in the court record and as far as possible in the speaker's own words.

§ 23. In accordance with further rules to be prescribed by the King, statements and other parts of the proceedings may be recorded stenographically or by mechanical means. The said rules shall prescribe the extent to which such reproduction may replace entry in the court record.

§ 24. When any inquiry is made outside the main hearing, the court record shall give a full account of such inquiry, how it was carried out, the observations made, and what inferences can be drawn from them. An attempt should be made to obtain photographs, drawings, plans and sketches when it may be of relevance to the case.

§ 25. When any inquiry is made during the main hearing, the court may apply the provisions of section 24 when it assumes that in the event of an appeal hearing in the Court of Appeal it will no longer be possible to conduct an inquiry, or that it would be defective because the subject-matter of the inquiry may be destroyed or altered, or that any such inquiry would have to be conducted by judicial recording of evidence outside the main hearing.

§ 26. If any of the parties so requests, the court record shall be read aloud in court or submitted to the parties.

§ 27. Documents produced in court shall be endorsed to show that they have been so produced.

§ 28. An aggrieved person may require a transcript of the court record and other documents in a criminal case that the court has concluded. Such a request may also be submitted by any other person who has a legal interest in doing so.

§ 29. The King may prescribe further rules concerning the compilation of court records and concerning the safekeeping and destruction of court records and other documents.

Chapter 5. Judgements, orders and other decisions of the court

§ 30. Judgements are the decisions of the court that convict or acquit the person charged, or that otherwise wholly or partly decide the claim with which the case is concerned.

§ 31. If the court has more than one member, it shall carry out its deliberations and voting in camera before judgement is delivered, unless the members immediately agree upon the decision.

§ 32. The president shall conduct the proceedings, put the questions, and count the votes. The voting is done orally in the sequence determined by the president.

§ 33. The issue of guilt shall be voted on separately. The issue of guilt does not include questions concerning the time-barring of punishment by reason of statutory limitation or an increased penalty for repeated offences, except in so far as concerns the time when the act that is the subject of the charge was committed.

§ 34. A judge who has voted for an acquittal on the issue of guilt shall not take part in the voting as to whether such special circumstances exist as would bring the matter under a more severe or milder penal provision but will be deemed to have concurred with whatever vote is most favourable to the person charged.

§ 35. A decision on the issue of guilt in disfavour of the person charged requires five votes in the Court of Appeal. In cases tried by jury, section 372 applies.

§ 36. If there are more than two opinions when punishment or other sanctions are to be determined and none of them commands a majority, the votes that are most unfavourable to the person charged shall be combined with those that are nearest in line to them until a majority is reached.

§ 37. Any disagreement as to how the questions shall be put or as to the result of the voting shall be decided by a separate vote. If the votes are then tied, the president's vote shall be conclusive.

§ 38. The court cannot go beyond the matter to which the indictment relates, but it is not bound by the particulars as regards time, place, and other circumstances. Only when it finds special reason to do so, will the court try the issue whether circumstances exist that would bring the matter under a more severe penal provision than that specified in the indictment.

§ 39. A judgement shall contain:

§ 40. In the case of judgements of the Court of Appeal, when the judgement is based on the verdict of a jury, the grounds of the judgement concerning the issue of guilt shall simply consist of a reference to the said verdict.

§ 41. The grounds of the judgement shall in all cases state whether the judgement is unanimous or, if this is not the case, which of the members of the court do not agree with the conclusion of the judgement, and the points on which there is disagreement.

§ 42. The judgement should be delivered immediately after the case has been closed for judgement. If this cannot be done, and it is therefore decided to postpone delivery of the judgement until a subsequent sitting of the court, a time and place for this sitting shall if possible be fixed forthwith. If judgement is not delivered within three days after the case has been closed for judgement, the reason shall be stated in the court record.

§ 43. The judgement shall be delivered at a court sitting. If more judges than one take part in the adjudication, they shall all be present. After deliberation and voting have taken place pursuant to section 31, the court may unanimously decide that only the president of the court needs to be present when the judgement is delivered. In this case the judgement shall be signed by the other judges before the president of the court delivers the judgement by signing it or reading it aloud. Any judge may require that the judgement be delivered at a court sitting at which all the judges are present even though a decision pursuant to the third sentence has been made. When a decision is submitted to a lay judge for his signature pursuant to the fourth sentence, the said judge shall be informed of his right pursuant to the fifth sentence.

§ 44. If the judgement contains clerical or mathematical errors or other obvious errors or omissions, the court itself or the higher court that receives the case shall correct them of its own motion. Should there be any doubt as to how the correction shall be made, the decision shall be made by the court as a whole. Otherwise the president may make the correction.

§ 45. If the grounds of the judgement otherwise contain errors, contradictions, obscurities or deficiencies, they may be corrected on the application of one of the parties, after the other party has been heard. The application must be lodged within two weeks. It shall as soon as possible be decided by the same judges who have delivered the judgement. The lay judges or the members of the jury who took part in determining the penalty or other sanction need not be summoned unless one of the parties so requires.

§ 46. Corrections pursuant to sections 44 and 45 are effected by an addition to the court record. Reference is made to them by a marginal note at the appropriate place.

§ 47. An interlocutory appeal against decisions made pursuant to sections 44 to 46 can only be lodged on grounds of procedural errors or on the grounds that a correction goes further than is authorised by the Act.

§ 48. If something that should have been decided in the judgement has been omitted, a supplementary judgement may be delivered pursuant to the provisions of sections 45 and 46.

§ 49. If any person has been sentenced by different judgements without the provisions of section 54, subsection 3, or section 64 of the Penal Code being observed, the prosecuting authority shall bring the cases before the court that delivered the last convicting judgement for a joint decision.

§ 50. A judgement becomes legally enforceable when it has been accepted by the parties or the time-limit for an appeal has expired. If an appeal is lodged, the judgement becomes legally enforceable when the case is finally decided in the higher court.

§ 51. If a new case is brought concerning a claim that has been decided by a legally enforceable judgement, the court shall of its own motion summarily dismiss the case.

§ 52. Reasons shall be given for court orders. Moreover sections 31 to 37, 41 and 43 shall apply correspondingly where appropriate. If the court consists of two or more judges all of whom are professional judges, only one of the judges needs to be present at the court sitting at which the order is made. In this case the order shall be signed by the other judges before the last judge makes the order by signing it or reading it aloud. Any judge may nevertheless require that the order be made at a court sitting at which all the judges are present.

§ 53. Sections 31, 32, 35 to 37, 41 and 52, second paragraph, apply correspondingly where appropriate to decisions of the court that are not judgements or orders.

§ 54. If the court has more than one member and they are not all present at a sitting, the president may make decisions that are not by their nature pertinent to the main hearing or adjudication unless otherwise provided by statute. If the preparation of the case is left to another judge, such decisions may be made by him.

Part II. The parties

Chapter 6. The prosecuting authority

§ 55. The officials of the prosecuting authority are:

§ 56. The Director General of Public Prosecutions is a senior state official.8 He must have a law degree of the highest academic class. In relation to the provision in Article 22 of the Constitution, he is regarded as an official of the highest rank. Section 235 of the Courts of Justice Act shall apply correspondingly.

§ 57. The public prosecutors are senior state officials. They must have a law degree. Section 235 of the Courts of Justice Act shall apply correspondingly.

§ 58. As prosecuting authority, the chiefs of police rank below the Director General of Public Prosecutions and the local public prosecutor.

§ 59. A superior prosecuting authority may wholly or partly take over the conduct of a case that comes under a subordinate prosecuting authority, or by a decision in the individual case transfer its conduct to another subordinate prosecuting authority.

§59 a. The following decisions of the prosecuting authority can, subject to the reservations contained in the second paragraph, be appealed by way of complaint to the immediately superior prosecuting authority:

§ 60. An official serving the prosecuting authority or acting on its behalf is disqualified when he has such a relationship to the case as is specified in section 106, items 1 to 5, of the Courts of Justice Act. He is also disqualified when other special circumstances exist that are likely to weaken confidence in his impartiality. This is especially the case when the issue of disqualification is raised by one of the parties.

§ 61. The official himself shall decide whether he is disqualified. When one of the parties so requests and it can be done without considerable loss of time, or the official himself otherwise has reasons to do so, he shall as soon as possible submit the question to his immediate superior for decision. If it is alleged that the Director of Public Prosecutions is disqualified, the Ministry may decide that he is not disqualified.

§ 61 a. Any person who is employed by or performs any service or work for the police or the prosecuting authority is bound to prevent others from gaining access to, or obtaining knowledge of, anything that comes to his knowledge in criminal cases concerning:

§ 61 b. The duty of secrecy pursuant to section 61 a shall not
prevent:

§ 61 c. The duty of secrecy pursuant to section 61 a shall not prevent:

§ 61 d. The authority concerned shall ensure that the duty of secrecy is made known to those to whom it applies and may require a statement in writing to the effect that they are familiar with and will observe the rules.

§ 61 e. When it is deemed reasonable and no undue inconvenience is caused thereby to other interests, the Director General of Public Prosecutions may decide that a subordinate prosecuting authority may or shall provide information for use in research, and that this shall be done notwithstanding the prosecuting authority's duty of secrecy pursuant to section 61 a.

§ 62. The King in Council will prescribe further rules concerning the organisation of the prosecuting authority.

Chapter 7. Prosecution

§ 63. The courts shall act only on the application of a person who is entitled to prosecute, and shall cease to act when the said application is withdrawn.

§ 64. The King in Council decides whether a prosecution should be brought as regards offences committed in the course of their duties by senior state officials and other officials appointed by the King. Nevertheless the Director General of Public Prosecutions may decide that the prosecution in such a case shall be discontinued because of the state of the evidence or because no penalty can be imposed in the matter.
The King in Council also decides whether to waive a prosecution pursuant to section 69 in the case of:

§ 65. If the decision to prosecute is not to be made by the King in Council, the Director General of Public Prosecutions shall decide whether a prosecution should be brought in the case of:

§ 66. The public prosecutor shall decide whether to prosecute in cases of felonies unless the decision is to be made by the King in Council or the Director General of Public Prosecutions.

§ 67. The police may investigate and bring a charge in all cases, and may also apply to the court for a decision concerning the use of coercive measures pursuant to chapters 14 to 17 and bring an interlocutory appeal against such decisions.

The head of the security service police shall have the authority specified in the first paragraph in such cases as the King so decides.
In cases concerning allegations against senior state officials or officials in the police or the prosecuting authority of the commission of criminal acts in the course of duty, the King may decide that the investigation shall be conducted by special criminal investigation agencies pursuant to further provisions. The same applies when the prosecuting authority finds that there is a suspicion of a criminal act committed in the course of duty which requires the institution of a criminal investigation against any person referred to in the first sentence or when a suspect himself requests a criminal investigation. The public prosecutor shall decide whether to bring a prosecution on the basis of a recommendation from the criminal investigation agencies when the question of prosecution does not come under the jurisdiction of the King in Council or the Director General of Public Prosecutions.

§ 68. The decision whether to appeal lies with the authority that has instituted the prosecution unless otherwise provided in this paragraph or in the prosecution instructions. In the cases specified in section 64, first paragraph, such decision shall, however, be made by the Director General of Prosecutions. In cases in which the police have instituted a prosecution pursuant to section 67, second paragraph, second sentence, such decision shall be made by the public prosecutor. If the police have in the same case instituted a prosecution for both a felony and a misdemeanour, the public prosecutor shall make such decision for all the matters. In the cases referred to in the third and fourth sentences, the police may, however, accept the judgement. In other cases in which a prosecution is brought by the police, the chief of police shall make the decision.

§ 69. Even though guilt is deemed to be proved, a prosecution may be waived provided that such special circumstances exist that the prosecuting authority on an overall evaluation finds that there are weighty reasons for not prosecuting the act.

§ 70. A prosecution may be waived when the provisions as to sentencing in the case of a concurrence of two or more felonies or misdemeanours entail that either no or only a slight penalty would be imposed.

§ 71. If the person charged maintains that he is not guilty of an offence for which prosecution has been waived pursuant to section 69, he may require the prosecuting authority to bring the case before the court if the charge is not withdrawn. An application to this effect must be submitted within one month after the person charged has been notified of the waiver of prosecution and of his right to require that the case be brought. The provisions of section 318, first paragraph, shall apply correspondingly.

§ 71 a. When guilt is deemed to be proved, the prosecuting authority may decide that the case shall be remitted to a mediation board for mediation if it is suitable for this purpose. Both the aggrieved person and the person charged must consent to the case being remitted to the mediation board.

§ 72. A prosecution may be discontinued at any time before judgement is delivered at first instance. The same applies when a judgement is set aside.

§ 73. If a case is dropped after the main hearing has begun either because of the state of the evidence or because no penalty can be imposed in the matter, the court will pronounce an acquittal.

§ 74. If a prosecution of a person charged is discontinued because of the state of the evidence, it may be resumed if material evidence is later discovered.

§ 75. A prosecution that has been commenced may be dropped by a superior prosecuting authority.

§ 76. Cases before the Supreme Court may be conducted by the Director General of Public Prosecutions himself or delegated to a public prosecutor, an advocate who is entitled to conduct cases before the Supreme Court, or an official deputy to the Director General of Public Prosecutions.

§ 77. In order to conduct cases in court pursuant to the prosecuting authority's instructions and on its behalf, the Ministry shall engage in the Supreme Court a sufficient number of advocates who are entitled to conduct cases before the Supreme Court, and in the other courts a sufficient number of advocates.

§ 78. When a case is conducted before the Supreme Court by an official who has no fixed salary, the Court shall determine his remuneration, which shall be paid by the public treasury.

§ 79. When the person who is to conduct a case before the court is unable to attend, his immediate superior may appoint in his place an advocate or official attached to the prosecuting authority.

§ 80. Offences may be prosecuted by the aggrieved person pursuant to the provisions of chapter 28.

§ 81. The court shall of its own motion try the issue whether the person prosecuting the case is entitled to prosecute.

Chapter 8. The person charged

§ 82. A suspect acquires the status of a person charged when the prosecuting authority states that he is charged or when a prosecution against him is instituted in court or it is decided to carry out an arrest, search, seizure or take similar measures against him or such measures have been carried out.

§ 83. If a person charged is under 18 years of age, his guardian shall also have the rights of a party to the case. If the guardian cannot or will not look after the said person's interests in the case, a provisional guardian shall be appointed pursuant to section 16 of the Guardianship Act.

§ 84. If a person charged is seriously mentally ill or mentally retarded to a considerable degree and has a guardian, the latter also has the rights of a party to the case.

§ 84 a. If the person charged is a business enterprise, the rights of a party to the case shall be accorded to the person so appointed by the said enterprise. As far as possible no person should be so appointed who is himself charged with the offence with which the case is concerned.

§ 85. After receiving a lawful summons the person charged is obliged to attend the main hearing. The same applies in the case of other court sittings when the court finds that his attendance is necessary in the circumstances of the case.

§ 86. The person charged shall be summoned to attend court by service of a writ of summons. The writ of summons shall specify the court, place of sitting, time of attendance, what the case is about, and the purpose of the summons. An oral order to attend made while the court is sitting may take the place of a summons.

§ 87. If the attendance of the person charged is necessary according to statute, or is assumed to be necessary in the circumstances of the case, the writ of summons shall state that he may be brought to the court if he fails to appear.

§ 88. If a person charged who is summoned in accordance with sections 86 and 87, first or third paragraph, fails to appear in court without a lawful excuse being presented, the court may decide that he shall be arrested in order to be immediately brought before the court or to be detained in custody until he can be so brought. Detention in custody may only be used when his attendance is necessary according to statute or is assumed to be necessary in the circumstances of the case.

§ 89. If there is reason to assume that a person charged is unable to pay the necessary costs of a journey to and from the place where the court sits and of his stay there, the court or the prosecuting authority may allow such costs to be wholly or partly covered by public funds. The same applies in other cases when the costs must according to the circumstances of the person charged be regarded as considerable or other special reasons make it reasonable to do so.

§ 90. The first time the person charged attends the court he shall be asked his name, date of birth, occupation, and place of residence, and he shall be informed of the charge and that he is not obliged to testify.

§ 91. The president of the court shall ask the person charged whether he is willing to testify and urge him in that case to tell the truth.

§ 92. The examination shall take place in a manner designed to obtain as coherent an account as possible of the matter to which the charge relates. The person charged shall be given an opportunity to refute the grounds on which the suspicion is based and to plead the circumstances that tell in his favour.

§ 93. During the examination the person charged must not consult with his defence counsel before he answers questions put to him unless the court consents thereto.

Chapter 9. Defence counsel

§ 94. The person charged is entitled to have the assistance of a defence counsel of his own choice at every stage of the case. He shall be so informed. The court may allow the person charged to have his defence conducted by more than one counsel.

§ 95. As defence counsel in the Supreme Court advocates who are entitled to conduct cases before the Supreme Court shall be engaged.

§ 96. During the main hearing the person charged shall have a defence counsel.

§ 97. When the person charged is entitled to a defence counsel during the main hearing, he shall also have one during the judicial recording of evidence for use at the said hearing unless the court finds it unobjectionable to conduct the recording of evidence without a defence counsel. If the court before which the case is brought has not decided whether a defence counsel is necessary or an indictment has not yet been preferred, the decision shall be made by the court that undertakes the recording of evidence.

§ 98. The person charged shall as far as possible have a defence counsel at the court sitting held to decide the question of a remand in custody. He shall have a defence counsel as long as he is in custody. The appointment of a defence counsel can be dispensed with if the court finds this unobjectionable and the person charged expressly renounces his right to a defence counsel.

§ 99. When a case is remitted to a court of summary jurisdiction for adjudication pursuant to section 248 and it is a question of imposing an unconditional sentence of imprisonment for a term exceeding six months, the person charged shall have a defence counsel. Nevertheless this does not apply in cases pursuant to section 22, first and second paragraphs, cf. section 31, of the Road Traffic Act, or where the court because of the nature of the case and other circumstances finds it unobjectionable that the person charged has no defence counsel.

§ 100. When the person charged is entitled to a defence counsel pursuant to the provisions of sections 96 to 99, the court shall appoint an official defence counsel for him. If the person charged declares that he wishes to be assisted by a private defence counsel whom he has engaged, an official defence counsel shall be appointed only when it is necessary or desirable to have such counsel in addition to the private one.

§ 101. To serve as permanent official defence counsel the Ministry shall engage at the Supreme Court a sufficient number of advocates who are entitled to conduct cases before the Supreme Court, and at the other courts a sufficient number of advocates.

§ 102. Defence counsel for the particular case or the particular sitting shall be appointed by the court. If the person charged has expressed a wish to have a particular defence counsel, the latter shall be appointed, unless this would lead to the case being considerably delayed or other circumstances make it inadvisable.

§ 103. If the person charged has not chosen a defence counsel, one of the permanent defence counsel shall be appointed. If two or more permanent defence counsel are engaged at the same court or within the same jurisdiction, they should normally serve in turn.

§ 104. A person who serves as official defence counsel shall withdraw from the case if the person charged chooses another person who is appointed pursuant to the provisions of section 102. The same applies if the person charged engages a private defence counsel unless the court finds it necessary or desirable to have the official defence counsel in addition to the private one.

§ 105. The court may appoint another person as official defence counsel instead of the person previously appointed if it is considered desirable in the interests of the person charged or in order to avoid delaying the case. The same applies when it is for other reasons considered inadvisable that the person previously appointed should continue to serve as defence counsel, or circumstances have arisen that make it unreasonable to order him to complete the assignment.

§ 106. No one may serve as official defence counsel when he himself has been charged or is an aggrieved person in respect of the offence committed, or when he is or has been married or engaged to or is related by blood or marriage in ascending or descending line or collaterally as close as siblings to the person charged or the aggrieved person.

§ 107. Official defence counsel shall be remunerated by the State. The provisions of section 78 shall apply correspondingly to such remuneration. If in accordance with the wishes of the person charged a defence counsel is appointed who is not permanently engaged at the court or in the jurisdiction in question, the King may prescribe further rules concerning to what extent defence counsel shall be compensated for travel, subsistence and accommodation expenses. In cases before the Supreme Court, the said Court shall decide this question.

Chapter 9 a. The aggrieved person's right to an advocate

§ 107 a. In cases concerning contravention of sections 192 to 199, 207, 209 or 212, second paragraph, second and third sentences, of the Penal Code the aggrieved person is entitled to the assistance of an advocate if the said person so desires. In other cases the court may on application appoint an advocate for the aggrieved person if there is reason to believe that as a result of the criminal act he or she will suffer considerable harm to body or health and there is deemed to be a need for an advocate.

§ 107 b. An advocate for the aggrieved person shall be appointed by the court. If the aggrieved person desires a particular advocate, the latter shall be appointed unless this would lead to considerable delay in the case or the circumstances otherwise make it inadvisable. The aggrieved person shall be informed of the rules relating to the remuneration of the advocate.

§ 107 c. The aggrieved person's advocate shall look after the said person's interests in connection with the investigation and the main hearing of the case. The advocate shall also give the aggrieved person such additional assistance and support as is natural and reasonable in connection with the case.

§ 107 d. Remuneration of the aggrieved person's advocate by the State shall be determined pursuant to the provisions of section 107. If at the request of the aggrieved person an advocate is appointed whose office is outside the jurisdiction, the King may prescribe further rules concerning the extent to which additional expenses arising from such advocate's assistance shall be covered by the State.

Part III. Evidence

Chapter 10. Witnesses

§ 108. Unless otherwise provided by statute, every person summoned to attend as a witness is bound to do so and to give evidence before the court.

§ 109. Every person who has not more than 300 kilometres to travel by a regular transport service or 50 kilometres by any other means, or a corresponding distance partly by the one means and partly by the other, is bound to attend as a witness at the District Court or the City Court.

§ 109 a. The Court of Appeal and the District and City Courts may examine witnesses by distant examination.13 The King may by regulations prescribe further rules for distant examination.

§ 110. A witness shall be summoned by service of a witness summons. The summons shall specify the case and the purpose of the summons, the court, the place of sitting, and the time of attendance. It shall also contain brief information about the rules relating to allowances for witnesses and about the liability for failure to attend. As far as possible the witness should be given at least three days' notice.

§ 111. Any person who is present at the place of sitting or in its vicinity may be ordered by the court to attend without delay in order to give evidence. In an urgent case the same applies to any person who is bound to attend pursuant to section 109, first and second paragraphs.

§ 112. Any witness who assumes that he has a valid reason for not attending shall without undue delay notify the court accordingly.

§ 113. Every attempt shall be made to avoid unnecessary inconvenience or waste of time in relation to witnesses.

§ 114. If a serviceman who is serving with an established military unit is summoned as a witness, his immediate superior shall be so informed by means of a copy of the witness summons.

§ 115. The court may decide that a witness who fails to attend or who leaves the place of sitting without a valid reason shall be brought before the same or a subsequent sitting of the court. In special cases the court may decide that a witness shall be detained in custody until he can be examined.

§ 116. The court may order a witness to bring with him documents or other objects that the said witness is bound to produce.

§ 117. The court may not receive evidence concerning anything that is being kept secret in the interests of national security or relations with a foreign State unless the King so permits.

§ 118. The court may not receive any evidence that the witness cannot give without breaching a statutory duty of secrecy that he has as a consequence of service or work for the State or a municipality, a supplier of access to a telecommunications network or of telecommunication services unless the Ministry so consents. Consent may only be refused when the revelation may be detrimental to the State or public interests or have unfair consequences for the person who is entitled to preservation of secrecy.

§ 119. Without the consent of the person entitled to the preservation of secrecy, the court may not receive any statement from clergymen in the state church, priests or pastors in registered religious communities, lawyers, defence counsel in criminal cases, conciliators in matrimonial cases, medical practitioners, psychologists, chemists, midwives or nurses about anything that has been confided to them in their official capacity.

§ 120. Without the consent of the person entitled to the preservation of secrecy, the court may not receive any evidence concerning the subject-matter of negotiations or evidence in regard to which those present are subject to a duty of secrecy imposed by a court pursuant to statute.

§ 121. Even if the matter does not come under section 119, the court may exempt a witness from answering questions concerning anything that has been confided to him in the course of spiritual guidance, social welfare work, legal aid pursuant to section 218, second paragraph, of the Courts of Justice Act, or any similar activity. The witness may in all cases require that any evidence concerning such matters shall only be communicated to the court and to the parties at a sitting in camera and subject to an order to observe a duty of secrecy.

§ 122. The spouse, relatives in a direct line of ascent or descent, siblings and equally close relatives by marriage of the person charged are exempted from the duty to testify. The spouse of a relative by marriage is also regarded as such a relative.

§ 123. A witness may refuse to answer questions when the answer may expose the witness or anyone to whom the witness has any such relationship as is mentioned in section 122, first or second paragraph, to any penalty or loss of civil esteem. The court may exempt the witness in the event of any risk of a considerable material loss of any other kind when on consideration also of the nature of the case, the significance of the evidence for the clarification of the case, and other circumstances, it would be unreasonable to order the witness to give evidence.

§ 124. A witness may refuse to answer questions that cannot be answered without revealing business or industrial secrets.

§ 125. The editor of a printed publication may refuse to answer questions concerning who is the author of an article or report in the publication or the source of any information contained in it. The same applies to questions concerning who is the source of other information that has been confided to the editor for use in his work.

§ 126. When evidence is only required concerning questions that the witness cannot answer without permission or consent, the witness should not as a rule be summoned until the necessary permission or consent has been given unless there is reason to assume that the witness can be ordered to give evidence pursuant to section 118, second paragraph.

§ 127. If the court assumes that a witness who has been called is not entitled to give evidence or to answer a question or may refuse to do so, the court shall draw his attention to this point.

§ 128. Before the examination the president of the court shall admonish the witnesses to tell the whole truth without concealing anything. He shall inform the witnesses of the liability consequent on giving false evidence or making a false affirmation.

§ 129. Witnesses shall be examined individually. They should not, as a rule, listen to the proceedings in the case before they have been examined in the main hearing.

§ 130. The president of the court shall ask the witness his name, date of birth, occupation, place of residence and relationship to the person charged and the aggrieved person. Instead of his place of residence, the witness may state his workplace. If it is necessary, the president of the court may order the witness to state his place of residence to the court. If there is special reason to do so, the witness shall also be asked about other circumstances that may affect the assessment of his evidence.

§ 131. Before evidence is given, the president of the court shall ask the witness: "Do you affirm that you will tell the plain and whole truth and not conceal anything?" To this question the witness shall reply standing: "I do so affirm."

§ 132. An affirmation shall not be made by:

§ 133. Witnesses shall give evidence orally. The witness shall be encouraged to state coherently as far as possible what he knows about the matter to be proved. Afterwards specific questions may be asked. The witness shall be requested to reveal the source of his knowledge. If a person or object is to be presented to a witness for recognition, the said witness shall first be encouraged to give as exact a description as possible.

§ 134. Evidence as to a witness's character or to weaken or strengthen a witness's credibility in general may only be produced in the manner and to the extent the court so permits. This also applies to the production of evidence concerning a witness's previous sexual conduct. Such evidence should be rejected when it is assumed not to be of essential significance. Counter-evidence must always be permitted.

§ 135. Each party shall examine the witnesses who are summoned at his request. When the said party has finished examining a witness, the opposite party may further examine the said witness, and subsequently additional questions from both sides may be addressed to the witness if the president of the court so permits. When the parties have finished their examinations, the members of the court may ask questions.

§ 136. The court shall ensure that the examination is conducted in a manner that is designed to elicit a clear and truthful statement and that shows reasonable consideration for the witness.

§ 137. If a witness refuses to give evidence after being ordered to do so by a legally enforceable court order, the court may by a new order decide that the witness shall be kept in custody until he fulfils his obligation. Nevertheless a witness may not be kept in custody for more than three months altogether in the same case or in another case relating to the same matter.

Chapter 11. Experts

§ 138. Any person appointed by the court to serve as an expert is bound to undertake the task.

§ 139. One expert shall be appointed unless the court finds that the case requires two or more experts.

§ 140. The King may engage experts to serve on a permanent basis in regard to certain kinds of issues.

§ 141. Before the court appoints experts, it shall give the parties an opportunity to express their views when this can be done without jeopardising the clarification of the case and without disproportionate delay. If the parties propose the same experts, the latter shall, as a rule, be appointed when they declare themselves to be willing to serve.

§ 142. When it can be avoided, no person should be appointed as an expert who pursuant to section 106 or section 108 of the Courts of Justice Act would be disqualified to serve as a judge.

§ 143. If the experts desire assistance in order to obtain information from the parties or other persons, they may apply to the court. If they have collected information on their own initiative, this should appear from their report.

§ 144. The experts shall be examined according to the rules applicable to witnesses, but they may be present throughout the proceedings. The court may allow them to put questions to the parties, witnesses, and other experts, and to consult each other before they answer.

§ 145. Before an expert gives evidence in court, he shall confirm by affirmation that he has performed and will perform his task conscientiously and to the best of his convictions. If an expert takes part in judicial inquiry proceedings, he shall make the affirmation before the inquiry begins.

§ 146. A commission of forensic medicine shall be established for the whole realm to act as a guiding body in questions of forensic medicine. Its members shall be appointed by the King. The commission may be divided into several departments.

§ 147. Every person who serves as an expert in questions related to forensic medicine shall immediately send to the commission of forensic medicine a copy of the written report he makes to the court or to the prosecuting authority. This shall not apply to provisional reports pursuant to section 165, third paragraph.

§ 148. The prosecuting authority may seek assistance from experts for use in the criminal investigation. Experts serving on a permanent basis are bound to assist. The provisions of section 138, second paragraph, section 142 and section 147 apply correspondingly. Experts who assist the prosecuting authority are entitled to remuneration as determined by the said authority in accordance with rules prescribed by the King. The said authority's determination of such remuneration may be reviewed by the Ministry on appeal or of its own motion.

§ 149. Persons whom the parties bring before the court for examination as experts without their being so appointed shall give evidence in accordance with the same rules as apply to witnesses, but they may be present throughout the proceedings and make an affirmation according to the provisions applicable to appointed experts.

§ 149 a. In the case of distant examination14 of experts, section 109 a, first and second paragraphs, and the Courts of Justice Act, section 208, shall apply correspondingly.

Chapter 12. Inquiry

§ 150. When an inquiry is to be held outside the main hearing, judicial inquiry proceedings may be conducted by the court of examination and summary jurisdiction.

§ 151. The court may appoint experts to assist in the inquiry. If experts take part in the inquiry, the court invigilator15 shall not be summoned.

§ 152. When the nature of the inquiry makes it appropriate, the court may wholly or partly leave it to experts to carry out the inquiry or give an account of the results.

§ 153. If an inquiry is left to experts, they shall proceed in the manner they find appropriate unless the court has given them further instructions.

§ 154. When it can be done without considerable inconvenience or misgiving, the person charged is entitled to allow a privately engaged expert to take part in the inquiry or to undertake an inquiry on his own.

§ 155. When an inquiry is undertaken by experts to whom the prosecuting authority has applied for assistance, the provisions of sections 152 to 154 shall apply correspondingly.

§ 156. An inquiry relating to a house or other private area may be carried out without the consent of the owner or occupier when the conditions for a search or other inspection pursuant to the provisions of chapter 15 are fulfilled.

§ 157. Any person who with just cause is suspected of any act punishable by law with a custodial sentence may be subjected to physical examination when it is deemed to be of significance for the clarification of the case and does not amount to a disproportionate interference. Blood samples may be taken and other examinations may be carried out if they can be done without risk or considerable pain.

§ 158. (Repealed by Act of 14 June 1985 No. 71.)

§ 159. An inquiry shall be carried out with as much consideration as possible for those concerned.

§ 160. Regardless of the foregoing provisions, fingerprints and photographs of persons who are suspected or convicted of any act punishable pursuant to statute with a custodial sentence may be taken pursuant to further regulations to be prescribed by the King. The provision of section 157, third paragraph, shall apply correspondingly. Fingerprints and photographs may also be taken of persons who are to be deported or extradited to a foreign State.

§ 160 a. The King may decide that a national register of DNA profiles shall be established. Such register may contain the DNA profiles of persons who are convicted of offences or attempted offences contrary to chapters 14, 19, 22 or 25 of the Penal Code. The DNA profiles of persons who cannot be sentenced by virtue of the provisions of sections 44 and 46 of the Penal Code may also be registered. The King may prescribe more detailed provisions concerning registration in the DNA register.

Chapter 13. Social inquiry and mental observation

§ 161. When it is deemed to be of significance for deciding on a penalty or other precautions, a social inquiry relating to the person charged shall normally be carried out.

§ 162. The prosecuting authority may decide on a social inquiry when the person charged has made a confession, or when he consents to the inquiry, or when the inquiry is to be used at the hearing of an appeal against the sentence or other precautions. Otherwise any such decision shall be made by the court.

§ 163. A social inquiry shall be carried out by a suitable person selected by the appropriate local probation office, unless the court appoints a specific person to carry out the inquiry.

§ 164. The social inquiry officer shall as a rule submit a written report. He may also be summoned to give evidence before the court of judgement, either instead of submitting a written report or in order to provide further explanation.

§ 165. If the court finds it necessary for deciding the case, it may order that the person charged shall be subjected to mental observation by appointed experts.

§ 166. If the person charged is in prison, the observation may be carried out during his stay there.

§ 167. If it is necessary in order to judge the mental state of the person charged, the court may, after hearing counsel for the defence and the appointed experts, order the person charged to be committed for observation at a psychiatric hospital or other suitable place of observation. The court shall at the same time fix a time-limit for the duration of the commitment.

§ 168. In so far as it does not conflict with their duty of secrecy, public authorities and civil servants shall assist social inquiry officers and experts with such information as they require for use in the case.

§ 169. A social inquiry or mental observation shall be carried out in such a way that it causes no unnecessary inconvenience or offence to the person charged or other persons. The same rule shall be followed when the inquiry or observation is used as evidence in the case.

§ 170. A social inquiry officer or expert must not disclose to any unauthorised person anything he learns about private matters during his work.

Part IV. Coercive measures

Chapter 14. Arrest and remand in custody

§ 171. Any person who with just cause is suspected of one or more acts punishable pursuant to statute with imprisonment for a term exceeding 6 months, may be arrested when:

§ 172. When a person is suspected of a felony punishable by imprisonment for a term of 10 years or more, or of an attempt to commit such a felony, he may be arrested if he has made a confession or there are other circumstances that strengthen the suspicion to a marked degree, even though the conditions of section 171 are not fulfilled. Any increase of the maximum penalty because of any repetition or concurrence of felonies shall not be taken into account.

§ 173. Any person who is caught in the act and does not desist from the criminal activity may be arrested without regard to the penalty imposable.

§ 174. An arrest pursuant to sections 171 to 173 shall not be made when it would be a disproportionate intervention in view of the nature of the case and other circumstances.

§ 175. A decision to arrest is made by the prosecuting authority. The decision shall be in writing and shall contain a description of the suspect, a short account of the criminal act, and the reason for the arrest. If delay entails any risk, the decision may be made orally, but shall then be written down as soon as possible.

§ 176. When delay entails any risk, a policeman may make an arrest without a decision of the court or of the prosecuting authority. The same applies to anyone else if the suspect is caught in the act or pursued when so caught or on finding fresh clues.

§ 177. Any person who is arrested shall be informed of the offence of which he is suspected. If there is a written decision for his arrest, he shall be given a copy of the decision.

§ 178. An arrest shall be made as considerately as the circumstances allow.

§ 179. When any person is arrested without a decision of the court or of the prosecuting authority, the question of ratifying the arrest shall as soon as possible be submitted to one of the officials of the prosecuting authority. If he finds that the arrest should be ratified, he shall issue a written decision containing such details as are specified in section 175, first paragraph.

§ 180. Any person who is arrested shall as soon as possible be permitted to make a statement to the police pursuant to the provisions of sections 230, 232, and 233.

§ 181. The prosecuting authority may forgo an arrest or release the person arrested on condition that he promises to present himself to the police at specified times or not to leave a specified place. The same applies when the suspect consents to other conditions, such as handing over his passport, driving licence, sea service book, record of service, or the like. The promise or consent shall be given in writing.

§ 182. When an arrest is made, the prosecuting authority shall ensure that the arrested person's household or any other person he specifies shall be duly notified. If the arrested person does not so wish, no such notification shall be given unless there are special reasons for doing so.

§ 183. If the prosecuting authority wishes to detain the person arrested, it must, as soon as possible and as far as possible on the day following the arrest, bring him before a court of examination and summary jurisdiction at the place where it is most appropriate to do so, with an application that he be remanded in custody. If an arrested person is not brought before a court of examination and summary jurisdiction on the day after the arrest, the reason for this shall be noted in the court record.

§ 184. The court of examination and summary jurisdiction before which the arrested person is brought shall by order decide whether he shall be remanded in custody. The decision shall as far as possible be made before the court concludes its sitting.

§ 184 a. Before the question of a remand in custody is decided, the court shall ensure that the person charged is fully informed as to what the charge and the application for a remand in custody entail.

§ 185. If the court decides to remand the person charged in custody, it shall at the same time fix a specific time-limit for such custody if the main hearing has not already begun. The time-limit shall be as short as possible and must not exceed four weeks. It may be extended by order by up to four weeks at a time. If the nature of the investigation or other special circumstances indicate that a review of the order after four weeks will be pointless, the court may fix a longer time-limit. If the main hearing has begun when the person charged is remanded in custody or when the time-limit for the custody expires, the person charged may be kept in custody until judgement is delivered.

§ 186. A person who is arrested or remanded in custody is entitled to unrestricted written and oral communication with his official defence counsel.

§ 187. If the person charged is on remand in custody when an immediate sentence of imprisonment is passed on him, he may continue to be held in custody for up to four weeks after the passing of the sentence unless the court otherwise decides. The question of extension of custody shall be decided by a court of examination and summary jurisdiction pursuant to the provisions of section 185.

§ 187 a. A person who is remanded in custody shall be released as soon as the court or the prosecuting authority finds that the grounds for the remand in custody no longer apply, or when the time-limit for the custody has expired.

§ 188. Instead of a remand in custody the court may decide on such measures as are prescribed in section 181, or on the provision of security in the form of a surety, deposit or mortgage of property.

§ 189. A person who provides security pursuant to section 188 shall sign a statement concerning the provision of security and the conditions on which the security shall be deemed to be forfeited.

§ 190. Any security that is not forfeited and other precautions that have been taken instead of a remand in custody cease to apply when the person charged has been returned to custody.

§ 191. (Repealed by Act of 4 August 1995 No. 53.)

Chapter 15. Search, etc.

§ 192. If any person is with just cause suspected of any act punishable pursuant to statute with imprisonment, a search may be made of his residence, premises or storage place in order to undertake an arrest or to look for evidence or objects that may be seized.

§ 193. Regardless of whether the conditions prescribed in section 192 are fulfilled, for the purpose of a criminal investigation a search may be made of any buildings or premises that by their nature are accessible to all, or are the site of any activity that requires the permission of the police.

§ 194. If the suspicion relates to an act punishable pursuant to statute with imprisonment for a term of 8 years or more, a search may be made of all houses or premises in a specified area if there are grounds to assume that the offender may be hiding in the area, or that evidence or objects liable to seizure may be found there.

§ 195. If any person is with just cause suspected of an act punishable pursuant to statute with imprisonment, he may be subjected to a personal search if there are grounds to assume that it may lead to the discovery of evidence or of objects that may be seized.

§ 196. A search pursuant to the foregoing provisions may be made even though the suspect may not be convicted and sentenced because of the provisions of section 44 or 46 of the Penal Code.

§ 197. Without the written consent of the person concerned, a search pursuant to sections 192, 194 and 195 may only be made pursuant to a court decision.

§ 198. Without a decision as specified in section 197 a police officer may make a search:

§ 199. The search should be conducted by the police as far as possible in the presence of a witness who must not be disqualified according to the provisions of section 110, second paragraph, of the Courts of Justice Act.

§ 200. Before the search is begun, the decision shall be read aloud or produced. If there is no written decision, information shall be given of the nature of the case and the purpose of the search.

§ 201. The search shall be conducted as considerately as the circumstances permit. Only in urgent cases should a search be conducted on public holidays or at night (between 2100 and 0600 hours) except in the case of a building or premises to which there is general access also at such times.

§ 202. Inquiries for the purpose of a criminal investigation at a place of another kind than that specified in section 192 may without the consent of the owner or occupier be made pursuant to a decision of the court, the prosecuting authority or - if delay entails any risk - a police official.

§ 202a. If there is just cause to suspect that one or more criminal acts punishable pursuant to statute with imprisonment for a term exceeding six months have been committed, the police may carry out concealed video surveillance of a public place as specified in section 390 b of the Penal Code if such surveillance will be of essential significance for the investigation. Section 196 shall apply correspondingly.

Chapter 16. Seizure and surrender order

§ 203. Objects that are deemed to be significant as evidence may be seized. The same applies to objects that are deemed to be liable to confiscation or to a claim for surrender by an aggrieved person.

§ 204. Documents or anything else whose contents a witness may refuse to testify about pursuant to sections 117 to 121 and 124 to 125, and which are in the possession either of a person who can refuse to testify or of a person who has a legal interest in keeping them secret, cannot be seized. In so far as a duty to testify may be imposed in certain cases pursuant to the said provisions, a corresponding power to order seizure shall apply.

§ 205. A decision relating to the seizure of objects that the possessor will not surrender voluntarily may be made by the prosecuting authority. The decision shall as far as possible be in writing and specify the nature of the case, the purpose of the seizure, and what it shall include. An oral decision shall as soon as possible be reduced to writing. The provisions of section 200, first paragraph, shall apply correspondingly.

§ 206. Without a decision of the prosecuting authority a police officer may effect a seizure when he carries out a decision for search or arrest, and otherwise when delay entails a risk. Seizure may be effected by any person when the suspect is caught in the act or pursued when so caught or on finding fresh clues.

§ 207. All objects seized shall be accurately recorded and marked in such a way as to avoid confusion.

§ 208. Every person who is affected by a seizure may immediately or subsequently require the question whether it shall be ratified to be brought before a court. The prosecuting authority shall ensure that any such person shall be informed of this right.

§ 209. Seizure may be waived on condition that an assurance is given or security provided that the object will be produced or surrendered on request.

§ 210. A court may order the possessor to surrender objects that are deemed to be significant as evidence if he is bound to testify in the case. The provisions of section 137 and of section 206 of the Courts of Justice Act shall apply correspondingly.

§ 211. Any letter, telegram or other postal item that is in the possession of a postal operator or any telecommunication operator may be seized under a court order if the said item is liable to seizure in the hands of the receiver pursuant to the provisions of sections 203 and 204, and the suspicion relates to an act punishable pursuant to statute with imprisonment for a term exceeding six months.

§ 212. Any mail or telegram that is seized pursuant to the provisions of section 211 may not be opened and examined by persons other than the judge unless the sender consents thereto in writing.

§ 213. If before the case is finally decided it appears that there is no longer any need for the seizure, it shall be terminated by the prosecuting authority or the court.

§ 214. Objects of which any person has been deprived by a criminal act shall be surrendered to the aggrieved person when the seizure has lapsed. If it is disputed who is entitled to the object, the court shall by order decide whether the said object shall be withheld until there has been an opportunity to have the issue decided by a judgement or whether the object shall be surrendered immediately either subject to or without security being provided.

§ 215. The King may prescribe further regulations for the implementation of the provisions of sections 211 and 212.

§ 216. In order to secure evidence the prosecuting authority, or in urgent cases a police officer, may close a building or premises, close off a specific area, prohibit the moving or touching of specific objects, or take similar precautions. The provisions of the first and the last sentence of section 208 shall apply correspondingly.

Chapter 16 a. Telephone control in drug cases

§ 216 a. When any person is with just cause suspected of an act or attempted act that contravenes the Penal Code section 162 or section 317 cf. section 162, the court may make an order permitting the police to listen in to conversations conducted to and from specified telephones, telex apparatus or similar telecommunication apparatus which the suspect possesses or may be expected to use.

§ 216 b. If the court finds that there is just cause for suspecting that an act specified in section 216a, first paragraph, has been committed, the court may by order decide that the transmission of conversations to or from specified telephones which the suspect possesses or may be expected to use shall be discontinued or interrupted. Moreover, the court may by order decide that the telephones shall be closed to conversations or that the manager of a telephone agency shall inform the police concerning which telephones shall be or have been connected with a specific telephone during a specific period of time.

§ 216 c. Permission to carry out telephone control may only be given if it must be assumed that such listening-in or control will be of essential significance for the clarification of the case and that such clarification will otherwise be made considerably more difficult.

§ 216 d. If the investigation will be impaired by delay, an order from the prosecuting authority may take the place of a court order, but not for more than 24 hours. If the time-limit expires on a Saturday, public holiday, or day that is by statute equated with a public holiday, the time-limit shall be extended to the same hour on the nearest subsequent weekday. The decision of the prosecuting authority shall as soon as possible be submitted to the court for approval.

§ 216 e. The matter shall be brought before the court of examination and summary jurisdiction at the place where it is most practical to do so.

§ 216 f. Permission for telephone control shall be given for a specific period of time which must not be longer than is strictly necessary. Such permission may not be given for more than four weeks at a time.

§ 216 g. The prosecuting authority shall ensure that recordings or notes made during telephone control shall as soon as possible be destroyed in so far as they are of no significance for the investigation of criminal matters or relate to statements that the court would not be able to require the person concerned to testify about pursuant to the provisions of sections 117, 118, 119, 120 and 122 unless the said person is suspected of a criminal act that comes under the penal provisions referred to in section 216a.

§ 216 h. The telephone control committee shall exercise control over the way the police and the prosecuting authority deal with cases pursuant to this Act.

§ 216 i. All persons shall maintain secrecy concerning any application or decision relating to telephone control in any case, and concerning any information derived from such control. The same applies to other information which is of significance for the investigation, and which they become acquainted with in connection with such control or the case. The duty of secrecy shall not prevent the information being used in the course of investigation of criminal matters, including the examination of suspects or supplying information to the telephone control committee.

§ 216 j. Every person shall on application be informed whether he or she has been subjected to telephone control in a drug case pursuant to this chapter. Such information may only be given concerning telephone controls authorised after the coming into force of this provision.

§ 216 k. The King may prescribe regulations to supplement and implement the provisions of this chapter.

Chapter 17. Charge on property.
Administration of the property of the person charged

§ 217. In order to secure payment of a fine, a confiscation, the costs of the case, damages or redress for which it is assumed that the person charged will be adjudged liable, the court may on the application of the prosecuting authority decide that a charge for a specific amount be made on capital assets belonging to the said person when there is reason to fear that execution will otherwise be precluded or essentially impeded. If delay entails any risk, the decision may be made by the prosecuting authority.

§ 218. The decision shall be implemented by the police or the enforcement officer. The prosecuting authority shall immediately notify the court of the implementation of the decision.

§ 219. The provisions of sections 14-9, 14-10, 14-11 and 14-12 of the Act relating to the enforcement of judgements, orders and specific claims shall apply correspondingly to the implementation of a charge on property.

§ 220. When any person who is sentenced to imprisonment for a term exceeding six months or who is with just cause suspected of committing an act punishable pursuant to statute with imprisonment for a term exceeding two years flees to avoid execution of the sentence or prosecution, or remains abroad and will not comply with a request to return to the realm, the court may by order decide to put his property under administration.

§ 221. From the date of the order the person charged loses the right to dispose of his property in any way other than by a revocable will.

§ 222. The Probate Court shall appoint a supervisor to administer the property and to ensure that income from it does not accrue personally to the person charged. The provisions of section 3 of the Act of 23 March 1961 relating to missing persons shall apply in so far as they are appropriate.

Chapter 17 a. Ban on visits, presence etc.

§ 222 a. The prosecuting authority may ban a person from being present at a specific place, or from pursuing, visiting or in any other way contacting another person if, because of special circumstances, there is deemed to be a risk that the person who is to be subject to the ban would otherwise commit an offence against, pursue or otherwise disturb the peace of the other person. The ban may be imposed at the request of the person who is to be protected thereby or when it is deemed necessary in the public interest. The ban shall apply for a specified period not exceeding one year at a time.

§ 222 b. When there is a risk of violence being used in connection with a confrontation between groups of persons who both employ violent means, the prosecuting authority may impose a ban on the presence of one or more persons belonging to or associated with one of the groups on one or more properties occupied by one of the groups, if by reason of such presence there are grounds to fear that the use of violence may lead to injury to persons living or present in the vicinity of the occupied property. When special reasons so indicate, the ban referred to in the first sentence may also apply to other specified property.

Part V. Individual steps in criminal proceedings

Chapter 18. Criminal investigation

§ 223. Criminal acts shall be reported to the police. If the report is made orally, the person who receives it shall write it down, date it, and if possible obtain the signature of the person making the report.

§ 224. A criminal investigation shall be carried out when as a result of a report or other circumstances there are reasonable grounds to inquire whether any criminal matter requiring prosecution by the public authorities subsists.

§ 225. Criminal investigation is instituted and carried out by the police. Without a decision from a superior any police officer may take such steps as cannot be postponed without detriment.

§ 226. The purpose of the investigation is to obtain the necessary information for deciding whether an indictment should be preferred, and to serve as preparation for the trial of the case.

§ 227. Any person who is obliged to report a death shall immediately inform the police if he has reason to suspect that the death has been caused by a criminal act.

§ 228. An expert autopsy shall be carried out when there is reason to suspect that any person's death has been caused by a criminal act. The prosecuting authority may also otherwise decide that an expert autopsy shall be carried out when the cause of death is uncertain and special circumstances require such an examination. The King will prescribe further regulations relating to expert autopsy, including the cases in which such an examination should be carried out.

§ 229. When the prosecuting authority assumes that a criminal act has been committed and an application from a particular authority is required for a prosecution, the prosecuting authority shall immediately bring the available information to the knowledge of the authority concerned in order that it may decide whether to apply for a prosecution.

§ 230. The police may take statements from suspected persons, witnesses and experts but may not order any person to make a statement. Public officials and other persons acting on behalf of the State or a municipality are nevertheless obliged to make a statement concerning matters with which they have become acquainted in their position or office if this can be done without breaching any duty of secrecy imposed on them by any statute, regulation, or directive.

§ 231. On application from the prosecuting authority Norwegian foreign service officials may record statements abroad if this is permissible in relation to the foreign State. Such statements shall, as far as possible, be recorded in accordance with the provisions applicable to the taking of statements by the police and shall be equated with such statements.

§ 232. Before a suspect is examined, he shall be informed of the nature of the case, and that he is not obliged to make a statement.

§ 232 a. When a criminal investigation is instituted against a child under 18 years of age and the case is not of a trivial nature, the police shall immediately inform the child welfare service. If the child is in an institution, the institution shall also be informed.

§ 233. If the suspect admits that he has committed the act with which the investigation is concerned, he shall be asked whether he admits that he is criminally liable. If he has made an unreserved confession and the case may be adjudicated in a court of summary jurisdiction, he shall be asked whether he consents to such adjudication.

§ 234. When witnesses are examined, the provisions of sections 128, 130, 133 and 136, second paragraph, shall apply correspondingly.

§ 235. If a witness is exempt from the duty to testify pursuant to section 122, first or second paragraph, the said witness shall be informed of his right before being examined.

§ 236. The first time an aggrieved person is examined, he shall be asked whether he wishes to apply for a prosecution. He shall also be asked whether he has any claims that he wishes the prosecuting authority to include in the case pursuant to section 3. If he claims compensation or redress, the sum in question should be specified and justified.

§ 237. The prosecuting authority may apply for a judicial examination, a judicial inquiry, or the appointment of experts for use in the criminal investigation. The court is bound to grant the application unless it finds that the matter to which the investigation relates is not criminal, or that the criminal liability has lapsed, or that there is no legal power to grant the application. In the event of an application from a district sheriff16 the court shall nevertheless fully try the issue whether there are sufficient grounds for the application.

§ 238. Statements during the investigation of felonies and misdemeanours in maritime matters and of criminal acts committed on board Norwegian ships may be made abroad before the Norwegian consular court concerned, cf. section 51 of the Courts of Justice Act.

The King will prescribe further regulations to supplement and implement this section. Otherwise the provisions of this Act shall apply as far as they are appropriate.

§ 239. In the case of an examination of a witness who is under 14 years of age or a witness who is mentally retarded or similarly handicapped in cases of sexual felonies or misdemeanours, the judge shall take the statement separately from a sitting of the court when he finds this desirable in the interests of the witness or for other reasons. The judge shall in such cases as a general rule summon a well-qualified person to assist with the examination or to carry out the examination subject to the judge's control. When it is possible and due consideration for the witness or the purpose of the statement does not otherwise indicate, the examination shall be recorded on a video cassette and if necessary on a separate tape-recorder. On the same conditions the defence counsel of the person charged shall as a general rule be given an opportunity to attend the examination.

§ 240. When the prosecuting authority applies for a court decision concerning the use of coercive measures (Chapters 14 to 17), the court shall consider whether the statutory conditions have been fulfilled and whether there is sufficient reason to grant the application.

§ 241. A suspect who is the subject of an investigation may apply to the court for the institution of judicial proceedings to dispel the suspicion. The same applies when the investigation is discontinued because of the state of the evidence.

§ 242. The suspect, his defence counsel, and the aggrieved person shall on application be permitted to acquaint themselves with the documents relating to the case in so far as this can be done without detriment or risk to the purpose of the investigation or to a third person. An official defence counsel may not be denied access to any documents that are or have been submitted at a court sitting except a court sitting that is held to make an order pursuant to the second paragraph. These provisions nevertheless do not apply to documents that should be kept secret in the interests of national security or relations with a foreign State.

§ 243. The person charged shall by lawful notice be summoned to attend court sittings during the investigation unless this may cause inadvisable delay or a summons cannot be served. If the person charged is under arrest or in custody and is brought before the court, or attends voluntarily, the court sitting may be held without giving prior notice.

§ 244. The prosecuting authority, the person charged and defence counsel are entitled to be present at the court sitting and to make statements and applications.

§ 245. The court may decide that the person charged shall leave the courtroom while a witness is being examined if there is special reason to fear that an unreserved statement will not otherwise be made. Other persons may for the same reason be ordered to leave the courtroom during the examination of a witness or a person charged. In the case of an examination of the aggrieved person, the court may also make such a decision if for special reasons due consideration for the aggrieved person so indicates.

§ 246. When the court has carried out the judicial proceedings applied for, it shall send the court record and the other documents relating to the case to the prosecuting authority.

§ 247. When special reasons so indicate, the court may at the request of the prosecuting authority take over the conduct of the investigation. In this case the court shall make the necessary inquiries. It may give orders to the police and apply to other courts for judicial proceedings to be undertaken.

§ 248. If in a case concerning a criminal act punishable by imprisonment for a term not exceeding 10 years the person charged has made an unreserved confession in court which is corroborated by the other evidence, the case may on the application of the prosecuting authority and with the consent of the person charged be adjudicated by a court of summary jurisdiction without an indictment and main hearing unless the court finds this inadvisable. An increase of the maximum penalty because of repeated offences, concurrence of offences, or the application of section 232 of the Penal Code shall not be taken into account. Even though the person charged has not made an unreserved confession, a case relating to a contravention of section 22, first paragraph, cf. section 31, of the Road Traffic Act may nevertheless be adjudicated by a court of summary jurisdiction when instead the person charged pleads guilty as charged in court. A case concerning preventive supervision or preventive detention may not be adjudicated by a court of summary jurisdiction.

Chapter 19. Indictment

§ 249. The question of preferring an indictment shall be decided as soon as the case is sufficiently prepared for this purpose.

§ 250. If the prosecuting authority finds that there are grounds for preferring an indictment but that the person charged cannot be tried because his whereabouts are not known or because he is staying abroad, the case shall temporarily be suspended.

§ 251. If the person charged is seriously mentally ill or mentally retarded to a considerable degree and a summons to attend the main hearing is dispensed with pursuant to the provisions of section 84, second paragraph, only proceedings for preventive supervision or confiscation may be pursued.

§ 252. The indictment shall be signed and dated and contain:

§ 253. If before the main hearing the prosecuting authority wishes to extend the indictment to include other criminal matters, this shall be done by an addition to the indictment or by preferring a new indictment instead of the previous one.

§ 254. During the main hearing the prosecutor may waive some counts of the indictment or the indictment as a whole. If the question of an indictment is a matter for the King or the Director General of Public Prosecutions, such waiver nevertheless requires the consent of the Director General of Public Prosecutions.

Chapter 20. Optional fine or confiscation

§ 255. If the prosecuting authority finds that a case should be concluded with a fine or confiscation, or both, the said authority may issue a writ giving an option to this effect in lieu of an indictment.

§ 256. The said writ shall be signed and dated and contain:

§ 257. If the person charged accepts the option, he shall endorse the writ. The person charged shall receive a copy of the writ.

§ 258. An accepted option may be annulled in favour of the person charged by a superior prosecuting authority. Such annulment shall not affect any financial claim on behalf of a person so entitled which is included in the writ.

§ 259. Acceptance of the option may be appealed against by the parties.

§ 260. For the person charged the time-limit for an appeal begins to run from acceptance. For the prosecuting authority the time-limit begins to run from the time when the acceptance is received in the office of the official who is entitled to appeal.

§ 261. As regards the reopening of a case that has been decided by acceptance of the option of a fine or confiscation, or both, the provisions of chapter 27 shall apply correspondingly as far as they are appropriate. The application shall be submitted to the Court of Appeal. A new hearing of the case shall be carried out by the District Court or the City Court.

Chapter 21. Preparation for the main hearing

§ 262. When the prosecuting authority has decided to prefer an indictment, the said authority shall send the court a copy of the indictment with a summary of the evidence it will produce. If the prosecuting authority is of the opinion that the case should be tried with expert lay judges, it shall at the time so state. The president of the court may, if he finds it necessary, ask to borrow the documents relating to the case.

§ 263. The prosecuting authority shall have the indictment served on the person indicted as soon as possible with notice of who has been appointed as his defence counsel.

§ 264. At the same time as the indictment is sent for service on the person indicted, the prosecuting authority shall send a copy of the indictment and the summary of evidence to defence counsel together with the documents relating to the case.

§ 264 a. The prosecuting authority shall inform the aggrieved person that an indictment has been preferred in the case and that he is entitled to familiarise himself with the indictment.

§ 265. Defence counsel shall without unnecessary delay contact the person indicted and discuss how the defence is to be conducted. Within a time-limit set by the prosecuting authority, which may be extended by the said authority or by the court, defence counsel shall return the documents relating to the case to the prosecuting authority with a statement of what evidence he will produce. He may also request that attempts be made to procure evidence in another way than that stated by the prosecuting authority, and that the said authority shall secure any new evidence he specifies. If defence counsel is of the opinion that the case should be tried with expert lay judges, he shall at the same time so state.

§ 266. If the prosecuting authority rejects any request referred to in section 265, it shall immediately inform defence counsel accordingly. Defence counsel may demand that the issue be submitted to the court. The court's decision is not subject to appeal.

§ 267. If the person indicted has no defence counsel, he shall on service of the indictment be given a summary of the evidence that the prosecuting authority will produce, and shall be informed that he may make himself familiar with the documents relating to the case. He shall be urged to give notice within three days if he is of the opinion that other evidence should be produced than that which the prosecuting authority has set out. The provision of section 242, third paragraph, shall apply correspondingly.

§ 268. If a writ giving the option of a fine has been issued,18 it may take the place of an indictment.

§ 269. When instead of summoning a witness for oral examination at the main hearing, a party wishes to apply for a statement made by the witness to be read aloud or for a reproduction of any evidence given by the witness before the main hearing, he shall notify the court accordingly. If no evidence has previously been given to a court by the witness, an attempt should be made to obtain his evidence by judicial recording in so far as this is possible and does not entail disproportionate inconvenience or expense.

§ 270. Judicial recording of evidence before the main hearing may be done when the evidence cannot be produced at the main hearing without disproportionate inconvenience or expense, or there is a risk that the evidence may otherwise be lost or its value impaired.

§ 271. When an application for a judicial recording of evidence is made pursuant to section 270, the opposite party shall at the same time be so informed.

§ 272. The court may decide that a court sitting shall be held during the preparatory proceedings to deal with the issue of summarily dismissing the case, or acquitting the person indicted because the matter described in the indictment is not criminal, or because criminal liability has lapsed. There is no appeal against any such decision.

§ 273. In a defamation case the court shall during the preparatory proceedings of its own motion decide whether evidence as to the truth of an allegation shall be admitted or not, cf. section 249, subsection 4, of the Penal Code.

§ 274. In the Court of Appeal, three judges shall participate in deciding questions referred to in sections 272 and 273. In the District Court or the City Court the decision shall be made by the president of the court.

§ 275. The court shall as soon as possible fix the time and place for the main hearing and inform the prosecuting authority and defence counsel accordingly, as well as the aggrieved person's counsel in such cases as are referred to in section 107 a. If special circumstances do not prevent it, the main hearing in the District Court or the City Court shall be scheduled to take place not later than two weeks after the case was referred to the court, cf. section 262, first sentence. If this time-limit is not observed, the reason shall be stated in the court record for the main hearing.

Chapter 22. Main hearing in the District Court or the City Court

§ 276. At the main hearing the court shall sit with a professional judge and two lay judges.

§ 277. Lay judges shall be appointed from the special panel when such a panel has been established in cases concerning:

§ 278. Proceedings at the main hearing are oral. Reading aloud cannot take the place of a free oral account.

§ 279. If the prosecutor does not appear, the case shall be adjourned unless another person can assume his duties. The same applies if defence counsel does not appear in cases in which the person charged is entitled to a defence counsel.

§ 280. The person indicted shall be present during the hearing until judgement is delivered. The court may nevertheless permit him to absent himself when he has given evidence. If he leaves the court premises without permission, the hearing may continue if his presence is not deemed necessary for the clarification of the case.

§ 281. In a case concerning a criminal act in which the prosecuting authority does not wish to propose the imposition of a sentence of imprisonment for a term exceeding one year, the main hearing may proceed even though the person indicted is not present, if his presence is not deemed necessary for the clarification of the case, and the person indicted either

§ 282. Any person who is convicted when the main hearing proceeds pursuant to section 281, first paragraph, item 2, may apply for a retrial if he shows it to be probable that he had a lawful excuse and that he cannot be blamed for failing to notify the court in time. The same applies to any person who is convicted when the main hearing proceeds pursuant to section 281, first paragraph, item 3, if he shows it to be probable that he had not absconded.

§ 283. When the main hearing must be adjourned, the court may nevertheless record evidence on the conditions prescribed in section 270. The recording of evidence shall be carried out by the president of the court.

§ 284. The court may decide that a person indicted shall leave the courtroom while another person indicted or a witness is being examined if there is special reason to fear that an unreserved statement will not otherwise be made. Other persons may also be ordered to leave the courtroom for the same reason. At the examination of the aggrieved person the court may also make such a decision if for special reasons it is in the interests of the said person to do so.

§ 285. If the question of summarily dismissing the case arises, the hearing may be limited to this issue until the question is decided.

§ 286. If a question of an acquittal is raised because the matter described in the indictment is not criminal, or because criminal liability has lapsed, the hearing may temporarily be limited to this issue. On the basis of such a hearing the court may pronounce an acquittal if it finds that the question is ripe for decision. Otherwise the hearing shall continue.

§ 287. In a case relating to two or more criminal acts or two or more indicted persons, the court may decide that there shall be a separate hearing for each individual act or person indicted.

§ 288. When there is any doubt concerning the mental state of the person indicted or other reasons make it desirable to do so, the court may decide that there shall be a separate hearing concerning the issue of guilt or some parts of it.

§ 289. The hearing of the actual matter to which the indictment relates begins with the reading aloud of the indictment. The president of the court shall then ask the person indicted whether he pleads guilty and shall urge him to follow the proceedings carefully.

§ 290. Any reproduction in the court record or a police report of any statement that the person indicted has previously made in the case may only be read aloud if his statements are contradictory or relate to points on which he refuses to speak or declares that he does not remember, or if he does not attend the hearing. The same applies to any written statement that he has previously made in relation to the case.

§ 291. Evidence shall first be produced by the prosecutor and then by defence counsel unless they agree on another sequence.

§ 292. If the person indicted makes a full confession, the court shall decide to what extent further proof of guilt should be given.

§ 293. The court may refuse to adjourn the proceedings for the production of evidence when it finds that such evidence would be of no significance or would lead to delay or inconvenience that is not in reasonable proportion to the significance of the evidence and the case.

§ 294. The court shall in its official capacity ensure that the case is fully clarified. For this purpose it may decide to obtain new evidence and to adjourn the hearing.

§ 295. In a defamation case evidence may not be produced concerning anything that has not in the preparatory proceedings been specified as a matter for proof. The court shall also deny the production of evidence that it finds to be of no significance, or whose significance is not in reasonable proportion to the damage that may be caused to the aggrieved person or other persons. Likewise the court may refuse to allow the production of a witness or other evidence that has, without reasonable cause, been concealed during the preparatory proceedings.

§ 296. Witnesses who can give evidence that is deemed to be of significance in the case should be examined orally during the main hearing if special circumstances do not prevent this.

§ 297. When a witness is not present at the main hearing, any reproduction in the court record or a police report of any statement that the witness has previously made in the case may only be read aloud if an oral examination is not possible or would entail disproportionate inconvenience or expense. A statement may always be read aloud when the person indicted fails to appear without lawful excuse in a case in which a writ giving the option of a fine has been issued19 or which only concerns confiscation.

§ 298. In a case relating to a sexual felony or misdemeanour, the reading aloud, video-recording or tape-recording of a statement made by a witness under 14 years of age before a court or pursuant to the provisions of section 239 shall take the place of a personal examination unless the court for special reasons finds that the witness should give evidence at the main hearing. The same procedure may be followed if the witness is mentally retarded or similarly handicapped.

§ 299. A written report from an appointed expert who is not present during the main hearing may be used as evidence when an oral examination cannot be carried out or is found to be unnecessary. The same applies to a social inquiry report.

§ 300. A tape-recording of a statement that has previously been made in the case may also be admitted as evidence in other cases than those referred to in section 298 if the conditions for reading aloud pursuant to sections 290, 296, 297 or 299 are fulfilled or the court otherwise finds grounds for this. The same applies to a transcript of such a recording.

§ 301. When defence counsel produces evidence of the good character of the person indicted, the prosecuting authority may produce counter-evidence. Written statements concerning the good or bad name and reputation of the person indicted are inadmissible.

§ 302. Written evidence shall be read aloud by the person producing the evidence unless the court decides otherwise.

§ 303. After the examination of each individual witness and after the reading aloud of each piece of written evidence the person indicted should be given an opportunity to speak.

§ 304. When the production of evidence is completed, first the prosecutor and then defence counsel may address the court. Each of them is entitled to speak twice. When defence counsel has finished, the person indicted shall be asked whether he has any further comment to make.

§ 305. In deciding what is deemed to be proved only the evidence produced at the main hearing shall be taken into consideration.

Part VI. Judicial remedies

Chapter 23. Appeal

§ 306. Appeals against judgements of the District Court or the City Court or the Court of Appeal may be brought by the parties to the appellate court indicated in sections 6 to 8.

§ 307. Any person who has been acquitted may not appeal unless the court has found it proved that he committed the unlawful act referred to in the indictment.

§ 308. If the person charged is dead, his spouse, relatives in direct line of ascent or descent, siblings and heirs may appeal in his stead.

§ 309. The prosecuting authority may appeal in favour of the person charged. This applies even if the judgement is legally enforceable and even if the person charged is dead.

§ 310. The time-limit for an appeal is two weeks from the date on which judgement is delivered.

§ 311. If one party appeals, the other party may lodge a cross-appeal within one week. For the person charged the time-limit runs from service of notice of the prosecuting authority's appeal. For the said authority the time-limit runs from the date when notice of appeal by the person charged reaches the official who is entitled to appeal.

§ 312. An appeal by the person charged shall be submitted in writing or orally to the court that has pronounced the judgement or to the prosecuting authority. If the person charged is in custody, the appeal may also be submitted to the prison authority concerned.

§ 313. If the person charged has an official defence counsel, the latter shall on request advise on the question of an appeal.

§ 314. The notice of appeal shall specify:

§ 315. Procedural decisions cannot be used as a ground of appeal when they are by their nature or pursuant to special statutory provision unchallengeable.

§ 316. The prosecuting authority shall without delay send the notice of appeal and the other documents relating to the case to the appellate court.

§ 317. The appellate court shall judge whether the appeal has been lodged in time and otherwise fulfils the statutory requirements.

§ 318. An appeal that is submitted after the time-limit for an appeal has expired shall be summarily dismissed unless the court finds that the appellant should not be held liable for exceeding the time-limit. In any case an appeal must be submitted within two weeks after the conclusion of the matter that has caused the delay.

§ 319. An appeal shall also be summarily dismissed if it does not fulfil the requirements of section 314, first paragraph, or it is subject to some other error that prevents it from being heard. The provisions of section 318, second paragraph, shall apply correspondingly.

§ 320. In the case of appeals to the Supreme Court, decisions pursuant to sections 317 to 319 shall be made by the Interlocutory Appeals Committee of the Supreme Court.

§ 321. An appeal to the Court of Appeal concerning matters in regard to which the prosecuting authority has not proposed and there has not been imposed any sanction other than a fine or confiscation may not proceed without the consent of the court. Such consent shall only be given when there are special reasons for doing so. Consent is not, however, necessary if the person charged is a business enterprise, cf. chapter 3a of the Penal Code.

§ 322. An appeal against a judgement of the District Court or the City Court may be decided without an appeal hearing when the Court of Appeal unanimously finds it clear:

The Court of Appeal may also set aside the judgement when the court unanimously finds it clear that the judgement would be altered to the detriment of the person charged, because the statutory provisions relating to the determination of a penalty or other sanction have been wrongly applied or because information of essential significance for such determination was lacking.

§ 323. An appeal to the Supreme Court may not proceed without the consent of the Interlocutory Appeals Committee of the Supreme Court. Such consent shall only be given when the appeal is concerned with issues whose significance extends beyond the current case, or it is for other reasons especially important to have the case tried in the Supreme Court.

§ 324. Decisions pursuant to sections 318 to 323 shall be made without party proceedings. The court may, however, allow the parties to express their views in writing.

§ 325. If an appeal is not decided pursuant to the aforesaid provisions, it shall be referred to an appeal hearing. The decision to refer may not be challenged by an interlocutory appeal or serve as a ground of appeal.

§ 326. If an appeal concerning the same matters is brought by the same or different parties over both the assessment of evidence in relation to the issue of guilt and other aspects of the judgement, the court shall first try the issue of referring the appeal relating to the evidence. The court may, however, refrain from deciding the issue of referring an appeal relating to the evidence to an appeal hearing if pursuant to the provisions of section 322 there are grounds for setting aside the judgement or acquitting without an appeal hearing.

§ 327. An appeal hearing shall be prepared and carried out according to the rules applicable to the hearing at first instance in so far as such rules are appropriate and it is not otherwise provided below. The provisions of section 275, first paragraph, second and third sentences, shall not apply.

§ 328. When an appeal is referred, a defence counsel shall be appointed immediately.

§ 329. If the issue of the evidence in relation to the question of guilt is to be tried, the court shall send the documents relating to the case to the prosecuting authority with an order to forward the documents to defence counsel within a fixed time-limit. The court shall set a time-limit for the parties to submit a summary of evidence.

§ 330. If the appeal does not concern the assessment of evidence in relation to the issue of guilt, the court will decide what evidence needs to be produced. In the Court of Appeal, the question of the amount of evidence to be produced may be dealt with before the appeal hearing pursuant to the provisions of section 272, cf. section 274.

§ 331. If an appeal hearing in the Court of Appeal is to include the assessment of evidence in relation to the issue of guilt, a completely new trial of the case shall be held in so far as it has been referred.

§ 332. At an appeal hearing that includes the assessment of evidence in relation to the issue of guilt or the assessment of sentence for a felony punishable pursuant to statute with imprisonment for a term exceeding six years the Court of Appeal shall sit with four lay judges. Section 321, third paragraph, second sentence, shall apply correspondingly. In complex cases the president of the court may decide that one or more deputy members for the lay judges shall follow the proceedings and join the court if any of the lay judges is unable to attend. In cases in which it is necessary, the president of the court may decide that two of the lay judges shall be experts. They shall be appointed pursuant to the provisions of section 87 or 88 of the Courts of Justice Act.

§ 333. If an appeal to the Court of Appeal does not concern the assessment of evidence in relation to the issue of guilt or the assessment of sentence for a felony punishable pursuant to statute with imprisonment for a term exceeding six years, the court may with the consent of the parties decide that the case shall be dealt with in writing. Section 321, third paragraph, second sentence, shall apply correspondingly.

§ 334. If the Court of Appeal shall only try issues of procedure or application of law, the person charged shall not be summoned to attend the appeal hearing unless the court finds that there are special reasons for doing so. If the court is only to try the issue of the imposition of a penalty or other sanction, a summons may be omitted if the presence of the person charged is considered superfluous.

§ 335. If on an appeal from the person charged the Court of Appeal shall try the issue of the evidence in relation to the issue of guilt, it shall be stated in the writ of summons that his appeal against the assessment of evidence will be summarily dismissed if he does not appear. Otherwise the person charged shall be summoned in accordance with the provisions of section 87.

§ 336. If the person charged is summoned in accordance with section 335, first sentence, and does not appear without it being shown to be clear or probable that he has a lawful excuse, his appeal against the assessment of evidence shall be summarily dismissed. The same applies if it has not been possible to serve such a summons on him because he has absconded. The summary dismissal is no bar to a trial of the appeal which the court may undertake regardless of any ground of appeal.

§ 337. An order of summary dismissal pursuant to section 336, first paragraph, first sentence, may be reversed if the person charged shows it to be probable that he had a lawful excuse for his absence and that he cannot be blamed for failing to give notice in time. An order pursuant to section 336, first paragraph, second sentence, may be reversed if the person charged shows it to be probable that he had not absconded.

§ 338. When a party in a case before the Supreme Court finds it necessary to have evidence taken judicially or to have a judicial inquiry carried out, the said party may apply for a judicial recording of evidence.
An application for evidence to be judicially recorded shall be submitted to the Interlocutory Appeals Committee of the Supreme Court, which will decide whether the application shall be granted.
The provisions of section 271 shall apply correspondingly.

§ 339. At an appeal hearing that is not concerned with the assessment of evidence in relation to the issue of guilt, the appellant shall be entitled to speak first. If both parties have appealed, the president of the court will decide who shall speak first.

§ 340. In the Supreme Court evidence shall be adduced by reading aloud from the documents relating to the case. Experts may, however, be directly examined before the Supreme Court. An inquiry may be conducted by the Supreme Court if it does not require an inspection of the scene of the crime.

§ 341. The appellant may withdraw the appeal at any time prior to the commencement of the appeal hearing and, with the consent of the opposite party, at any time prior to its conclusion.

§ 342. If the appellate court shall not try the issue of the assessment of evidence in relation to the issue of guilt, it is bound by the grounds of appeal that are stated in the appeal, cf. section 314, first paragraph.

§ 343. A procedural error will only be taken into consideration if it is deemed to have affected the substance of the judgement.

§ 344. If the application of the law is upheld, the court shall not alter the sentence imposed, unless it finds that the sentence is obviously disproportionate to the criminal act committed.

§ 345. If the hearing is concerned with the assessment of evidence in relation to the issue of guilt, the appeal shall be decided by a judgement pursuant to the provisions of section 40.

§ 346. An order made by the Court of Appeal pursuant to section 345 is subject to appeal. The provisions concerning appeals against judgements shall apply correspondingly.

§ 347. When a judgement is set aside, the main hearing shall also be set aside unless the court finds that the setting aside should only apply to the judgement.

§ 348. If the person charged has been convicted of two or more offences by the judgement appealed against, and the issue of the assessment of evidence in relation to the issue of guilt shall be tried only for some of them, the court shall in the event of a convicting judgement determine a joint penalty for all the offences. If the person charged is acquitted, the court shall determine a new penalty for the offences to which the conviction continues to apply.

§ 349. When the appeal is decided, the documents relating to the case shall, together with the decision, be sent to the prosecuting authority, which shall ensure that they are served on the person charged and any other parties as far as is necessary and that the court that made the decision appealed against is duly informed.

§ 350. If the case is retried after the judgement is set aside, new lay judges shall be appointed. The court shall follow the interpretation of the law on which the decision in the appeal case is based.

§ 351. An appeal by the prosecuting authority in favour of the person charged cannot result in any alteration that is detrimental to him. An appeal by the prosecuting authority solely against a contravention of procedural rules made exclusively for the protection of the person charged shall in all cases be deemed to be an appeal in his favour.

Chapter 24. Appeal hearing with a jury

§ 352. The Court of Appeal shall during an appeal hearing sit with a jury when an appeal is brought against the assessment of evidence in relation to the issue of guilt and the appeal is concerned with a felony punishable pursuant to statute with imprisonment for a term exceeding six years.

An increase of the maximum penalty because of repeated offences, concurrence of felonies, or the application of section 232 of the Penal Code shall not be taken into account.

§ 353. If an appeal is brought against the assessment of evidence in relation to the issue of guilt for two or more offences that have been consolidated in one case and the appeal in regard to some of them shall be tried with a jury, it shall be tried with a jury in respect of all the offences.

If an appeal is concerned with two or more offences and there is in regard to some of them an appeal relating to evidence which shall be tried with a jury, whereas in regard to others there is an appeal against other aspects of the judgement, they shall be tried at the same appeal hearing. The appeal in regard to the latter offences shall be heard by the court without the participation of the jury. If four jury members are selected to join the court pursuant to section 376 e, first paragraph, they shall, nevertheless, take part in deciding the question of a sanction and the other questions referred to in the said section for the whole case.

§ 354. In cases that are to be tried with a jury, the provisions of chapter 23 shall apply in so far as they are appropriate and it is not otherwise provided.

§ 355. The jury shall have 10 members.

§ 356. The parties are entitled to exclude as many jurors and deputies as are present in excess of 10, or in excess of 11 or 12 in the cases referred to in section 355, second paragraph.

§ 357. If there are two or more persons indicted in the same case, they shall exercise the right of exclusion jointly. If they cannot agree, they are each entitled to exclude an equal number. If this cannot be done either, it shall be decided by lot who is to exercise the right of exclusion, or, as the case may be, who shall exclude the greater number.

§ 358. With the consent of the parties the jury that has served in the preceding case may serve in the next case if the hearing of the latter case is commenced on the same day.

§ 359. The president of the court shall inform the members of the jury of the course of the court proceedings and of the jury's tasks and responsibility. He shall especially impress on the members of the jury that until the verdict of the jury has finally been pronounced, they must not have any discussion or contact with any person other than the court as regards the case, and that they must not without the permission of the president of the court leave the conference room after they have retired to answer the questions put to them.

§ 360. The president of the court shall then ask the members of the jury: "Do you affirm that you will pay close attention to the whole proceedings in the court and answer the questions that will be submitted to you as truthfully and justly as you can according to the law and the evidence in the case?" The members of the jury standing and each in turn shall answer: "I do so affirm."

§ 361. Under the leadership of the president of the court the jury shall choose a foreman by secret ballot. If the vote is tied, the choice shall be decided by lot. The jury shall be given a list of the members of the jury arranged in the order decided by lot pursuant to section 85 of the Courts of Justice Act.

§ 362. A judgement of acquittal pursuant to section 286 may be pronounced by the court without the participation of the jury, unless the acquittal is based on the expiry of a period of limitation, and it is disputed when the criminal act was committed.

§ 363. After the production of evidence relating to the issue of guilt is completed, the prosecutor shall submit a draft of the questions to be put to the jury. Defence counsel shall be given an opportunity to comment on the said draft. When required, a short adjournment shall be granted in order to study the draft.

§ 364. The object of the questions is the matter to which the indictment relates.

§ 365. All questions shall be so framed that the jury can answer yes or no to any of them.

§ 366. A primary question shall, unless it relates to a matter that is not concerned with criminal guilt, begin with the words: "Is the person indicted guilty?" The question shall include the legal indicia of the criminal act and a short, but as accurate as possible, description of the matter to which the indictment relates, with details of time and place.

§ 367. If the jury is to decide whether there are such special circumstances as would pursuant to statute bring the matter under a more severe or milder penal provision, an additional question concerning this issue may be put. This question shall only be answered if an affirmative answer is given to the question to which the additional question is connected.

§ 368. When the questions have been defined, the president of the court shall read them aloud. Each member of the jury shall receive a transcript of the questions.

§ 369. The jury shall then retire to a secluded room to consider its verdict. The jury shall take with it the written list of questions signed by the president of the court.

§ 370. The foreman of the jury shall be in charge of the jury's consideration of its verdict.

§ 371. When it has finished considering its verdict, the jury shall under the leadership of its foreman vote on the individual questions in the order in which they are put. The members of the jury shall vote in the sequence decided by lot pursuant to section 85 of the Courts of Justice Act. The foreman shall vote last.

§ 372. At least seven votes are required for an answer that is in disfavour of the person indicted. The answer shall include a statement that it has been given by more than six votes.

§ 373. After the voting the members of the jury shall return to their places in the courtroom. The foreman shall rise and say: "The jury has on its honour and in good conscience given the following answers to the questions that have been put." He shall then read aloud the answers that have been given to each of the questions.

§ 374. If the court finds that the verdict of the jury has not been arrived at in a lawful manner, or that it is obscure, incomplete, or contradictory, or if there is any doubt as to whether the answer expresses the jury's real opinion, and the defect cannot be remedied immediately or the doubt removed by an explanation from the foreman, the court may, as long as judgement has not been pronounced, order the jury to retire in order to reconsider and vote again on the question to which the defect relates.

§ 375. As long as judgement has not been pronounced, the court may decide to amend the questions or to put new questions after the parties have been given the opportunity to express their views.

§ 376. If the jury's verdict is that the person indicted is not guilty, the court shall pronounce a judgement of acquittal if it does not make a decision pursuant to section 376 a.

§ 376 a. If the jury's verdict is that the person indicted is not guilty, but the court finds that he is undoubtedly guilty, the court may unanimously decide that the case shall be retried before other judges. At the new trial the Court of Appeal shall be constituted as a composite court.22

§ 376 b. If the jury’s verdict is that the person indicted is guilty, the determination of a penalty or other sanction shall be based on this verdict unless the court finds that the conditions for pronouncing judgement in accordance with the second or third paragraph are fulfilled, or the court makes a decision pursuant to section 376 c.

§ 376 c. If the jury’s verdict is that the person indicted is guilty, but the court finds that insufficient evidence of his guilt has been produced, the court may decide that the case shall be retried before other judges. The provisions of section 376 a, first paragraph, final sentence, and second and third paragraphs, shall apply correspondingly.

§ 376 d. When a decision for a retrial has been made pursuant to section 376 c, the person indicted cannot be convicted under more severe penal provisions than he would have been convicted under on the basis of the jury's verdict in the first trial unless the conditions for reopening the case are fulfilled.

§ 376 e. If the jury has declared the person indicted guilty, and the court does not pronounce a judgement of acquittal pursuant to sections 376 b to 376 d or refer the case to a new main hearing, three members of the jury chosen by lot shall together with the foreman join the court in deciding the question of imposing a penalty or other sanction as specified in section 2, first paragraph, and the question of liability for costs in these cases. The drawing of lots shall be done in such a way that, including the foreman, there shall be an equal number of men and women among the jurors who join the court.

§ 376 f. Thereupon first the prosecutor and then defence counsel shall address the court on the question of sanctions and submit such evidence as may be necessary in this regard. When defence counsel has finished, the person indicted shall be asked whether he has anything to add. The addresses and the submission of evidence must not be intended to challenge what has been decided by the verdict of the jury.

Chapter 25.

(Repealed by Act of 11 June 1993 No. 80.)

Chapter 26. Interlocutory appeal

§ 377. An interlocutory appeal may be brought against a court order or decision by any person who is affected thereby unless it may be the subject of an appeal proper or may serve as a ground of such an appeal by the said person, or it is by reason of its nature or a specific statutory provision unchallengeable.

§ 378. An interlocutory appeal may not be brought against court orders or decisions made during the main hearing except in the following cases:

§ 379. The time-limit for an interlocutory appeal is two weeks unless it is otherwise provided. The provisions of section 310, third paragraph, and section 318, first paragraph, shall apply correspondingly.

§ 380. Notice of an interlocutory appeal shall be given in writing or orally to the court whose decision is being appealed against. The provisions of section 312, second paragraph, and section 319, second paragraph, shall apply correspondingly.

§ 381. If the court finds the interlocutory appeal justified, it shall alter its decision in so far as it has power to do so. Otherwise it shall without delay forward the notice of appeal together with the pertinent documents to the interlocutory appeals court.

§ 382. An interlocutory appeal has no suspensive effect unless it is so provided by statute, or the court whose decision is being appealed against or the interlocutory appeals court so decides.

§ 383. The appellant and other persons affected by the interlocutory appeal may submit a written statement concerning the case. The court that made the decision that is being appealed against may do likewise.

§ 384. The interlocutory appeals court may obtain further information and decide that evidence be judicially recorded. This shall be done in accordance with the provisions for the judicial recording of evidence outside the main hearing.

§ 385. An interlocutory appeal shall be decided by a court order without oral proceedings.

§ 386. When an interlocutory appeal has been decided, the documents relating to the case shall, together with the court order, be sent to the prosecuting authority, which shall arrange for notification of the person charged or other persons whom the court order concerns and of the court that made the decision appealed against.

§ 387. When there are special reasons for so doing, the court may decide to conduct oral proceedings concerning an interlocutory appeal, including an examination of the parties and witnesses or the hearing of other direct evidence. Neither an interlocutory appeal nor an appeal proper may be brought against the court's decision. During such oral proceedings the court record shall be kept according to the provisions of section 21.

§ 388. No further interlocutory appeal may be brought against the Court of Appeal's decision of an interlocutory appeal except in the following cases:

Chapter 27. Reopening a case

§ 389. A case that has been decided by a legally enforceable judgement may on the petition of one of the parties be reopened for a new trial when the conditions prescribed in sections 390 to 393 are fulfilled. If the judgement has been pronounced by the Court of Appeal and it includes the assessment of evidence in relation to the issue of guilt, the case may be reopened even though the judgement is not legally enforceable.

§ 390. Reopening of a case may be required when a judge or member of the jury who has taken part in the hearing of the case was by law ineligible for the position of judge or disqualified and there is reason to assume that this may have affected the decision.

§ 391. In favour of the person charged reopening of the case may be required:

§ 392. Even though the conditions prescribed in section 390 or 391 are not fulfilled, the court may order the case to be reopened in favour of the person charged when the Supreme Court has departed from a legal interpretation that it has previously adopted and on which the judgement is based.

§ 393. The prosecuting authority may require the case to be reopened to the detriment of the person charged when:

§ 394. The petition shall be submitted to the court that has pronounced the judgement challenged. This applies even if judgement has been pronounced in a higher court on appeal, in so far as the appellate court has not tried that aspect of the judgement which is being challenged.

§ 395. No judge who has been a party to pronouncing the judgement challenged may take part in deciding a petition for a case to be reopened or in a new trial of the case.

§ 396. The petition must state the grounds for reopening the case and the evidence that will be adduced.

§ 397. If the petition is not rejected pursuant to section 396, it shall be submitted to the opposite party for comment.

§ 398. The court shall by order decide whether to allow a reopening of the case. The provisions of section 54 shall not be applicable.

§ 399. If the convicted person is dead, the court shall either reject the petition for a reopening of the case or pronounce a judgement of acquittal without a main hearing.

§ 400. If it is decided to reopen the case, a completely new trial of the case shall be conducted by the court that pronounced the judgement challenged.
The provision of section 351, first sentence, shall apply correspondingly.

§ 401. In relation to a court order that summarily dismisses a case, or that summarily dismisses or rejects an appeal, the provisions relating to the reopening of judgements shall be applicable in so far as they are appropriate. The same applies to a decision that disallows an appeal.

PART VII. Private prosecutions and civil legal claims

Chapter 28. Private prosecutions

§ 402. Pursuant to the provisions of this chapter an aggrieved party may institute a private prosecution in the case of:

§ 403. Proceedings pursuant to section 402, first paragraph, item 1 or 2, must be brought within the time-limits specified in section 80 of the Penal Code.

§ 404. If it is decided to conduct a public prosecution in a case referred to in section 402, first paragraph, item 2, the aggrieved party may join the prosecution. In this case the aggrieved party has the same party rights as a private prosecutor. This does not, however, in any way affect the position of the aggrieved party as a witness in the case.

§ 405. When an application for a public prosecution in a case referred to in section 402, first paragraph, item 3, is rejected, a writ of summons must be filed within the time-limits specified in section 403, second paragraph. The provisions of section 403, third paragraph, shall apply correspondingly.

§ 406. If the prosecuting authority has decided to abandon a prosecution instituted for a criminal act referred to in section 402, first paragraph, item 2 or 3, the aggrieved party may take over the prosecution and take the place of the prosecuting authority as the case stands. Notice to this effect or a writ of summons pursuant to section 412 must be sent to the court within the time-limits specified in section 403, second paragraph. If the prosecuting authority has instituted proceedings pursuant to the provisions concerning court procedure in military criminal cases in sections 463 ff., the case shall continue pursuant to the provisions of this chapter.

§ 407. If the prosecuting authority abandons a defamation case after the main hearing has begun, the said authority shall immediately inform the aggrieved party accordingly.

§ 408. If there are two or more aggrieved parties, each one of them may exercise the right to prosecute independently of the others. If any of them has instituted a prosecution, the others only have the right to join in the case as it stands.

§ 409. In a private prosecution the provisions relating to the prosecuting authority in chapters 19, 21 to 24 and 26 to 27 shall be applicable to the private prosecutor. Otherwise the provisions relating to public prosecutions shall be followed as far as it is possible and not otherwise provided. In the course of the proceedings the court should give the parties such guidance as is necessary in order to avert or correct procedural errors or defects. The court shall ensure that the case is pursued without undue delay.

§ 410. In cases before the Court of Appeal the private prosecutor must engage counsel to conduct the case. The rights of the private prosecutor during the preparatory proceedings and the main hearing may only be exercised through counsel.

§ 411. The court may order the private prosecutor to appear in person.

§ 412. A private prosecution shall be instituted by a writ of summons, unless an indictment has already been served. The writ of summons shall be signed by the private prosecutor or his legal representative and shall contain the matters specified for an indictment in section 252, first and third paragraphs.

§ 413. On the application of the defendant the court may decide that as a condition for allowing the case to proceed the private prosecutor shall provide security for such costs as he may be ordered to pay the defendant.

§ 414. When the aggrieved party takes over a prosecution after an indictment has been served, the provisions of section 412, second paragraph, shall apply correspondingly. If the case is not summarily dismissed pursuant to those provisions, the private prosecutor's notice that he is taking over the prosecution shall be served on the defendant. At the same time the defendant shall be requested to deliver a written reply, or summoned to a court sitting pursuant to the provisions of section 412, third paragraph.

§ 415. In a case pursuant to section 402, first paragraph, item 2, which is brought by or against a public official, and in a case pursuant to section 402, first paragraph, item 3, the private prosecutor shall provide the prosecuting authority with a copy of the writ of summons at the same time as it is filed or a notice that he is taking over the prosecution is sent to the court. The court shall notify the prosecuting authority of court sittings during the preparatory proceedings and of the main hearing.

§ 416. If after a court sitting is held during the preparatory proceedings in a case referred to in section 402, first paragraph, item 3, the court finds that there are not sufficient grounds for a private prosecution, it shall summarily dismiss the case.

§ 417. The court shall summon the parties, witnesses and experts.

§ 418. As a condition for summoning witnesses, appointing experts, or ordering the judicial recording of evidence or any other legal process on the application of one of the parties, the court may require a sufficient amount to cover the costs to be deposited. If it finds that the application has been justified, the costs shall be met by the State. The court may also decide that the costs of witnesses who attend voluntarily and of experts who are not appointed shall be met by the State.

§ 419. Section 99 of the Civil Procedure Act shall apply in the event of mediation and conciliation in court.

§ 420. If the case is quashed pursuant to the provisions of section 419, third paragraph, the court may reverse its order if the private prosecutor shows it to be probable that he is not to blame for the circumstances that justified quashing the case. An application for any such reversal must be submitted before the expiry of the time-limit for an interlocutory appeal. The provisions of section 318, first paragraph, shall apply correspondingly.

§ 421. If the private prosecutor wishes to appeal to the Court of Appeal, he must engage counsel to conduct the case. In the case of an appeal to the Supreme Court he must engage counsel who is entitled to conduct cases before the Supreme Court.

§ 422. If counsel does not appear for the private prosecutor at the hearing of the case in the Supreme Court or the Court of Appeal or at any court sitting referred to in section 412, last paragraph, or section 414, and it is not made clear or shown to be probable that there is a lawful excuse for his absence, the case shall be summarily dismissed. The same applies when the private prosecutor exceeds a time-limit fixed by the court pursuant to section 409, first paragraph, fourth sentence. The case shall also be summarily dismissed when the private prosecutor fails to comply with an order or obligation pursuant to section 411.

§ 423. When the defendant appeals in a case not relating to defamation, the prosecuting authority shall take over the prosecution and ensure that the notice of appeal is served on the private prosecutor. The latter may join the prosecution pursuant to the provisions of section 404.

§ 424. When the defendant appeals in a case of defamation, the provisions of section 421 and section 422, first and second sentences, shall apply correspondingly to him.

§ 425. When an appeal is summarily dismissed pursuant to section 422 or section 424, first paragraph, or the case is quashed pursuant to section 424, second paragraph, the provisions of section 420 shall apply correspondingly.

Chapter 29. Civil legal claims

§ 426. When the aggrieved person first appears in court, he shall be asked whether he has any claims that he wishes to pursue pursuant to section 3 if this has not previously been made clear. If so, he shall be informed of his opportunity to have any such claim decided in connection with the criminal proceedings.

§ 427. In a public case the prosecuting authority may on application pursue such civil legal claims as are specified in section 3. The person entitled to any such claim must then provide further information concerning the grounds for and the amount of the claim and what evidence he can produce.

§ 428. Any person who has any such civil legal claim as is specified in section 3 may himself pursue it in connection with a public case if a main hearing is held. The court may at any stage of the case refuse to allow the claim to be pursued during the main hearing if this would cause considerable inconvenience. This does not, however, apply in a criminal case of defamation or in a case referred to in section 2, first paragraph, item 3.

§ 429. In private prosecutions the private prosecutor may pursue civil legal claims in the same way as a proposal for a penalty.

§ 430. On the application of the County Governor the prosecuting authority may submit a claim for a judgement declaring that a marriage is void if this is a precondition for the indictment. In the same way a claim may be submitted that a marriage shall be dissolved on the grounds of kinship or a previous marriage.

§ 431. The court may decide that the hearing of a civil legal claim shall be postponed until the criminal case has been adjudicated.

§ 432. If the court finds that the information given in the case is insufficient to enable the amount of the claim to be determined, the court may pronounce judgement for such part of the claim as it finds to be substantiated.

§ 433. Except with the consent of the defendant or the court, an application for the adjudication of any civil legal claim may not be withdrawn after the main hearing has begun unless the claim is at the same time abandoned.

§ 434. If in an appeal or a reopening of the case in criminal proceedings the issue of the evidence in relation to the question of guilt is to be tried, the parties may also require a new hearing of the civil legal claims. An application to this effect, with details of the evidence to be produced, must be submitted in time for the other party to be able to prepare for the hearing.

§ 435. A separate appeal against the decision of civil legal claims shall be brought according to the provisions of the Civil Procedure Act. The same applies to a reopening of the case.

Part VIII. Costs and compensation in connection with a prosecution

Chapter 30. Costs of the case

§ 436. If the person charged is convicted or a statement is declared null and void in a public case, the person charged should normally be ordered to compensate the State for the necessary costs of the case. In particular, a person charged who can be blamed for having behaved in such a manner during the prosecution that the costs are higher than necessary should be ordered to cover the extra costs. Costs may also be imposed when, after a date has been set for the main hearing, a case is dismissed because the person charged accepts a previously given option of a fine.24

§ 437. In determining costs pursuant to section 436, expenses incurred for members of the court, court officials or court premises shall be disregarded.

§ 438. If a public prosecution ends in an acquittal, or if it is discontinued contrary to the provisions of section 69 or 70, the court shall award the person charged compensation from the State for necessary expenses incurred for his defence unless he himself wilfully incurred suspicion. Compensation for payment to his defence counsel shall not exceed the amount defence counsel would have been awarded if he had been appointed official defence counsel.

§ 439. When the aggrieved person in a public prosecution himself pursues civil legal claims, the provisions for compensation for costs in chapter 13 of the Civil Procedure Act shall apply correspondingly to costs relating to such claims.

§ 440. In a private case pursuant to this Act the provisions relating to compensation for costs in chapter 13 of the Civil Procedure Act shall apply correspondingly.

§ 441. A decision relating to compensation for costs shall be made in the judgement or in the order concluding the case. If such a decision is not made, or if the prosecution is discontinued without a judgement or order, an application for costs may be submitted for decision by order of the court that has dealt with the case, or if no court has done so, by a court of summary jurisdiction. Any such application shall be submitted not later than one month after it has become permissible to do so. Before any decision is made, the opposite party shall be given the opportunity to express his views.

§ 442. If the judgement is appealed against, the appellate court shall try the issue of compensation for costs when the issue of the evidence in relation to the question of guilt is tried, and otherwise when the decision is directly dependent on the outcome of the appeal. Otherwise an interlocutory appeal may be lodged on the ground that the question of costs has been decided contrary to law.

§ 443. Defence counsel for the person charged is deemed to be authorised to receive such compensation as is awarded pursuant to section 438. He may require direct payment to himself of such part of the compensation as is necessary to cover outstanding expenses and fees. Such part of the compensation as is payable for this purpose cannot be subjected to execution by other creditors of the person charged, or form part of his estate in bankruptcy or be set off against any debt due from the person charged to the State.

Chapter 31. Compensation in connection with a prosecution

§ 444. If a person charged is acquitted or the prosecution against him is discontinued, he may claim compensation from the State for any damage that he has suffered through the prosecution if it is shown to be probable that he did not commit the act that formed the basis for the charge. If a sentence of imprisonment or other custodial sanction has already been executed, any damage resulting from this shall be compensated for without regard to what has been shown to be probable.

§ 445. Even if the conditions prescribed in section 444 are not fulfilled, the court may award the person charged compensation for special or disproportionate damage resulting from a criminal prosecution whenever this appears to be reasonable under the circumstances.

§ 446. If the conditions relating to compensation prescribed in section 444 or 445 are fulfilled, the court may, when special reasons so indicate, award the person charged a suitable amount as redress for the indignity or other damage of a non-pecuniary nature that he has suffered as a result of the prosecution.

§ 447. Any claim for compensation or redress must be submitted not later than three months after the person charged has been informed of the decision that finally concludes the case. The provisions of section 318, first paragraph, shall apply correspondingly.

§ 448. For damage or other inconvenience caused to persons other than the person charged through inquiry, search, seizure, telephone control pursuant to chapter 16 a, or any other measure taken during the case, a court of summary jurisdiction or the court that has ordered the said measure may award compensation when this appears to be reasonable under the circumstances.

§ 449. The prosecuting authority shall be given the opportunity to express its views on the claim. The court may obtain further information and decide that evidence be judicially recorded.

§ 450. If the judgement is appealed against, the appellate court shall try the decision concerning compensation to the person charged when it tries the issue of the evidence in relation to the question of guilt, and otherwise when the decision depends directly on the outcome of the appeal. If the decision is not triable pursuant to these provisions, it may be the subject of an interlocutory appeal.

§ 451. A decision relating to compensation to the person charged may be reopened separately when the conditions prescribed in section 405 or 407 of the Civil Procedure Act are fulfilled. The provisions of section 408 of the said Act shall apply correspondingly. The provisions of chapter 27 shall apply to the hearing.

Part IX. Execution

Chapter 32. Execution

§ 452. A judgement shall be executed as soon as it is legally enforceable unless it is otherwise specially provided. The same applies to a court order that imposes a penalty or costs or other compensation to the State.

§ 453. Execution of a judgement may be commenced before the said judgement is legally enforceable if the convicted person so requests and the prosecuting authority finds it to be appropriate and unobjectionable under the circumstances.

§ 454. A claim set out in a writ giving the option of a fine25 falls due immediately the option is accepted. The writ may be executed as from the same date. If the acceptance is appealed against before the expiry of the time-limit for an appeal, execution cannot, however, take place before the case is decided.

§ 455. The public prosecutor will decide on execution of judgement in cases of felonies. The decision shall, however, be made by the police in cases in which the police have instituted a prosecution pursuant to section 67, second paragraph, second sentence. In cases concluded by acceptance of the option of a fine26 and in cases of misdemeanours the decision will be made by the police.

§ 456. Fines and other pecuniary claims ordered to be paid in a public prosecution shall be recovered by the State Agency for the Recovery of Fines, Damages and Costs. The said State Agency shall also recover such claims as it is ordered to recover pursuant to statute or any regulation of the Ministry.

§ 457. The King will prescribe further regulations relating to the recovery of fines and other pecuniary claims.

§ 458. If the court of judgement or the prosecuting authority has recommended that a penalty should be remitted or made subject to a conditional pardon, such penalty may not be executed before the question of pardon has been dealt with by the King.

§ 459. Execution of a custodial sentence shall be deferred if the convicted person has become seriously mentally ill or his state of health otherwise makes execution inadvisable.

§ 460. In executing a custodial sentence the entire period during which the convicted person has been remanded in custody after judgement has been pronounced shall be taken into account. This shall apply correspondingly in the case of execution of a fine, so that a deduction shall be made pursuant to the provisions laid down in accordance with section 457.

§ 461. If a convicted person who is at liberty shall serve a custodial sentence, the police shall send him an order to appear at a fixed time and place so that execution of the sentence may be commenced.

§ 462. If any disagreement arises between the prosecuting authority and the convicted person concerning interpretation of the judgement, calculation of the length of the sentence, or any similar question relating to the execution thereof, the convicted person may require the question to be decided by order of the local court or the court that judged the case. The same applies when there is a dispute as to whether the person against whom the judgement is sought to be executed is the convicted person.

Part X. Legal procedure in military criminal cases

Chapter 33. General provisions

§ 463. All cases concerning the prosecution of contraventions of the Military Penal Code shall be dealt with pursuant to the provisions of this part when the contravention is committed by a military person. In so far as it is not otherwise prescribed by the provisions of this part, the other provisions of this Act shall apply correspondingly.

Under threat of war the King may decide that the provisions relating to military legal proceedings in wartime shall be applicable to the whole or parts of the realm. In the same way the King may make provisions for a transition to peacetime legal proceedings.

§ 464. In wartime, cases concerning the prosecution of civil felonies and misdemeanours shall also be dealt with pursuant to the provisions of this part when they are brought against persons referred to in section 463, second and third paragraphs, and the criminal act has been committed in a military area, theatre of operations, or outside the realm.

§ 465. When the conditions for consolidating the prosecution of two or more criminal acts in one case pursuant to section 13 are fulfilled, but the acts are only partly covered by the provisions of this part, the persons entitled to prosecute may agree that the case shall in its entirety be dealt with pursuant to the general provisions of this Act or pursuant to the provisions of this part.

Chapter 34. Constitution of the court

§ 466. In peacetime and in wartime, military criminal cases shall be tried by the ordinary courts.

§ 467. Only military persons over 25 years of age who have completed their preliminary service or similar basic training and who have lived for at least three years in the realm may serve as military lay judges.

§ 468. Lists of military lay judges shall be prepared for each court by such military authorities as the King decides. There shall be separate lists for each branch of the defence force. Half the lay judges shall belong to the category of corporals and private soldiers and half to the category of officers.27 Each list shall contain at least 30 names.

§ 469. When trying a case against a corporal or private soldier half of the lay judges shall belong to this category. The same applies to cases against persons who have no military rank. When trying cases against officers half the lay judges shall belong to the category of corporals and private soldiers and the remainder to that of officers.28 At least one of the latter shall as far as possible have the same or higher rank than the person indicted. The lay judges shall be taken from the same branch of the defence force as the person indicted.

§ 470. The president of the court or a judge shall in sufficient time before the main hearing in the case select the military lay judges from the persons referred to in section 468 by the drawing of lots. In the District Court and in the City Court two lay judges and one deputy member shall be selected. In the Court of Appeal four lay judges and two deputy members shall be selected. Lay judges who have recently served or who have already been selected to serve, and lay judges who will find it difficult to attend shall be passed over. Persons who are not at the time under military command shall also be passed over.

Chapter 35. The prosecuting authority

§ 471. For the prosecution of cases concerning contraventions of the Military Penal Code the officials of the prosecuting authority are:

§ 472. The Director General of Military Prosecutions is a senior state official who shall be appointed by the King. The Director General of Military Prosecutions shall have the same qualifications as are specified for the Director General of Public Prosecutions (cf. section 56).

§ 473. The officials referred to in section 471, items 3 and 4, are subordinate to the Director General of Public Prosecutions and the public prosecutors in the capacity of prosecuting authority. In wartime, however, the Director General of Military Prosecutions and the senior military prosecutors come directly under the Director General of Public Prosecutions.

§ 474. In peacetime the decision whether to prosecute in cases of military felonies shall be made by the public prosecutor unless the decision is reserved to the King in Council or the Director General of Public Prosecutions. The police will decide whether to prosecute in cases of military misdemeanours and in cases of felonies if the police are otherwise competent to do so as authorised by section 67, second paragraph. The Director General of Military Prosecutions, the senior military prosecutor, and the military prosecutor have the same competence to issue writs giving the option of a fine30 as senior and other police officials with prosecuting authority.

§ 475. The military commander specified by the King shall in wartime in all cases be informed of the decision of the question of prosecution.

§ 476. The Director General of Public Prosecutions may himself conduct cases before the Supreme Court or delegate them to the Director General of Military Prosecutions, a senior military prosecutor or a military prosecutor.

§ 477. The King in Council may prescribe further rules concerning the organisation of the military prosecuting authority.

Chapter 36. Other provisions

§ 478. As regards criminal investigation and the use of coercive measures the military police and military officers shall have the same powers as police officers.

§ 479. Besides the penalties mentioned in section 255 military detention may also be applied as an optional penalty.

§ 480. In cases of felonies contrary to section 34, cf. section 95, or section 35, cf. section 96, of the Military Penal Code and in which the person indicted is not present, the main hearing may in wartime proceed pursuant to the provisions of section 281 without regard to the sentence that will be proposed, or pursuant to section 336, second paragraph, without regard to the penalty imposed.

§ 481. Any increase of the penalty limit in wartime is of no significance in relation to the provisions of this Act which accord legal effect to the penalty framework.

Part XI. Commencement of the Act, etc.

Chapter 37. Commencement of the Act and repeal of other Acts

§ 482. This Act shall come into force from the date to be specified by a special Act33.

§ 483. When this Act comes into force, the following Acts shall be repealed:
1) From 1 January 1986 pursuant to Act of 14 June 1985 No. 71
2) Acts of 1 July 1887 No. 5, 21 February 1947 No. 2


1 For examples of such proceedings see sections 237, 241, 247, 269 and 270.

2 See chapter 20, sections 255, 256. (Translator's note)

3 See footnote 1.

4 The court invigilator is a person whose duty it is to observe the proceedings carefully, to see that the legal processes have been duly followed, and to draw the judge's attention to any misconceptions or errors in the understanding or recording of the proceedings. (Translator's note)

5 See footnote 4, section 18, item 1). (Translator's note)

6 Meddomsrett: a court composed of one or more professional judges and two or more lay judges who all adjudicate cases on an equal footing, with one of the professional judges acting as president of the court - here translated as "composite court". (Translator's note)

7 Lensmann: a public official in rural districts. He is a police officer subordinate to the chief of police and the prosecuting authority. His duties also include acting as a maintenance enforcement officer, an electoral registration officer, an execution and enforcement officer, a state tax collector and a process server. There is obviously no English equivalent, so the term is virtually untranslatable. It may be anglicized as "lensman", by analogy with "ombudsman", or it may be loosely translated as "district sheriff", though this has inappropriate connotations. (Translator's note)

8 Embetsmann: a senior State official appointed by the King pursuant to Article 21 of the Constitution. Normally such an official cannot be dismissed except by a court judgement pursuant to Article 22 of the Constitution. (Translator's note)

9 See chapter 20, sections 255, 256. (Translator's note)

10 See footnote 7, section 55, item 4. (Translator's note)

11 See chapter 20, sections 255, 256. (Translator's note)

12 See chapter 20, sections 255, 256. (Translator's note)

13 Distant examination means examination of witnesses and experts by means of a telephone or videophone. (Translator's note)

14 See footnote 13, section 109 a. (Translator's note)

15 See footnote 4, section 18. (Translator's note)

16 See footnote 7, section 55, item 4. (Translator's note)

17 See footnote 4, section 18, item 1. (Translator's note)

18 See chapter 20, sections 255, 256. (Translator's note)

19 See chapter 20, sections 255, 256. (Translator's note)

20 See footnote 6, section 40. (Translator's note)

21 Ibid.

22 Ibid.

23 Ibid.

24 See chapter 20, sections 255, 256. (Translator's note)

25 See chapter 20, sections 255, 256. (Translator's note)

26 Ibid.

27 Befal: officers and non-commissioned officers above the rank of corporal or equivalent rank. (Translator's note)

28 Ibid.

29 See footnote 7, section 55, item 4. (Translator's note)

30 See chapter 20, sections 255, 256. (Translator's note)

31 Ibid.

32 Ibid.

33 1 January 1986, pursuant to Act of 14 June 1985 No. 71.