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 Criminal Procedure Code of the Kingdom of Norway

(excerpts)

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Chapter 8.  The person charged

Section 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.

Taking a person to a police station pursuant to section 8 of the Police Act does not confer on him the status of a person charged.

A decision to use against a suspected person a coercive measure of which no notice shall be given does not confer on the said person the status of a person charged. If it is decided to postpone giving notice of a coercive measure, the status of a person charged will

not be conferred until the notice is given. In relation to the provisions of chapter 31, however, a suspect referred to in the first and second sentences will acquire the status of a person charged.

The provisions relating to a person charged in this Act shall apply correspondingly to any person against whom a claim is made or who is brought into the case pursuant to section

Section 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.

Section 84. If there is reason to assume that the person charged is in such a state as is specified in section 44 of the Penal Code, and he has a guardian, the latter also has the rights of a party to the case.
If a person who there is reason to assume is in such a state as is referred to in the first
paragraph lacks the ability to understand what the case is about, or if a summons would have a harmful effect upon him, a summons to him to attend court sittings in the case may be dispensed with. In this case, the guardian alone will exercise his rights as a party to the case during the court sittings. The fact that the person charged himself does not attend court shall not be regarded as a non-appearance in such cases. If he has no guardian, a provisional guardian shall be appointed pursuant to section 90 a of the Guardianship Act.

Section 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.

Section 85. After receiving a lawful summons the person charged is bound to attend a) the main hearing,
b) other court sittings when the court finds that his attendance is necessary in the circumstances of the case, and
c) service of the judgment or to appear for such service pursuant to section 15 9 a of the Courts of Justice Act.
If the person charged has been arrested or detained in custody, he shall be brought to
every sitting of the court that he would have been obliged to attend ifhe had been at liberty.

Section 86. The person charged shall be summoned to attend court by service of a summons. The 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.
In the case of a summons to attend the main hearing the person charged is entitled to
three days' notice and in the case of a summons to attend other court sittings 24 hours' notice.
If the person charged is serving with an established military unit, his immediate superior shall be informed by means of a copy of the summons. The person who is thus informed of the summons is obliged to ensure that the person charged shall as far as possible be enabled to attend court and shall immediately give notification if this cannot be done.

Section 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 summons shall state that he may be brought to the court ifhe fails to appear.
If the attendance of the person charged is assumed to be unnecessary, he shall be
informed that the case may proceed even ifhe fails to appear.
If it appears to be doubtful whether the attendance of the person charged is necessary, the summons shall state that ifhe fails to appear, he may be brought to the court or the case may proceed in his absence.
According to the circumstances the person charged shall also be informed of his right to
consent to the case being adjudicated in his absence.

Section 88. If a person charged who is summoned in accordance with section 42, second paragraph, cf. section 15 9 a of the Courts of Justice Act or sections 86 and 87, first or third paragraph, fails to appear in court or to appear for service of the judgment 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. Appearance by the person charged in an intoxicated state is deemed equivalent to failure to appear. 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. In the event of failure
to appear for service of the judgment a decision pursuant to this paragraph may also be made by the prosecuting authority.
If the circumstances of the person charged provide reason to fear that he will fail to appear at a scheduled main hearing, the court may immediately make a decision pursuant to the first paragraph. If delay entails any risk, the decision may be made by the prosecuting authority. In this case the matter shall as soon as possible be submitted to the court that is dealing with the case. If the person charged provides security for his attendance pursuant to the provisions of section 188, bringing him to the court may be dispensed with.
If a judgment in a criminal case is to be served on the person charged, the prosecuting
authority may decide that he may be arrested in order to effect such service if more than one month has elapsed since the judgment was pronounced and attempts to serve the judgment have failed.

Section 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.

Section 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.

Section 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.
The person charged shall first be examined by the president of the court. The other
members of the court, the prosecuting authority, and defence counsel are then entitled to put questions to the person charged.
The court may leave the examination of the person charged to the prosecuting authority and defence counsel.
The court shall see to it that the examination takes place in a satisfactory manner. Questions that are not relevant to the case shall be disallowed.

Section 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.
Promises, false information, threats or coercion must not be used. The same applies to any means that reduces the level of consciousness of the person charged or his ability to make up his own mind freely. The examination must not aim at tiring out the person charged. He shall be allowed to have the usual meals and necessary rest.

Section 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.
If the person charged refuses to answer, or gives a non-committal answer, the president of the court may inform him that this may be considered to tell against him.

Chapter 9. Defence counsel

Section 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.
When the person charged is under 18 years of age, his guardian shall choose the
defence counsel. The same applies if there is reason to assume that the person charged is in such a condition as is specified in section 44 of the Penal Code, and has a guardian.

Section 95. As defence counsel in the Supreme Court advocates who are entitled to conduct cases before the Supreme Court shall be engaged.
In the other courts any advocate may act as defence counsel. With the special
permission of the court some other suitable person may serve as defence counsel.
In all the courts a foreign advocate may act as defence counsel when the court finds this unobjectionable in view of the nature of the case and other circumstances. The King may by regulations prescribe rules concerning the right of foreign advocates to act as defence
counsel.
The same person cannot act as defence counsel for two or more persons charged who have conflicting interests.

Section 96. During the main hearing the person charged shall have a defence counsel.
During the main hearing in the District Court the person charged is nevertheless not entitled to a defence counsel:
1) in cases pursuant to section 22, first and second paragraphs, and section 24, first paragraph, cf. section 31, of the Road Traffic Act,
2) in cases proceeded with pursuant to the provisions of section 268 ( optional penalty writ),
3) in cases relating only to confiscation.
If the person charged has in court made an unreserved confession that is corroborated by the other evidence, section 99 applies correspondingly in the case of a main hearing in the District Court.

The Court may dispense with the appointment of a defence counsel if it finds this

unobjectionable and the person charged expressly renounces his right to a defence counsel.

If the prosecuting  authority will propose that a special sanction or a sentence of preventive detention be imposed, the person charged shall always have a defence counsel during the main hearing.

If there is reason to assume that the person charged is in such a condition as is specified

in section 44 of the Penal Code, he shall have a defence counsel at every stage of the case.

Section 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 proceed with 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.

The person charged shall have a defence counsel at a court sitting held to decide

whether a witness shall give evidence anonymously, cf.  section 130 a or 234 a. The same applies when the court undertakes an anonymous examination of a witness before the main hearing.

Section 98. If the person charged is arrested, he shall as soon as possible be given a defence counsel immediately it is clear that he will not be released within 24 hours after the arrest.

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.

The person charged shall be allowed to consult his defence counsel before the question of a remand in custody is dealt with. Defence counsel shall as soon as possible and at the latest before the court sitting relating to a remand in custody receive a copy of the documents in the case with which he is entitled to acquaint himself pursuant to section 242.

The appointment of a defence counsel ceases when the arrest or remand in custody ends unless the court otherwise decides in accordance with the provisions of section 100.

Section 99. When a case is remitted to a court 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.

Section 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.

Apart from the cases referred to in sections 96 to 99, the court may also appoint an official defence counsel for the person charged when there are special reasons for doing so.

Section 100 a. When a court deals with a case pursuant to sections 200 a, 202 c, 202 e, 208 a,
210 a, 210 c, 216 a, 216 b, 216 m, 242 a, 264, sixth paragraph, 267, first paragraph, third sentence, or section 292 a, the court shall immediately appoint an official counsel for the suspected person. Counsel shall be appointed even though the suspected person already has a defence counsel. Counsel shall not, however, be appointed pursuant to this provision in cases pursuant to sections 242 a, 264, sixth paragraph, or 267, first paragraph, third sentence, cf. section 264, sixth paragraph, when the prosecuting authority is not opposed to the defence counsel of the person charged having access to information subject to a statutory duty of secrecy, and the defence counsel receives such information.
Counsel shall protect the interests of the suspected person in connection with the court's hearing of the application. Counsel shall be informed of the application and the grounds for it, shall be entitled on request to have access to the documents in the case subject to the restrictions pursuant to sections 242 and 242 a, and shall be entitled to notice of court sittings for dealing with the application and to express his opinion before the court makes its decision. Counsel may bring an interlocutory appeal against the court's order. Chapter 26 shall apply in so far as its provisions are appropriate.
Counsel must not communicate with the suspected person. Counsel shall preserve secrecy about the application, about any information that is disclosed during the hearing of the application, and about the court's decision. If the court decides that a coercive measure may be used, counsel's duty of secrecy also applies to any information that is disclosed as a result of the coercive measure.
The court may by order decide that counsel appointed pursuant to this provision may
not subsequently act as defence counsel in the case.

Section 100 b. When a case concerning a ban on visits to a person's own home, cf. section
222 a, second paragraph, second sentence, is brought before the court, the person who is to be subject to the ban is entitled to have a defence counsel. The provisions of sections 100 and
101 to 107 shall apply correspondingly in so far as they are appropriate.
The first paragraph shall apply correspondingly when a case concerning a ban on making contact in one's own home, cf. section 33, third paragraph, of the Penal Code, is brought before the court.

Section 100 c. To be added by Act of20 May 2005 No. 28 (in force from the date decided by the King).

Section 101. The National Courts Administration shall engage a sufficient number of advocates to serve as permanent official defence counsel. Permanent defence counsel appearing before the Supreme Court must have the right to conduct cases before the Supreme Court.

Section 102. Defence counsel for the particular case or the particular court sitting shall be appointed by the court. Defence counsel pursuant to section 98, first paragraph, may also be appointed by the prosecuting authority. If the person charged has expressed a wish to have a  specific defence counsel, the latter shall be appointed. Another defence counsel may, however, be appointed if the appointment of the defence counsel chosen would lead to
significant delay in the proceedings, including exceeding the time limit for holding the main
hearing in section 275, second paragraph, second sentence. The same applies if the circumstances otherwise make it inadvisable to appoint the defence counsel chosen.
The King may prescribe further rules concerning the appointment of defence counsel
by the prosecuting authority, including rules concerning the right to refer the prosecuting authority's decision to the District Court.
The King may prescribe further rules concerning how the court shall proceed to appoint official defence counsel in cases in which information will be given that according to the Security Act can only be disclosed to persons who are specially authorised. The same applies in cases in which counsel has been appointed pursuant to section 100 a.

Section 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 judicial district, they should normally serve in turn.
If there is no opportunity to appoint one of the permanent defence counsel, the court may appoint another person who could have been chosen as defence counsel. The same applies when it is found to be desirable in order to avoid delaying the case.

Section 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.
The court may in all cases decide that the defence counsel previously appointed shall
continue to serve if his withdrawal would delay the case without good reason.

Section 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.

Section 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.
When there are other circumstances that would have disqualified the defence counsel
from serving as a judge, he shall notify the court thereof, which will then decide whether he may serve as defence counsel.


Section 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 judicial district in question, the King may prescribe further rules concerning to what extent defence counsel shall be compensated for travel, board and accommodation expenses. In cases before the Supreme Court, the said Court shall decide this question.
A permanent official defence counsel must not receive any remuneration for the performance of his duties beyond that determined by the court. Any other official defence counsel may not claim any remuneration from the person charged for his work unless the latter, before defence counsel was appointed, has consented to pay and defence counsel has renounced his right to remuneration from the State.
When special circumstances so warrant, the court may award a private defence counsel
remuneration from the State as if he had been officially appointed. An application to this effect must be submitted before the case is finally decided.

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