Part I. General Provisions

Chapter 2. Penalties and other sanctions

Section 17. Imprisonment may be imposed :

(a) for a term of from 14 days to 15 years, or in the cases dealt with in sections 60 a, 61 and 62 for a term not exceeding 20 years ;
(b) in cases in which it is specially provided, for a term not exceeding 21 years.

Any provision for imprisonment in this code means imprisonment for a limited period unless it is otherwise expressly stated.

A person sentenced to imprisonment may be released on probation in accordance with the provisions of a special Act (section 26).

Sections 18-19. (Repealed by Act of 12 December 1958 No. 1.)

Section 20. (Repealed by Act of 12 June 1981 No. 62.)

Section 21.

Should a person who is serving detention be sentenced to imprisonment, the execution of the latter sentence would normally commence immediately and the other sentence would be temporarily suspended.

Section 22.

Detention may be imposed for a term of from 14 days to 20 years.

Two days' detention shall be considered the equivalent of one day's imprisonment.

Section 23.

On the application of the convicted person or with his consent, detention may be converted to imprisonment.

Section 24.

When imprisonment is specified as the only form of custodial penalty, an equivalent sentence of detention may be imposed, provided that special circumstances make it probable that the act did not originate from a depraved mind.

Section 25.

A custodial sentence not exceeding four months shall be determined in days; a custodial sentence exceeding four months shall be determined in months and years.

Section 26.

Further provisions for the execution of sentences of imprisonment, community sentences, special criminal sanctions and preventive detention shall be made in a separate Act.

Section 26 a.

In addition to a custodial sentence the court may impose a fine. This applies even though fines are not prescribed as a penalty for the offence. In assessing a custodial sentence the fact that a fine is also imposed shall be taken into account.

The power to combine a custodial sentence with a fine derived from this section is of no significance in relation to statutory provisions that give legal effect to the penalty limits.

Section 27.

When a fine is imposed, due consideration should be given not only to the nature of the offence but also especially to the financial position of the convicted person and to what he can presumably afford to pay in his circumstances.

The fine shall accrue to the State treasury.

Section 28.

When a fine is imposed, a sentence of imprisonment of from one day to three months, or in the cases mentioned in section 63 up to four and a half months, shall be stipulated, which shall be executed if the fine is not paid.

When a fine is imposed pursuant to section 48 a, no sentence of imprisonment pursuant to the first paragraph shall be stipulated.

Part I. General Provisions

Chapter 2. Penalties and other sanctions

Section 26 a.

In addition to a custodial sentence the court may impose a fine. This applies even though fines are not prescribed as a penalty for the offence. In assessing a custodial sentence the fact that a fine is also imposed shall be taken into account.

The power to combine a custodial sentence with a fine derived from this section is of no significance in relation to statutory provisions that give legal effect to the penalty limits.

Section 27.

When a fine is imposed, due consideration should be given not only to the nature of the offence but also especially to the financial position of the convicted person and to what he can presumably afford to pay in his circumstances.

The fine shall accrue to the State treasury.

Section 28.

When a fine is imposed, a sentence of imprisonment of from one day to three months, or in the cases mentioned in section 63 up to four and a half months, shall be stipulated, which shall be executed if the fine is not paid.

When a fine is imposed pursuant to section 48 a, no sentence of imprisonment pursuant to the first paragraph shall be stipulated.

Part I. General Provisions

Chapter 2. Penalties and other sanctions

Section 34.

Any proceeds of a criminal act shall be confiscated. Such liability may, however, be reduced or remitted in so far as the court is of the opinion that confiscation would clearly be unreasonable. Confiscation may be effected even though the offender cannot be punished because he was not accountable for his acts (sections 44 or 46) or did not manifest guilt.

Any asset that takes the place of the proceeds, profit and other benefits of the proceeds shall be regarded as proceeds. Expenses incurred shall not be deducted. If the amount of the proceeds cannot be established, the court will determine the amount approximately.

Instead of any asset an amount equivalent to the value thereof or to part of the said value may be confiscated. It may be stipulated in the sentence that the asset shall serve as security for the amount to be confiscated.

Confiscation shall be effected from the person to whom the proceeds have directly accrued by the criminal act. Basically it shall be assumed that the proceeds have accrued to the offender unless he proves on a balance of probabilities that they have accrued to another person.

Section 34 a.

Extended confiscation may be effected when the offender is found guilty of a criminal act of such a nature that the proceeds thereof can be considerable, and he has committed

a) one or more criminal acts that may collectively be punishable by imprisonment for a term of six years or more, or an attempt at such an act, or
b) at least one criminal act punishable by imprisonment for a term of two years or more, or an attempt at such an act, and the offender during the five years immediately preceding the commission of the said act has been punished for an act of such a nature that the proceeds thereof can be considerable.

Any increase of the penalty limits in the event of repetition shall not be taken into account.

In the event of extended confiscation all assets belonging to the offender may be confiscated unless he proves on a balance of probabilities that the said assets have been lawfully acquired. Section 34, third paragraph, shall apply correspondingly.

In the event of extended confiscation from the offender the value of all assets belonging to the offender's present or previous spouse may also be confiscated unless

a) they have been acquired before the marriage was entered into or after the marriage was dissolved,
b) they have been acquired at least five years before the criminal act that provides a basis for extended confiscation, or
c) the offender proves on a balance of probabilities that the assets have been acquired otherwise than by the criminal acts he has committed.

When two persons are living together permanently in a marriage-like relationship, this shall be deemed equivalent to marriage.

Section 35.

Objects that have been produced by or been the subject of a criminal act may be confiscated if this is considered necessary for the purpose of the provision that prescribes the penalty for the act. Rights and claims are also deemed to be objects. The provision in section 34, first paragraph, third sentence, shall apply correspondingly.

The same applies to objects that have been used or intended for use in a criminal act.

Instead of the object an amount equivalent to its value or part of its value may be confiscated. It may be stipulated in the sentence that the object shall serve as security for the amount confiscated.

Instead of confiscating the object the court may impose measures to prevent the object being used for the commission of new offences.

Section 36.

Confiscation pursuant to section 35 may be effected from the offender or from the person on whose behalf he has acted.

Confiscation of any object mentioned in section 35, second paragraph, or of an amount that is wholly or partly equivalent to its value may also be effected from an owner who has or should have understood that the object was to be used for a criminal act.

Section 37.

A right that is legally secured on an object that is confiscated shall lapse to the extent provided in the sentence in the case of the holder of a right who is himself guilty of the criminal act, or on whose behalf the offender has acted. The provision in section 34, first paragraph, third sentence, shall apply correspondingly.

Such provision may also be made in the case of the holder of a right who, when the right was established, understood or should have understood that the object was to be used in a criminal act, or that it could be confiscated.

When an object is sold with the ownership reserved to the seller, the purchaser shall be deemed to be the owner and the seller the holder of a right in applying the provisions of this section.

Section 37 a.

When any proceeds or object mentioned in section 34 or 35 is after the commission of the offence transferred from a person from whom confiscation may be effected, what has been transferred or its value may be confiscated from the receiver if the transfer has occurred as a gift or if the receiver understood or should have understood the connection between the criminal act and what has been transferred to him.

If extended confiscation may be effected pursuant to section 34 a and the offender has transferred any asset to one of his next-of-kin, the said asset or its value may be confiscated from the receiver if the prosecuting authority proves on a balance of probabilities that it has been acquired by a criminal act committed by the offender.

If the assets of any person referred to in section 34 a, third paragraph, are wholly or partly taken into account in the event of confiscation from the offender, and the said person meets his or her liability pursuant to this section, the offender's liability shall be correspondingly reduced. If the offender has met his liability pursuant to section 34 a, second paragraph, any further contribution from him will lead to the receiver's liability being correspondingly reduced.

The second paragraph shall apply correspondingly in the event of the transfer of an enterprise if the offender

a) alone or together with any person referred to in the second paragraph owns a substantial part of the enterprise,
b) receives a considerable part of the income of the enterprise, or
c) by virtue of his position as head thereof has substantial influence over it.

The same shall apply to any right which was established in the object after the commission of the offence by any person from whom confiscation may be effected.

Part I. General Provisions

Chapter 2. Penalties and other sanctions

Section 37 d.

The proceeds of any confiscation shall accrue to the State treasury unless it is otherwise provided.

In its judgment or by a subsequent order made by the District Court that decided the issue of confiscation, the court may decide that the proceeds of any confiscation may be applied to covering any claim for compensation made by the aggrieved person.

The Ministry may decide that the proceeds of any confiscation shall be divided between the Norwegian State and one or more other States. In the decision importance shall be attached to, inter alia, what expenses have been incurred in such States and in which countries harmful effects have occurred and the proceeds were acquired. Any division pursuant to this paragraph may not result in any reduction of the covering of the aggrieved person's claim for compensation pursuant to the second paragraph.

When proceeds have been confiscated pursuant to section 34, and the convicted person or someone who is responsible for the harm done has paid compensation to the aggrieved person after the date of adjudication, the court may at the request of the convicted person decide that the amount confiscated shall be reduced correspondingly. The same applies if the convicted person pays tax or duty corresponding to the amount confiscated. Any request pursuant to this paragraph must be submitted to the court not later than one year after the decision concerning confiscation becomes legally enforceable.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.