'Rights during trial - burden of proof' in document 'Norway - General Civil Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II FELONIES

Chapter 15. False testimony

Section 167.

No penalty pursuant to sections 163 and 166 shall be applicable to any person who when charged with a criminal offence has given false testimony.

The same applies when any person gives false testimony if he could not tell the truth without exposing himself or any of his next-of-kin to a penalty or loss of public esteem. Any person who has given false testimony after making an affirmation in such a case shall nevertheless be liable to fines or imprisonment for a term not exceeding two years. If the person concerned had a duty to testify despite the fact that this could expose him or any of his next-of-kin to loss of public esteem, sections 163 and 166 shall apply in the ordinary way.

Section 166 shall not be applicable to statements concerning circumstances which form the basis for taxation.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal