'National penalties - offences against the administration of justice' in document 'Norway - General Civil Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II FELONIES

Chapter 12. Felonies against public authority

Section 132.

Any person who with intent to obstruct any public investigation undertaken or to be undertaken concerning any criminal offence causes the destruction, concealment or distortion of any object of importance to any such investigation, or otherwise obliterates any traces of the offence, or who aids and abets thereto, shall be liable to fines or to detention or imprisonment for a term not exceeding two years.

The same penalty shall apply to any person who causes another person to evade prosecution or any penalty for a criminal offence or special sanction, by escape, concealment, or disguise, or who aids and abets thereto.

No penalty shall apply to any person who has acted with intent to evade or to enable any of his next-of-kin to evade prosecution, or any penalty or special sanction.

PART II FELONIES

Chapter 12. Felonies against public authority

Section 132 a.

Any person who by means of violence, threats, damage or other unlawful conduct aimed at a participator in the administration of justice or any of his next-of-kin

a) abehaves in such a way as is likely to influence the participator to perform or omit to perform an act, task or service in connection with a criminal or civil case, or
b) retaliates for any act, task or service which the participator has performed in connection with a criminal or civil case
shall be liable to a penalty for obstruction of the administration of justice.

A participator in the administration of justice means any person who

a) has reported a criminal matter or has brought an action in a civil case,
b) has made a statement to the police or to the court,
c) works or performs a service for the police, the prosecuting authority, the court or the correctional services,
d) is a defence counsel, counsel for the aggrieved person or legal representative, or
e) is considering the performance of such an act or the undertaking of such a task or such a service.

Any person who aids and abets such an offence shall be liable to the same penalty.

Obstruction of the administration of justice shall be punishable by imprisonment for a term not exceeding five years. If the act is committed under especially aggravating circumstances, a sentence of imprisonment for a term not exceeding ten years may be imposed. In deciding whether especially aggravating circumstances subsist, particular importance shall be attached to whether the offence has endangered any person's life or health, has been committed on more than one occasion, or by two or more persons jointly, or is of a systematic or organized nature.

Grossly negligent obstruction of the administration of justice shall be punishable by imprisonment for a term not exceeding five years.

PART II FELONIES

Chapter 15. False testimony

Section 163.

Any person who gives false testimony in court after making an affirmation shall be liable to imprisonment for a term not exceeding five years.

The same penalty shall apply to any person who gives false testimony outside court after making an affirmation in cases in which the use of an affirmation is legally authorized.

PART II FELONIES

Chapter 15. False testimony

Section 166.

Any person who gives false testimony in court or before a notary public or in any statement presented to the court by him as a party to or legal representative in a case, or who orally or in writing gives false testimony to any public authority in a case in which he is obliged to give such testimony, or where the testimony is intended to serve as proof, shall be liable to fines or imprisonment for a term not exceeding two years.

The same penalty shall apply to any person who causes testimony known to him to be false to be given by another person in any of the above- mentioned cases, or who aids and abets thereto.

PART II FELONIES

Chapter 18. Forging of documents

Section 182.

Any person who with unlawful intent uses as genuine or unfalsified any document that is forged or falsified, or who aids and abets thereto, shall be liable to fines or imprisonment for a term not exceeding two years, but not exceeding four years if the document in question is a Norwegian or foreign official document.

If the document has been used with the intent of obtaining evidence for a lawful claim or for protection against an unlawful claim, fines or imprisonment for a term not exceeding one year may be imposed.