Norway

The General Civil Penal Code

Part I. General Provisions

Chapter 3 a. Criminal liability of enterprises

Section 48 a.

When a penal provision is contravened by a person who has acted on behalf of an enterprise, the enterprise may be liable to a penalty. This applies even if no individual person may be punished for the contravention.

Enterprise here means a company, society or other association, one-man enterprise, foundation, estate or public activity.

The penalty shall be a fine. The enterprise may also by a court judgment be deprived of the right to carry on business or may be prohibited from carrying it on in certain forms, cf. section 29.

Section 48 b.

In deciding whether a penalty shall be imposed on an enterprise pursuant to section 48 a, and in assessing the penalty vis-à-vis the enterprise, particular consideration shall be paid to

a) the preventive effect of the penalty,
b) the seriousness of the offence,
c) whether the enterprise could by guidelines, instruction, training, control or other measures have prevented the offence,
d) whether the offence has been committed in order to promote the interests of the enterprise,
e) whether the enterprise has had or could have obtained any advantage by the offence,
f) the enterprise's economic capacity,
g) whether other sanctions have as a consequence of the offence been imposed on the enterprise or on any person who has acted on its behalf, including whether a penalty has been imposed on any individual person.

Keywords

Criminal responsibility of legal persons



EDIT.