THE ADJUDICATION OF MINOR VIOLATIONS IN NORWEGIAN LAW Mr. Peter Lauritz Bernhardt Judge in the Court of Appeal.

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Presentation transcript:

THE ADJUDICATION OF MINOR VIOLATIONS IN NORWEGIAN LAW Mr. Peter Lauritz Bernhardt Judge in the Court of Appeal

 How do we treat minor violations in Norway?  No detention or arrest by administrative decisions

 An offer of settlement of minor violations by the prosecution authority  Restricted to reactions of fines and confiscation as well as compensation to the offended party  The writ institute applies to a wide range of small violations, most important in the field of traffic offences («bad» drivers and/or intoxicated drivers)

 Acceptance of the offender is mandatory  If no acceptance, the writ will constitute an indictment if and when the case is brought before the court  No prison sentence can be established by a writ, except if the fine is not paid  An accepted writ is the final settlement of the case and may be executed

 What happens with the non-accepted writs?  The withdrawal of an acceptance  Disputing the acceptance itself  Disputing the amount of the fine/confiscation/compensation

 Safeguarding the rule of law  Even minor deficiencies will take the case to the court  The court is not bound by the writ when giving its sentence  Simplified procedure if the offender plead guilty

THANK YOU FOR YOUR ATTENTION !