1 Organization, Hierarchy and Internal Independence of Norwegian Prosecution

Prosecution on the National level 2 General Prosecutor's Office 16 prosecutors Regional Prosecution 10 offices, 4-25 prosecutors in each office 27 police districts 650 prosecutors, 5-20 in each district

Prosecution in one region 3 GP Office Public Prosecution in Møre og Romsdal, Sogn og Fjordane (4 public prosecutors) Sunnmøre policeditsrict (9 police prosecutors) Nordmøre policedistrict (9 police prosecutors) Fjordane policedistrict (8 police prosecutors)

Two basic principles for the hierarchical system in the Norwegian prosecution 4 1. The principle of hierarchical competence based on severity of the accusations 2. The principle of following “the straight line” in the decision making process in a penal case

The principle of hierarchical competence based on severity of the accusations 5 This principle means that the more serious the accusation is the higher up in the system the prosecutorial decisions have to be taken Don’t exclude the higher prosecution to have the same competence as the lower level in addition to its own extended one Norwegian CPC § 59 “A superior prosecution authority may wholly or partly take over the conduct of a case that comes under a subordinated prosecution authority, or by a decision in the individual case transfer its conduct to another subordinate prosecution authority”

Why establish the principle of hierarchical competence based on severity? 6 Secure decisions taken by presumably more experienced and competent prosecutor according to the seriousness of the case Secure thorough considerations done accordingly to the seriousness of the case

Prosecution on a case level 7 General Prosecutor's Office Regional Prosecution Police District Police Prosecutor Main Investigator The principle of the „straight line” in a criminal case

Prosecution on a case level 8 General Prosecutor's Office Regional Prosecution Police District Police Prosecutor Main Investigator The principle of the „straight line” in a criminal case

The principle of following the “straight line” in the decision making process in a penal case 9 This means: 1. The straight line with mandatory stops only for the ones appointed on the case This principle applies for concrete pending cases. It means both that the ruling of the case and decision making can only go up and down the hierarchical system from the appointed one on its level to the closest one above or/and under. For instance, if the prosecutor appointed at the GP’s office (in a case with 21 years penal frame) wants to have additional witness statement collected, he has to give instruction to the public prosecutor that will give instructions to the police prosecutor that will involve the main investigator to carry out the requested investigation. When the investigation has been carried out, it goes back following the same line.

The principle of following the “straight line” in the decision making process in a penal case INDEPENDENCE: No one who is not appointed on the case in the hierarchical system can give instruction to the prosecutor on how he/she should rule the case and cannot influence the decisions the prosecutor will take according to his/her competence

The principle of following the “straight line” in the decision making process in a penal case 11 Further: The prosecutor must take a totally independent decision according to his/her competence on his/her level No interference, instruction or pressure from a senior prosecutor in the same office No interference, instruction or pressure from a leader in the department where the prosecutor is appointed or anyone at the same hierarchical level No interference, instructions and pressure from the prosecution appointed on the case on a higher hierarchical level In other words, no one can interfere in how the prosecutor makes his/her decision on his/her level!

The principle of following the “straight line” in the decision making process in a penal case Transparency: Always the prosecutor that signs the decision is the one in fact taking the decision Prosecutorial decisions always documented in the case files.

13 The principle of hierarchical competence based on severity Applied on decisions on different stages of a criminal case

14 Decisions Levels Prosecution Opening of cases Notification duty to the higher level of the prosecution authority Ceasing cases Unknown perpetrator/ suspect under investigation not charged Ceasing cases When a person is charged Deciding complaints of prosecutorial decisions First level Police prosecutors “Politiadvokat” Full competence (rarely used) Notification to second level about sever cases (cases belonging to the second level competence) and cases with special public interests Full competence For contraventions and criminal offences with penal frames less than 6 years Cannot alter own decisions if someone is charged, but is the addressee for complaints and gives reasoned suggestion about alter/not alter to the second level Second level Public prosecutors “Statsadvokat” Full competence (rarely used) Notification to third level about sever cases (cases belonging to the third level competence) and cases with special national public interests Full competence (applied only in special serious cases) For criminal cases with penal frames more than 6 years and less than 21 years Decides complaints on decisions from first level. Further: Cannot alter own decisions, but is the addressee for complaints on these and gives reasoned suggestion about altering /not altering to the third level Third level General Prosecutor “Riksadvokat” Full competence (rarely used) - Full competence (Rarely used) For criminal cases with the penal frame of 21 years Decides on complaints on decisions taken on the second level

15 Decisions Levels Prosecution Decisions concerning investigation steps Deciding on requesting pre-trial detention Prosecute in the court hearings for pre-trial detention Filing an indictment Filing optional writs for contraventions First level Police prosecutors “Politiadvokat” Full competence Full competence (but second level often conferred with in very serious cases) Full competence All contraventions and some of the most common criminal offences special out pointed in the CPC Full competence Second level Public prosecutors “Statsadvokat” Full competence (often applied on cases on own competence level) Full competence (rarely applied) Full competence (never used) All other criminal offences not especially mentioned for the first level, and not offences with 21 years of penal frames Full competence (rarely involved) Third level General Prosecutor “Riksadvokat” Full competence (most often applied on very serious cases) Full competence (rarely applied) Full competence (never used) Criminal offences with 21 years’ imprisonment as penal frames Full competence (rarely involved)

16 Decisions Levels Prosecution Filing optional writs for criminal offences Charge the suspect and sending a case for simplified court hearings in cases with full confessions Transferring a case to meditation (reconciliation) Prosecute in the first instance court Deciding upon appeals on the first instance court First level Police prosecutors “Politiadvokat” Offences with penal frames up to one year, and where the CPC has given competence for filing indictments (and further limitations according to GP’s internal instructional regulations) Equal to the competence provided for indictments For some contraventions and less severe offences according to internal regulations for prosecution According to the competence to file indictments for contraventions and offences. Further, indictments filed by second level less than 6 years penal frames. Further, occasionally appointed by second level in cases exceeding 6 years For contraventions and offences less than 1 year imprisonment, but have to send the appeal through second level, which can decide to stop the appeal Second level Public prosecutors “Statsadvokat” For offences some wider competence than first level according to legislation, but strictly limited according to tradition (case law and internal instructions from GP) not punishable with imprisonment exceeding 10 years Same as the first level (rarely involved) Offences with more than 6 years imprisonment in penal frames and less than 21. Further, appointed as a main rule by GP in cases with 21 years’ imprisonment All offences less than 21 years imprisonment. Third level General Prosecutor “Riksadvokat” Full competence limited by The Criminal law (very rarely involved) not punishable with imprisonment exceeding 10 years ( very rarely involved) In principle, but never involved In principle, but never happensIn principle, but rarely involves

17 Decisions Levels Prosecution Prosecute in the court of appeals Deciding upon appeals to the Supreme Court of the appeal courts’ decisions Prosecute in The Supreme Court First level Policeprosecutors “Politiadvokat” No Occasionally appointed by the second level in cases that is not the most serious No Second level Public prosecutors “Statsadvokat” Full competence Will file the appeal, but has to send it through the GP’s office and can be stopped there or passed on to the Supreme Court Yes, the practical main rule, but the prosecutor are appointed with competence by the GP for each case Third level General Prosecutor “Riksadvokat” Full competence (happens rarely) Full competence Tradition GP in person or deputy in great chamber or plenary hearings