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THE ADJUDICATION OF MINOR VIOLATIONS IN NORWEGIAN LAW Mr. Peter Lauritz Bernhardt

THE ADJUDICATION OF MINOR VIOLATIONS IN NORWEGIAN LAW Mr. Peter Lauritz Bernhardt Judge in the Court of Appeal. Introduction. How do we treat minor violations in Norway? No detention or arrest by administrative decisions. The Writ Institute 1.

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THE ADJUDICATION OF MINOR VIOLATIONS IN NORWEGIAN LAW Mr. Peter Lauritz Bernhardt

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

  2. Introduction • How do wetreatminorviolations in Norway? • No detention or arrest by administrative decisions

  3. The WritInstitute 1 • 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)

  4. The WritInstitute 2 • 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

  5. The WritInstitute 3 • What happens with the non-accepted writs? • The withdrawal of an acceptance • Disputing the acceptance itself • Disputing the amount of the fine/confiscation/compensation

  6. The Roleofthe Court • 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

  7. THANK YOU FOR YOUR ATTENTION !

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