Foreign national could not be punished in Norway for acts that are not punishable in his home country
Supreme Court judgment 21 December 2017, HR-2017-2429-A (case no. 2017/1660), criminal case, appeal against judgment.
The public prosecution authority (Public prosecutor Stein Vale) v. A (Counsel Trygve Staff)
Justices: Webster, Bergsjø, Høgetveit Berg, Arntzen, Endresen
A foreign national was indicted for violation of the Penal Code 1902 section 219. The abuse of the defendant's family, which the case concerned, had started in Yemen and continued after he moved to Norway. The acts were not punishable in Yemen. The Supreme Court concluded like the court of appeal that dual criminality is required to punish the defendant for the part of the offence that took place in Yemen, see the Penal Code 1902 section 12 subsection 1 no. 4 b, also if the abuse was regarded as a continued offence. The abuse committed in Yemen was also not punishable under the Penal Code 1902 section 12 subsection 2. The prosecution authority's appeal against the court of appeal's judgment was dismissed.