Punishment for corruption abroad
Supreme Court judgment of 15 September 2017, HR-2017-1776-A, (case no. 2017/674), criminal case, appeal against judgment.
A (Counsel Arild Dyngeland) v. Public Prosecution Authority (Public prosecutor Helen Bærug Hansen)
Justices: Arntzen, Kallerud, Bårdsen, Bull, Matningsdal
The punishment for violation of the Penal Code 1902 section 276a, cf. section 276b, was seven years of imprisonment. The case concerned two separate acts of serious corruption committed by a former legal director in a major industrial company. In connection with the company's negotiations of cooperation agreements in Libya and India, he had entered into an agreement involving payments of substantial amounts to central public officials.
Introductorily, the Supreme Court stated that there is no basis for a reduced sentence when the corruption is committed towards a public official in a country with widespread corruption. In the actual sentencing, it was emphasised that the corruption was committed towards high-ranking public officials, that the convicted person played a central role in the planning and execution of the corruption, and that it involved substantial amounts. It was also mentioned that it is the risk of damage, and not the actual damage, that is decisive under the relevant anti-corruption provisions.