The court's duty to ensure full clarification in criminal cases

Justice: Indreberg, Møse, Webster, Thyness, Steinsvik

A person indicted of violation of section 292, cf. section 291, of the Penal Code had been acquitted in the Court of Appeal. The court's ruling majority – four lay judges – had attached decisive importance to the uncertainty created by the absence of expert witnesses with regard to biological traces in the case. This was clarified during the court's deliberations. The Supreme Court found that the Court of Appeal had neglected its duty under section 294 of the Criminal Procedure Act to ensure that the case is fully clarified by failing to gather such expert evidence as four of the lay judges requested. Considering the nature of the case, fulfilment of this duty was particularly important. The fact that a rehearing would have been necessary could not be decisive. The likelihood that the error could have affected the outcome of the case was clear. The Court of Appeal's judgment and hearing were set aside.