Confiscation under the Penal Code

Justices: Øie, Endresen, Normann, Kallerud, Høgetveit Berg

In a case concerning production and storage of descriptions of sexual abuse against children or descriptions sexualising children, the police had confiscated a substantial amount of data equipment at the convicted person's home. The Court of Appeal had ordered confiscation of the equipment used in the criminal act, to which the convicted person had consented. The Supreme Court found that there was no basis for confiscating the other equipment, under neither section 69 nor section 70 of the Penal Code. There was nothing in the wording of section 69 indicating that any functional unit could be counted as one thing. Not under any circumstances could the confiscated equipment be counted as one thing. It concerned a large number of components, which were not joined together, and they were not meant for simultaneous use. Only a very small part of the total equipment could have been used in the criminal act. Also under section 70 of the Penal Code, the equipment had to count as several things. For confiscation under this provision, each thing must be assessed individually. There was no basis for stating that there was a sufficient risk of irreparable harm upon return of the equipment. The prosecution authority's appeal against the Court of Appeal's decision in the confiscation issue was dismissed.