Conditions for punishment for removal from care
Supreme Court judgment 27 August 2020, HR-2020-1682-A, (case no. 20-046787STR-HRET), criminal case, appeal against judgment.
A (Counsel Edvard Terje Eide) v. The Public Prosecution Authority (Counsel Jogeir Nogva)
Justices: Webster, Falkanger, Bull, Bergh, Thyness
A father had spent time with his three children from Saturday morning until Sunday evening, despite his contact rights being limited to five hours each Saturday. The father's lawyer, who had let the father and the children stay at his cottage from Saturday to Sunday and also lent the father his care, was acquitted in the Supreme Court of contribution to removal from care, see section 261 of the Penal Code. The condition that the removal from care had to be aggravated, which is part of the objective substance of the penal provision, was, after an individual assessment and under doubt, not considered met. It was mentioned in particular that the removal had been carried out by the children's own father, who had contact rights, and that it took place during a limited period of time. When the main perpetrator could not be punished under section 261, his advocate could not be convicted of contribution.