Confiscation order against the owner of a vessel
Supreme Court order 31 March 2020, HR-2020-710-A, (case no. 19-166502STR-HRET), criminal case, appeal against order.
Osprey (PD357) Limited (Counsel Tor Henning Rustan Knudsen) v. The Public Prosecution Authority (Counsel Lars Fause and Tore Kulstad)
Justices: Indreberg, Falkanger, Normann, Arntzen, Steinsvik
The Public Prosecution Authority had issued a confiscation order against the owner of a foreign fishing vessel for breach of Norwegian fishery legislation. No property had previously been seized in the vessel. The Supreme Court, having conducted an oral hearing, found like the lower instances that a valid seizure in the vessel was not a condition for instituting confiscation proceedings against the owner, see section 74 subsection 1 of the Penal Code. The provision is not an exhaustive indication of situations in which confiscation may be claimed against the owner, but states the main rule that the owner must be made a party. When the claim is directed at the owner, the condition in section 74 subsection 2 on preceding seizure is not applicable.