Sentence for minor insurance fraud
Supreme Court judgment 27 April 2020, HR-2020-894-A, (case no. 20-020706STR-HRET), criminal case, appeal against judgment.
A (Counsel Frode Sulland) v. The Public Prosecution Authority (Counsel Tomasz Edsberg)
The penalty for violation of section 375 of the Penal Code was suspended prisonment of 14 days and a fine of NOK 14 000. The convicted person had unlawfully tried to have his insurance company pay NOK 12 000 for an allegedly broken TV. The Supreme Court stated that the decision whether a fine is a sufficient penalty for minor insurance fraud must be based on an overall assessment, where the size of the amount, the level of guilt and professionality and how cunning the offence is, are among the factors to be considered. The case concerned a relatively typical type of insurance fraud. Except for the convicted person's confession, there were no mitigating circumstances. The case was considered a borderline case.