Town wardens and section 155 of the Penal Code on violence etc. against public officials.
Supreme Court judgment 3 September 2020, HR-2020-1724-A, (case no. 20-049331STR-HRET), criminal case, appeal against judgment.
A (Counsel Odd Martin Helleland) v. The Public Prosecution Authority (Counsel Andreas Magne Alfoni Strand)
Justices: Øie, Webster, Bull, Bergh, Høgetveit Berg
A man was charged under section 155 of the Penal Code of having attacked a traffic warden who was about to issue a fine in accordance with the Studded Tire Regulations. The Supreme Court found it clear that the issuance of such a fine constituted exercise of public authority. Municipal town and traffic wardens also had to count as public officials when they in fact exercised public authority. They were clearly covered by "any" in the wording of the provision. A statement in the preparatory works that section 155 of the Penal Code was not to protect municipal traffic or parking wardens could not give any other result. The Court of Appeal had set aside the District Court's judgment that had concluded that the town warden was not to be considered a public official when issuing the fine. The appeal against the Court of Appeal's judgment was dismissed.