Penalty for abuse of public subsidies scheme in connection with the Covid-19 pandemic.
Supreme Court judgment 21 December 2021, HR-2021-2556-A, (case no. 21-135641STR-HRET), criminal case, appeal against judgment.
A (Counsel Jon Anders Hasle) v. The Public Prosecution Authority (Counsel Lars Stoltenberg)
Justices: Webster, Normann, Bergsjø, Bergh, Thyness
The penalty for violating section 372 of the Penal Code, cf. section 371 (b) (aggravated fraud) and section 221 subsection 1 of the Penal Code (false statement to a public authority) was, as in the District Court and the Court of Appeal, nine months of imprisonment. The convicted person had received salary compensation from NAV of just under NOK 500,000. He had falsely stated that he had paid salaries to twelve people allegedly employed in his business. The Supreme Court stated that considerations of general deterrence implied that the penalty had to be stricter than the general penalty level for aggravated fraud in connection with public subsidy schemes. The same considerations prevailed with regard to violation of section 221 of the Penal Code. The convicted person had made an unreserved confession. There were no other mitigating circumstances. The appeal against the Court of Appeal's judgment was dismissed.