Reindeer owner convicted of aggravated fraud after stating incorrect number of reindeer in his application for subsidies
Supreme Court judgment 22 December 2021, HR-2021-2580-A, (case no. 21-109906STR-HRET), criminal case, appeal against judgment.
I. The Public Prosecution Authority (Counsel Jørn Henning Bremnes) v. A (Counsel Ingar Nikolaisen Kuoljok)
II. A (Counsel Ingar Nikolaisen Kuoljok) v. The Public Prosecution Authority (Counsel Jørn Henning Bremnes)
Justices: Indreberg, Kallerud, Arntzen, Høgetveit Berg, Thyness
A reindeer owner was convicted in the Court of Appeal of violation of section 270 subsection 1 (single fraud) of the Penal Code 1902. He had stated an excessive number of reindeer in an application to the County Governor for subsidies to his siida unit, and erroneously received a benefit of NOK 148 840. The amount has been repaid. The Supreme Court concluded that the decision on repayment could not be regarded as punishment within the meaning of Protocol 7 Article 4 (1) ECHR, so the case was not inadmissible due to repeated prosecution. Since the Sameting had been consulted during the preparation of the scheme providing the basis for the repayment requirement, the submission on invalidity due to lack of consultation could not succeed. The Supreme Court also concluded that the indicative amount limit distinguishing single fraud from aggravated fraud, which has been around NOK 100,000 since 2006, should now be increased to one and a half times the basic amount of the period of action. The reindeer owner was later convicted of violation of section 271 cf. section 270 subsection 1 (2) (aggravated fraud) of the Penal Code 1902, and sentenced to suspended imprisonment of 30 days.