Unaccountability II: Man could be punished for threats against judges

A person charged under sections 157 and 263 of the Penal Code was acquitted in the District Court and the Court of Appeal due to unaccountability, see section 20 of the Penal Code. The indictment included 117 cases of threats against judges, prosecutors, police prosecutors and others. The Supreme Court trusted that the Penal Code's term "severely deviant state of mind" primarily covers the active psychoses, while other disorders with similarly strong symptoms may exceptionally meet the condition. However, personality disorders are not included. In addition, the offender must be unaccountable "due to" the condition. Unaccountability can only be established in the case of fundamental delusional disorder depriving the offender of the ability to assess the overall situation at the time of the act. The defendant in the case had for years suffered from a mental disorder characterised by visual and auditory hallucinations and paranoia. Nonetheless, the symptoms did not have such a decisive influence on his perception of reality that he was unaccountable. A severely deviating state of mind could thus not be established. The defendant could then be punished. The Court of Appeal's judgment was set aside.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Section 20 of the Penal Code. 

Key paragraphs: 35, 39, 46−49

Justices: Øie, Falkanger, Bergsjø, Ringnes, Elsheim