Former advocate convicted of unlawful use of the advocate title

The Court of Appeal had set the penalty for violation of section 371 see section 16 and section 165 (c) of the Penal Code at 30 days of suspended imprisonment and a fine of NOK 15,000. The defendant, who was a former advocate, had presented himself as an advocate when contacting an insurance company to claim an insurance sum under a legal aid insurance policy. The Supreme Court found that the advocate title was not an official title that fell within the description in section 165 (c) of the Penal Code. According to the preparatory works, the provision is limited to titles that are linked to public authority. The advocate title is granted by public authorisation, but does not entail any public authority and is not protected by the provision. Consequently, the defendant was acquitted of violation of section 165 (c) of the Penal Code. However, the Supreme Court found that he could be convicted of violation of section 167 of the Penal Code, unimpeded by section 38 of the Criminal Procedure Act. There was no basis for changing the Court of Appeal's sentence, as the punishment worthiness was the same regardless of which of the two provisions the defendant was convicted under.

Read the whole judgment (Norwegian only)

Key paragraphs: 18, 23, 24, 35, 36, 37, 38

Areas of law: Criminal law. Sections 165 and 167 of the Penal Code. 

Justices: Webster, Falkanger, Ringnes, Thyness, Steinsvik