An offence to give false statement before the Conciliation Board

The Court of Appeal had set the penalty for violation of section 221 subsection 1 (a) and section 361 of the Penal Code at 30 days of imprisonment. The defendant had manipulated an e-mail to appear as documentation of a financial loss and sent it to his advocate. The advocate had presented the e-mail as an attachment to a complaint to the Conciliation Board. The Supreme Court found it clear that the "the courts" in section 221 subsection 1 (a) covered the Conciliation Board. The requirement of a legal basis in Article 96 subsection 1 of the Constitution, section 14 of the Penal Code and Article 7 of the ECHR was met. The appeal against the Court of Appeal's application of the law was dismissed.

Read the whole judgment (Norwegian only)

Areas of law: Criminal law. The requirement of a legal basis. Article 96 of the Constitution, sections 14 and 221 of the Penal Code, Article 7 of the ECHR 

Key paragraphs: 22 og 26

Justices: Matheson, Normann, Bull, Høgetveit Berg, Hellerslia