Wrong to acquit police prosecutor for grossly negligent professional misconduct

After receiving a report of theft from the private residence of a female police officer, a police prosecutor ordered the arrest of the reporter's maid and a search of her residence. The order was made without any investigation. The police prosecutor, who did not accept a fine for grossly negligent professional misconduct, see section 172 see section 171 of the Penal Code, was acquitted in the Court of Appeal. The Supreme Court found that the police prosecutor had committed misconduct on three counts. There was no reasonable basis for suspecting the maid of theft, see section 171 subsection 1 of the Criminal Procedure Act. Also, there was no risk of tampering with evidence, see section 171 subsection 1 (2), nor did "delay entail any risk", which would have authorised a search without a court decision, see section 197 subsection 2. After an overall assessment, the Supreme Court concluded that the police prosecutor committed grossly negligent professional misconduct. The Court of Appeal's judgment with the appeal hearing was set aside.

Read the whole judgment (Norwegian only)

Areas of law: Criminal law, criminal procedure. Sections 171 and 172 of the Penal Code. Section 197 of the Criminal Procedure Act. 

Key paragraphs: 28−29, 44, 50, 52−55

Justices: Indreberg, Bergsjø, Arntzen, Bergh og kst. dommer Remen