Compulsory psychiatric care for threats against the King
Supreme Court judgment 2 June, HR-2022-1110-A, (case no. 21-182690STR-HRET), criminal case, appeal against judgment.
A (Counsel John Christian Elden) v. The Public Prosecution Authority (Counsel Berit Sagfossen)
The penalty for violations of sections 115, 155 and 263 etc. of the Penal Code was committal to compulsory psychiatric care. Emails sent to the Royal Court's mailbox containing threats to kill the King were considered threats suitable to hinder the King in his work. The statements were thus covered by section 115 of the Penal Code on attack on the activities of the highest state bodies. Threats made against a police officer and against the defendants' grandfather were also considered to create serious fear. The conditions for committal to compulsory psychiatric care under section 62 subsection 2 of the Penal Code were met. The Supreme Court also stated that committal to compulsory psychiatric care does not give a deduction in the maximum sentence for time spent in custody on remand, which is three years.
Read the whole judgment (Norwegian only)
Areas of law: Criminal law. Compulsory mental health care. Section 62 subsection 2, section 115 and section 263 of the Penal Code.
Key paragraphs: 25-26, 37, 64-65 og 102
Justices: Matheson, Normann, Noer, Ringnes, Arntzen