Income cannot be confiscated despite false asylum statement

A foreign national had been convicted in the District Court and the Court of Appeal of having given false information regarding his background and identity to public authorities during the period from 2010 to 2020, see section 166 subsection 1 of the Penal code 1902 and section 221 (b) of the Penal Code 2005. He had also be sentenced to confiscation of a part of his salary income for the same period, see section 67 subsection 1 of the Penal Code. The Supreme Court stated that the demarcation line for proceeds whose connection the offence is too remote to be confiscated, must be drawn based on a broad overall assessment, and that a condition for confiscation is that the causality between the criminal act and the acquisition of the proceeds is relatively close. In its individual assessment, the Supreme Court found that the connection between the criminal acts and the foreign national's salary income was not sufficiently close. The confiscation order against the foreign national was lifted. 

Read the whole judgment (Norwegian only)

Areas of law: Criminal law, section 67 of the Penal Code

Key paragraphs: 36–37, 40–44

Parties: A (Counsel Knut Henning Larsen) v. The Public Prosecution Authority (Counsel Joakim Ziesler Berge)

Justices: Falkanger, Falch, Østensen Berglund, Høgetveit Berg, Steinsvik