The Court of Appeal's acquittal for aggravated corruption in the Tjøme case is set aside

An architect had provided architect services free of charge to the municipal director of building. The two of them were indicted for corruption, see section 276 b subsection 1 cf. subsection 2 cf. section 276 a subsection 1 (a). They were acquitted in the Court of Appeal, which found that evidence was required to establish causation between the advantage and the recipient's position. It could then not be ruled out that the services had been provided to the director of building in the capacity of a private individual, without any linkage to his position. The Supreme Court found that the expression "in connection with" indicates a requirement of a linkage or context between the advantage provided and the position of the recipient. This linkage must be of a certain strength and be clear. However, there is no requirement of causation. The Court of Appeal had thus made an error in law. The Court of Appeal's judgment was set aside as concerned the corruption indictment.

Read the whole judgment (Norwegian only)

Areas of law: Criminal law. Corruption. 

Key paragraphs: 51, 55, 64-66

Parties: The Public Prosecution Authority (Counsel Esben Kyhring) v. A, B (Counsel Anders Morten Brosveet) 

Justices: Indreberg, Matheson, Noer, Ringnes, Bergh