Sentence for receiving proceeds from crime

The penalty for violation of section 317 subsection 4 cf. subsection 1 of the Penal Code (1902), and section 333 subsection 1 cf. section 332 subsection 1 of the Penal Code (2005), was one year of imprisonment, of which three months were suspended, and eight months of imprisonment for the two defendants concerned. The two had, through bank transactions and cash withdrawals, had dealings with in excess of NOK 3.1 million and in excess of NOK 1.2 million respectively, which they knew generated from illicit work. The Supreme Court found that when setting the penalty for receiving proceeds from crime and money laundering related to illicit work, there is generally no reason to make deductions for costs of establishing the amount illegally received from crime, as opposed to what applies to self-laundering. The penalty was therefore based on the entire amount managed by the two, but it was emphasised that the size of the amount is only one out of many sentencing factors. The penalty was initially estimated to one year and six months of imprisonment, and in excess of one year of imprisonment respectively. This was reduced to one year of imprisonment and eight months of imprisonment respectively due to lengthy proceedings. For one of the two, three months were suspended due to the care of a small child.

Read the whole judgment (Norwegian only)

Key paragraphs: 38, 47, 52

Area of law: Criminal law, receiving proceeds from crime, money laundering

Justices: Falkanger, Noer, Kallerud, Bergsjø, Thyness