The Court of Appeal convicted beyond the indictment

In a criminal case where an indictment had been issued under section 271 of the Penal Code on bodily harm, section 263 on threats and section 266 on harassing conduct, the Court of Appeal convicted the defendant under section 282 on abuse in close relationships. The Supreme Court found that the Court of Appeal had thus gone beyond the matter to which the indictment related, see section 38 of the Criminal Procedure Act. The fact that it concerned the same act was not sufficient. It was pointed out that section 282 is a penal provision of a different nature to sections 271, 263 and 266. Conviction requires proof of a regime of abuse, while only a limited group of closely related persons are protected. However, the defendant had no cause to give evidence regarding these issues. The consideration of the right to be heard and the possibilities for an effective defense then suggested that one was dealing with different criminal offences. The penal provisions partially also protected different interests. The maximum penalties and the general penalty level were also clearly higher for violations of section 282 than of the other penal provisions.

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Area of law: Criminal law, criminal procedure. Section 38 of the Criminal Procedure Act, section 282 of the Penal Code. 

Key paragraphs: 27−31, 39−42, 44

Justices: Falkanger, Bull, Bergsjø, Bergh, Thyness