Conviction set aside because the defendant had been deprived of his right to be heard

In a case under sections 195 subsection 2 (c) and 197 of the Penal Code 1902 and section 304 of the Penal Code 2005, an adjusted supplementary examination of the aggrieved person had been carried out without the defendant being informed of his right to request a supplementary examination. He had also not been informed that a supplementary examination would be carried out, and had not been given the opportunity to see the recording of the first adjusted examination of the aggrieved person before the supplementary examination had been completed. The defendant's right to be heard under Article 95 of the Constitution, Article 6 of the ECHR and the Criminal Procedure Act had thus been violated. The Court of Appeal's conviction and main hearing were set aside.

Read the whole ruling (Norwegian only)

Area of law: Criminal procedure. Article 6 ECHR, section 239 of the Criminal Procedure Act 

Key paragraphs: 27-30, 37, 44-45

Justices: Skoghøy, Normann, Ringnes, Arntzen, Falch