Cessation of compulsory psychiatric care for 28-year-old.

The Public Prosecution Authority had brought a charge against a person who in 2018 had been sentenced to compulsory psychiatric care for contribution to attempted homicide, requesting that the special sanction be maintained, see section 65 subsection 4 of the Penal Code. The Supreme Court found that the court could not, at this stage, re-examine the issue of the defendant's accountability at the time of act. If the compulsory psychological care sentence was wrong, this had to be corrected through the rules on reopening. Following an individual assessment, the Supreme Court concluded that there was no imminent risk of another serious violent offence, see section 62 subsection 2 of the Penal Code. A judgment was handed down ordering the cessation of compulsory psychiatric care.

Read the whole judgment (Norwegian only)

Area of law: Criminal law, special sancitons for unaccountable persons, sections 62 and 65 of the Penal Code

Key paragraphs: 31, 41, 52

Justices: Matheson, Falkanger, Bull, Kallerud, Thyness