Foreign national cannot be punished for false statements

A foreign national was charged with repeatedly giving false statements to Norwegian immigration authorities about his identity and background. When he applied for asylum in Norway in January 2015, the man said he was from Afghanistan and that close family members had been killed by the Taliban. He repeated this statement in later applications for permanent residence in Norway and in applications for travel documents up until 2021. It was then revealed that he was in fact from Pakistan and had his family there.

There was agreement that the man, as a starting point, could be punished for the first false statement he gave in January 2015. This followed from section 166 of the Penal Code 1902, which was in effect at the time. However, for this statement alone, the limitation period for criminal liability had expired. The question in the Supreme Court was whether the man could also be punished for the subsequent false statements, so that the matter as a whole was not time-barred. The question was more specifically whether there was a basis for exemption from punishment that made it lawful for him to repeat the false statement.

In the judgment, the Supreme Court concluded that the man could not be punished for the subsequent false statements. If he had told the truth in the later statements, he would have revealed that the first statement was false, thus risking punishment for it. Both section 166 of the Penal Code 1902 and section 221 of the Penal Code 2005 provide immunity to those who cannot tell the truth without exposing themselves to punishment. The Supreme Court believes that this basis for exemption – which is an extension of the human rights protection against self-incrimination – applies to the subsequent statements. The exemption rule cannot be interpreted restrictively, as indicated by a previous Supreme Court ruling. On this basis, the man is acquitted.

In the judgment, the Supreme Court does not address in what way the false statements will affect the man's residence permit in Norway. The case only concerns the criminal consequences of the statements.

The judgment clarifies the scope of the grounds for exemption from punishment in the provisions on false or incorrect statements in the former and current Penal Code.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: Criminal law. Section 167 of the Penal Code 1902 and section 221 of the Penal Code 2005. Exemption from punishment. 

Key paragraphs: 45–46, 48, 52, 57–59

Justice: Indreberg, Ringnes, Stenvik, Sivertsen, Lund