The Court of Appeal could convict for acts committed outside the time period specified in the indictment

A man was indicted for violence in close relationships during the period from January 2018 to March 2019. The Court of Appeal found that some of the violence had begun as early as autumn 2017 and had continued at least until December 2019. The Supreme Court concluded that the Court of Appeal was entitled to do so.

According to section 38 of the Criminal Procedure Act, the courts may not convict for a different offence than that set out in the indictment, but they are not bound by the specific description of time, place or other circumstances.

Abuse in close relationships is considered a continuing offence, encompassing various acts committed over time. The Supreme Court found that the acts committed outside the time frame in the indictment formed part of the same offence. Accordingly, the Court of Appeal could to convict for acts that occurred before or after the period stated in the indictment.

The Supreme Court noted that both parties must be given sufficient time and opportunity to prepare and present their views on any change to the time frame. This requirement was met in the present case, and the Supreme Court dismissed the appeal.

This judgment provides guidance on the court’s authority under section 38 of the Criminal Procedure Act to convict for acts committed outside the time period specified in the indictment.

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

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

Key paragraphs: 27–28

Justices: Falkanger, Thyness, Sæther, Hellerslia, Stenvik