NORWAY Law and Practice Contributed by: Elisabeth Roscher, Geir Sviggum, Tine Vigmostad and Kristin Nordland Brattli, Wikborg Rein Advokatfirma AS
5. Penalties for Violations 5.1 Penalties on Conviction
General Statutory Guidelines As a starting point, Sections 77 and 78 of the Penal Code contain general guidelines that apply to the determination of appropriate penalties for violations of the Penal Code within the applica - ble minimum and maximum limits. In addition, Sections 79 and 80 provide a basis for increas - ing or decreasing the maximum and minimum penalties, respectively, on a case-by-case basis. In respect of general aggravating circumstances to be given particular consideration, Section 77 includes factors such as whether the offence: • carried a considerable potential for harm; • was intended to have a substantially more serious outcome; • was committed by multiple persons acting together; • was committed in the course of public ser - vice; or • was perpetrated by violating a special trust. In respect of general mitigating circumstances to be given particular consideration, Section 78 includes factors such as whether the offender: • has prevented, reversed or limited the harm or loss caused by the offence, or sought to do so; • made an unreserved confession, or contrib - uted significantly to solving other offences; or • acted on the basis of a dependent relation - ship to another participant. Additionally, Section 78 provides a basis for prosecutors and courts to reduce the penalty due to the offender’s self-reporting (including giving an unconditional confession); see also 6.2 Voluntary Disclosure Incentives . As regards the size of such “discount”, the Director of Public Prosecutions has expressed that, in general, a
When committed by individuals, the penalties for corruption (Section 387 of the Penal Code) and trading in influence (Section 389 of the Penal Code) may be imprisonment for a term of up to three years and/or a fine. For legal persons, the corporate penalty for such offences would be a fine, which may be combined with loss of the right to operate or prohibitions on operation in certain forms. In respect of penalties upon conviction for aggravated corruption (violation of Section 388 of the Penal Code), the penalties for natural per - sons may be a term of imprisonment up to ten years. For legal persons, the penalty may be a fine (unlimited amount), which may be combined with loss of the right to operate or prohibitions on operation in certain forms. In addition, both natural and legal persons may face measures such as the confiscation of pro - ceeds arising from the violation (Sections 66–76 of the Penal Code). 5.2 Guidelines Applicable to the Assessment of Penalties As further described in 5.1 Penalties on Con- viction , the penalties for violations of the Anti- corruption Provisions are fines (no minimum or maximum limit) and/or imprisonment for certain maximum terms. The minimum term of imprison - ment for such violations is 14 days (Section 31, second paragraph). Within these minimum and maximum limits, Nor - wegian courts have much leeway in the determi - nation of appropriate penalties.
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