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Opdated: 02.12.2006
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Procedures.

Preparatory procedures for bringing a suspect to trial.
Once a person has been arrested, he or she is brought before the court of examination and summary jurisdiction (forhorsretten). This court decides whether or not the person shall be remanded in custody. The prosecuting authority then prepares a formal indictment (tiltalebeslutning), which it serves on the accused. The indictment contains information on the time, place and object of the coming trial and legal details on the nature of the charge.

When the relevant 1993 amendments to the CPA enter into force, all criminal matters will initially be brought to the District and City Courts. Appeals will be brought before the High Court, though in special circumstances they will be able to go directly to the Supreme Court. Previously, the most serious criminal cases were tried by the High Court at first instance. It was also much easier to bring appeals from decisions reached by the District and City Courts directly before the Supreme Court, bypassing the High Court in the process.

Official who conducts prosecution.
The Public Prosecution Authority is responsible for deciding whether to prosecute and for conducting the prosecution. For very serious felonies, such as murder, the decision to prosecute lies with the Director General of Public Prosecutions. Responsibility for prosecuting most other types of felonies lies with the State attorneys/Public Prosecutors. Police Commissioners and their immediate subordinates are also part of the Public Prosecution Authority and have the power to prosecute more minor cases, which are typically misdemeanours.
On August 27, 1993, a Royal Resolution was issued, extending police prosecution powers to encompass different types of felonies, such as breaking and entering, falsification of documents, larceny, fraud and vandalism.

Alternatives to trial.
Minor offences can be settled by the police serving a writ prescribing payment of an optional fine (forelegg) upon the accused. This type of writ is usually served in minor traffic and customs offences. If the fine is paid, there are no further judicial proceedings. If the fine is not paid, the matter can be prosecuted in court using simplified proceedings. For instance, a District Court judge could decide the matter summarily. This simplified court procedure is also employed when an accused person makes an unreserved confession for a crime not punishable by more than 10 years' imprisonment, and the confession is corroborated by evidence.

An ordinary court trial can also be avoided:
(a) in cases where the prosecuting authority decides not to prosecute, often with the condition that the offender undertakes not to engage in further criminal behaviour;
(b) in cases involving persons under the age of 18, which are left to be decided by municipal child welfare boards; and
(c) in cases which can be settled by arbitration through the Conflict Board.

 

 

 


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