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Criminal Law: free practice, theory and problems
For someone to be punished, four conditions must be met. The Penal Code of 2005 contains the rules.
Contents
- The conditions for criminal liability
- Self-defence, necessity and attempt
- Penalties and the criminal case
1. The conditions for criminal liability
What is it about?
For someone to be punished, four conditions must be met. The Penal Code of 2005 contains the rules.
Key concepts and rules
- 1. The objective elements: the act must fit the description in a criminal provision (for example theft, section 321).
- 2. No ground for exemption: for example necessity (section 17), self-defence (section 18) or consent.
- 3. Culpability: the main rule is that intent is required (sections 21 and 22). Negligence is only enough when the provision says so (section 23).
- 4. Criminal capacity (section 20): the offender must be 15 years or older and not, for example, psychotic at the time of the act.
- The principle of legality (Constitution Article 96): no one can be punished except under law.
- Attempt (section 16) and complicity (section 15) are also punishable when the provision covers them.
- The prosecution must prove guilt beyond reasonable doubt.
Example
A 14-year-old steals a bicycle. The elements of theft are met, but the 14-year-old cannot be punished because they are under 15.
2. Self-defence, necessity and attempt
What is it about?
Sometimes an act that would otherwise be criminal is lawful. And sometimes you can be punished even though you did not succeed.
Key concepts and rules
- Self-defence (section 18): you may fend off an unlawful attack, but the act must not go clearly beyond what is justifiable.
- Necessity (section 17): you may save an interest from a danger that cannot be averted in another reasonable way, when the harm avoided is considerably greater than the harm caused.
- Attempt (section 16): you have decided to commit an offence and done something that leads directly towards it. Attempts are punished more leniently.
- Voluntary withdrawal: someone who voluntarily stops before the act is completed is not punished for the attempt.
- Complicity (section 15): someone who helps, encourages or strengthens the offender's intent can be punished as an accomplice.
- Self-help (section 19): taking the law into your own hands is not allowed as a rule, only in limited cases.
Example
Someone breaks a window in a burning car to save a dog. The damage to the window is much smaller than the value of saving the animal: necessity.
3. Penalties and the criminal case
What is it about?
When someone has committed a criminal act, the state can react in different ways. The Criminal Procedure Act sets out how the case goes from report to judgment.
Key concepts and rules
- Penalties (section 29): imprisonment, preventive detention, community sentence, youth sentence, fines and loss of rights.
- Penalty notice (forelegg): the prosecution offers a fine without a trial. If accepted, it has the same effect as a judgment.
- Waiver of prosecution: the offender is not punished, even though the act is proven.
- Youth sentences are for those aged 15 to 17 at the time of the offence.
- Procedure: report → investigation (the police) → prosecution decision (indictment, penalty notice, dropping the case) → main hearing in the district court → possible appeal.
- Presumption of innocence: everyone is considered innocent until proven guilty (ECHR Article 6).
- Suspect (siktet) is the person the police formally suspect. Defendant (tiltalt) is the person who has been indicted.
Example
A driver goes slightly too fast and gets a penalty notice on the spot. If they accept it, the case is settled without a trial.
Example problems with solutions
Here are some of the problems in criminal Law. In the app, calculation problems get new numbers every time, so you can practise until it sticks – and take a graded practice exam before the real one.
The conditions for criminal liability: How many conditions for criminal liability are there?
Answer: 4
4 conditions: objective elements, no exemption, culpability and capacity.
Self-defence, necessity and attempt: You are attacked and hit back to stop the attack. Which rule is relevant?
Answer: Self-defence, section 18
Self-defence is protection against an unlawful attack.
Penalties and the criminal case: What is a penalty notice (forelegg)?
Answer: An offer of a fine without a trial
An accepted penalty notice has the effect of a judgment.
The conditions for criminal liability: What is the age of criminal responsibility in Norway?
Answer: 15 years
Penal Code section 20: those under 15 lack criminal capacity.