Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Норвегия

Възстановяване (503)

1. MEASURE IMPLEMENTATION

Норвегия

Is this measure possible in your Member State under International Judicial Cooperation?

Yes, an object deprived from its owner by a criminal act can be returned to its rightful owner. Seizure is normally used as an interim measure to secure a restitution claim.

2. LEGAL FRAMEWORK

Норвегия

International legal framework applicable for this measure in your Member State

CoE 1959 Convention on Mutual Legal Assistance EU 2000 Convention on Mutual Legal Assistance in criminal matters (MLA 2000)

3. COMPETENT AUTHORITY TO:

Норвегия

* receive the request/decision for judicial cooperation

EU 2000 Convention on Mutual Legal Assistance in criminal matters (MLA 2000), article 6: The regional Public prosecutors office. Schengen Convention article 53 no. 1: - regional public prosecutor CoE 1959 Convention on Mutual Legal Assistance, requests that can be forwarded directly by the judicial authorities of the requesting Party to the judicial authorities of the requested Party accordiong to the second additional protocol article 4, can be received by the regional Public Prosecutors office. If the requesting state has not ratified the second additional protocol of CoE 1959: If urgent, by Interpol to the regional Public Prosecutors office, se article 15 subsection 2, otherwise the Ministry of Justice. Requests not covered by these agreements: The Ministry of Justice.

* execute/recognise the measure (if other than the receiving authority)

The public prosecutor is competent to recognise an MLA request and decide that an asset be returned to its rightful owner. In cases concerning serious economic crime, requests are normally handled by ØKOKRIM as prosecution and police authority. If the ownership of the asset is disputed , the question of ownership will be decided by the court in a civil judgement.

4. ACCEPTED LANGUAGES

Норвегия

Accepted languages for the request/decision

Norwegian, Swedish, Danish and English

5. EXECUTION DEADLINE

Норвегия

Deadlines for the execution of the request/decision (where applicable)

As soon as possible. If the requesting party has indicated a date for the execution of the request, it shall be informed if and why the time limit can not be made, and when the request can be expected to be executed.

6. CONCISE LEGAL PRACTICAL INFORMATION

Норвегия

a. Special requirements

1. Requests are executed according to Norwegian law, if a particular procedure is requested it will be observed to the extent it is not contrary to Norwegian law. 2. An enforceable restitution order made by a competent authority in the requesting state. 3. Evidence of ownership and an enforceable judgement that proves that the object has been deprived from its rightful owner by a criminal act. 4. Dual criminality.

b. Other useful information

N/A

Last reviewed on 21 август 2017 by Секретариат на ЕСМ
  • ® 2021 EJN. All Rights Reserved