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

Конфискация (505)

1. MEASURE IMPLEMENTATION

Норвегия

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

Yes. According to Norwegian law assets that are the direct proceeds of crime can be confiscated as property. A value confiscation order can be enforced in all assets owned by the convicted, independent of the formal ownership structures. Proceeds that have been the subject of money laundering may be confiscated as the subject of a criminal act, corpus delicti. The Justice department may decide that the proceeds of any confiscation shall be divided between the Norwegian State and one or more other States (asset sharing).

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) CoE Convention 1990 on Laundering , Search, Seizure and Confiscation of the Proceeds from Crime.

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. CoE Convention 1990 on Laundering , Search, Seizure and Confiscation of the Proceeds from Crime, article 23: ØKOKRIM (The National Authority for Investigation and Prosecution of Economic and Environmental Crime) 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. A confiscation order will be issued by a public prosecutor based on the findings of facts stated in the foreign conviction or judicial decision if the requested party has ratified the CoE 1990 convention on money laundering. In other cases the foreign decision will be regarded as evidence in a Norwegian confiscation process.

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. A confiscation order by a competent authority in the requesting state. The confiscation order issued in the requesting state has to describe the facts on which the confiscation order is based. 3. Dual criminality.

b. Other useful information

N/A

Last reviewed on 21 август 2017 by Секретариат на ЕСМ
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