Fiches Belges: La Norvège

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

The Criminal Procedure Act of 22 May 1981 regulates 1) Concealed video surveillance and 2) Technological tracking (by beacon placed on car/object or person). Other observations by photography, using binoculars or any other device of persons and objects who are in a public place or places freely accessible, is not regulated by legislation and may be carried out. However, a constant observation of certain persons cannot continue for an unlimited time. 1) Concealed video surveillance: If there is a just cause to suspect that a criminal act punishable pursuant to statute by imprisonment for a term exceeding six months have been committed, the police may carry out concealed video surveillance of a public place if such surveillance will be of substantial significance for the investigation. The measure is ordered by the Court for a specific period not exceeding 4 weeks. The suspect is as a main rule notified about the decision after the surveillance is completed. Surveillance of a private place may be ordered if there is a just cause to suspect that a criminal act punishable by imprisonment for a term of 10 years have been committed and in certain other specific cases of serious crime. 2) Technological tracking (beacon): If there is just cause to suspect that a person has committed an act punishable of imprisonment for a term of 5 years or more or of certain other specific crimes, the Prosecuting Authority may decide that a tracking device (beacon) shall be placed on a vehicle, property or other objects to detect the whereabouts of the suspect or objects. In cases punishable by imprisonment for a term exceeding 10 years or more, the Court may order tracking devices in clothes or bags/objects that the suspect carries, when the measure is deemed necessary for the investigation.

International legal framework applicable for this measure in your Member State

CoE 1959 Convention on Mutual Legal Assistance and the EU 2000 Convention on Mutual Legal Assistance in criminal matters.

* receive the request/decision for judicial cooperation

See above, under "Scope and alternative measures". Measure 1) is authorized by the Prosecution Authority. Measure 2) is authorized by the Court. In exceptional cases of urgency, an order from the Prosecution Authority may replace a Court order. A decision by the Prosecutor shall as soon as possible, and not later than 24 hours after the control has begun, be submitted to the Court for approval.

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

N/A

Accepted languages for the request/decision

The documents should be translated into Norwegian, but also Swedish, Danish and English may be accepted.

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

No legal deadlines. (But see above under (105) 1. 1) about concealed video surveillance: The measure is ordered by the Court for a specific period not exceeding 4 weeks. )

a. Special requirements

In concrete cases, the practical execution should be discussed by the authorities of the requesting State and Norway. The Norwegian police will execute the measure in conformity with the wishes of the requesting State and within the framework of Norwegian legislation.

b. Other useful information

Participation of agents from the requesting State is possible. The participation must be discussed by the authorities involved in each case.