Fiches Belges: La Norvège

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

Yes. This measure is possible under Chapter 10 in The Criminal Procedure Act of 22 May 1981, section 108 and following. A witness normally is asked to give his statement to the police during the investigation of the case, but he is not obliged to give statement to the police. If the witness is not willing to give his statement to the police, the witness will be summoned to give a pre-trial testimony to the court. The witness will then be obliged to appear in court to testify. As a rule, a witness may not refuse to testify except where the testimony might result in self-incrimination. Close relatives may not be compelled to testify against their will. There are also restrictions on giving privileged and confidential information. Failure to take the oath or to respond to a question may lead to imprisonment. False statement as a witness is a punishable act. Testifying anonymously is not possible.

International legal framework applicable for this measure in your Member State

The Convention of 20 April 1959 on Mutual Assistance in Criminal Matters and the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union.

* receive the request/decision for judicial cooperation

The letter of request has to be sent to the local public prosecutor's office of the geographical area where the investigating measure has to be executed. If this area is not known, the letter of request has to be sent to the ministry of Justice.

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

The local police if it is before the trial. During the trial it will be executed by the prosecutor and the judge.

Accepted languages for the request/decision

Norwegian, Swedish, Danish and English

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

There are no legal deadlines.

a. Special requirements

N/A

b. Other useful information

N/A