Fiches Belges: La Norvège

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

Yes. This measure is possible under Chapter 11 in The Criminal Procedure Act of 22 May 1981, section 138 and following. An expert is appointed by the court. An expert gives a detailed account on his findings and the resultant statement to the court in a written rapport. The prosecutor, the defence lawyer and the victims’ lawyer will get a copy of the rapport before the trial. An expert testifying in court will do so under oath. Rules on summoning and hearing witnesses apply mutatis mutandis also to an expert witness (see measures 701-704).

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. 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 expert will be appointed by the court.

Accepted languages for the request/decision

Norwegian, Swedish, Danish or English.

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

No legal deadline.

a. Special requirements

A written report from an appointed expert who is not present during the main hearing may be used as evidence when an oral examination cannot be carried out or is found to be unnecessary. The same applies to a social inquiry report.

b. Other useful information

A person who is involved in the case or related to a party in such a manner that his objectivity would be endangered may not serve as an expert.