Fiches Belges: La Norvège

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

Yes. The Norwegian Procedural Code states the following: Section 202 b. If any person is with just cause suspected of committing an act or an attempt at an act that is punishable pursuant to statute by imprisonment for a term of five years or more, or that contravenes sections 90, 91, 91 a, 94, cf. 90, or 162 c of the Penal Code, the prosecuting authority may decide that a technological direction-finder shall be placed on any vehicle, property or other objects in order to detect the whereabouts of the suspect or objects (technological tracking). Section 202 c. If any person is with just cause suspected of committing an act or an attempt at an act that is punishable pursuant to statute by imprisonment for a term of 10 years or more, or that contravenes sections 90, 91, 91 a, 94, cf. 90, 104 a, first paragraph, second sentence, or 104 a, second paragraph, cf. first paragraph, second sentence of the Penal Code, or that contravenes section 5 of the Act relating to control of the export of strategic goods, services and technology, etc., the court may make an order permitting the police a) to place a technological direction-finder in clothes or objects that the suspect wears or carries, b) to place a technological direction-finder in a bag or other hand baggage that the suspect carries, or c) to force an entry in order to place a technological direction-finder as specified in this provision or in section 202 b. Section 202 b, first paragraph, second and third sentence shall apply correspondingly. Permission pursuant to the first paragraph may only be granted if it must be assumed that technological tracking will be of substantial significance for clarifying the case, and that such clarification will otherwise be impeded to a substantial degree. Permission pursuant to the first paragraph (c) may moreover only be granted if it is strictly necessary to effect a break-in in order to place the direction-finder. When the police request the court’s permission to carry out technological tracking, section 216 d, second paragraph, shall apply correspondingly. If delay entails a great risk that the investigation will be impaired, an order from the prosecuting authority may take the place of a court order, but not for a period exceeding 24 hours. Section 197, third paragraph, and section 216 d shall apply correspondingly. The court’s permission shall be granted for a specific period of time which may not exceed what is strictly necessary. Such permission must not be granted for more than four weeks at a time. Section 216 f, second paragraph, shall apply correspondingly. The court’s decision shall be made without giving the suspect or any person otherwise affected by it an opportunity to express his views, and they shall not be notified of the order. When the use of a direction-finder is concluded, the suspect shall be informed of the court order and of the result of the tracking. If it is strictly necessary for the investigation of the case that no information shall be given, the prosecuting authority may in cases concerning a contravention of chapter 8 or 9 of the Penal Code decide that the giving of information shall be deferred or entirely omitted. In other cases the court may on the same conditions by order decide that the giving of information may be deferred for up to eight weeks at a time. Unless it is decided that the giving of information shall be entirely omitted, information shall be given not later than when an indictment is preferred. Section 216 f, second paragraph shall apply correspondingly.

International legal framework applicable for this measure in your Member State

Coe 1959 Convention on Mutual Legal Assistance in Criminal Matters The Convention of 29 May on Mutual Assistance in Criminal Matters between the Member States of the European Union is applicable for Norway. Norway has ratified and implemented the MLA 2000. Schengen Convention article 48 – 53.

* receive the request/decision for judicial cooperation

Requests from the competent authorities in the Nordic countries: the request is made to the Norwegian police. The request should be forwarded via Interpol, Kripos (NCIS – National Crime Investigation Service – The National Police Unit), Oslo, Norway. Kripos is the national contact point for Schengen, Interpol and Europol. Contact details: Telephone: +47 23 20 80 00 Fax: +47 23 20 88 80 E-mail: kripos@politiet.no. Postal address: Postboks 8163 Dep., 0034 Oslo, Norway. In urgent cases; contact Desken.Kripos: tlf. + 47 23 20 88 88 Fax +47 23 20 88 80, e-mail: post.kripos.desken@politiet.no. "Desken" is operational 24/7. Requests from other European Union countries (other than Denmark, Iceland, Sweden and Finland) and countries which have ratified and implemented the Coe 1959 Convention on Mutual Legal Assistance in Criminal Matters. The requests for judicial cooperation should be forwarded to the regional prosecutors in Norway. To ensure operational and effective response, the requests for judicial cooperation in cross-border cases involving cross-border tracking, may also be facilitated via Europol and/or Eurojust., The Interpol channel may serve as an alternative way of communicating the request for judicial cooperation. For additional information: refer the Schengen handbook mentioned above under no. 1.

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

See 3 a).

Accepted languages for the request/decision

Norway will receive requests in Danish, Swedish and the English language.

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

N.A.

a. Special requirements

See no. 1

b. Other useful information

N.A.