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Corruption Laws and Regulations in Norway
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III. Is there a concept of corporate criminal liability?
Yes, but it is not directly regulated in the penal code.
IV. What are the penalties for legal entities (if applicable) and natural persons?
In Norway, individuals who have committed a crime indicating they are unfit or inclined to misuse a position, business, or activity can face loss of rights. The loss of rights can be:
- Limited to certain functions
- Specific conditions
- Indefinite
V. Which local authorities are competent for corruption investigations?
The courts and Økokrim (the Norwegian Agency for the Repression of Organized and Other Serious Crimes) are competent for corruption investigations.
VI. Are there whistle-blower regulations?
No, there is no direct regulation in the penal code that provides immunity to a whistle-blower against criminal charges. However, rules reducing sentencing can be applied if the individual makes voluntary disclosure or self-reporting.
VII. Are there voluntary disclosure/self-reporting programmes and procedures?
Yes, the court is obligated to take voluntary disclosure, self-reporting, and confession into account upon sentencing. The Supreme Court has established that a reduction in sentence is mandatory, which can range from 35-40% or making parts of the sentence suspended.
VIII. What are the consequences for assessment of guilt or admission of wrongdoing for future business, work, permits e.a.?
Loss of rights can be imposed on individuals who have committed a crime indicating they are unfit or inclined to misuse a position, business, or activity. The loss of rights can be limited to certain functions, specific conditions, or indefinitely.
IX. What are the latest developments in anti-corruption in your jurisdiction?
There are currently four primary issues being addressed in corruption cases:
- Whether intent is a condition for criminal liability for individuals
- Sentencing disparities
- Securing evidence from other countries
- Organizing Økokrim
X. The Author
Arild Dyngeland, a practicing lawyer in Bergen, Norway, has expertise in criminal law and serves as the chair of the Norwegian Bar Association’s committee on suggested amendments to the penal code and the criminal proceedings code.