Organization, Hierarchy and Internal Independence of Norwegian Prosecution

1. Organization, Hierarchy and Internal Independence of Norwegian Prosecution

2. Prosecution on the National level

3. Prosecution in one region

4. Two basic principles for the hierarchical system in the Norwegian prosecution 1. The principle of hierarchical competence based on severity of the accusations 2. The principle of following “the straight line” in the decision making process in a penal case

5. The principle of hierarchical competence based on severity of the accusations • This principle means that the more serious the accusation is the higher up in the system the prosecutorial decisions have to be taken • Don’t exclude the higher prosecution to have the same competence as the lower level in addition to its own extended one • Norwegian CPC § 59 “A superior prosecution authority may wholly or partly take over the conduct of a case that comes under a subordinated prosecution authority, or by a decision in the individual case transfer its conduct to another subordinate prosecution authority”

6. Why establish the principle of hierarchical competence based on severity? • Secure decisions taken by presumably more experienced and competent prosecutor according to the seriousness of the case • Secure thorough considerations done accordingly to the seriousness of the case

7. Prosecution on a case level The principle of the „straight line” in a criminal case Police Prosecutor Main Investigator

8. Prosecution on a case level The principle of the „straight line” in a criminal case Police Prosecutor Main Investigator

9. The principle of following the “straight line” in the decision making process in a penal case This means: 1. The straight line with mandatory stops only for the ones appointed on the case This principle applies for concrete pending cases. It means both that the ruling of the case and decision making can only go up and down the hierarchical system from the appointed one on its level to the closest one above or/and under. For instance, if the prosecutor appointed at the GP’s office (in a case with 21 years penal frame) wants to have additional witness statement collected, he has to give instruction to the public prosecutor that will give instructions to the police prosecutor that will involve the main investigator to carry out the requested investigation. When the investigation has been carried out, it goes back following the same line.

10. The principle of following the “straight line” in the decision making process in a penal case 2. INDEPENDENCE: No one who is not appointed on the case in the hierarchical system can give instruction to the prosecutor on how he/she should rule the case and cannot influence the decisions the prosecutor will take according to his/her competence

11. The principle of following the “straight line” in the decision making process in a penal case Further: The prosecutor must take a totally independent decision according to his/her competence on his/her level • No interference, instruction or pressure from a senior prosecutor in the same office • No interference , instruction or pressure from a leader in the department where the prosecutor is appointed or anyone at the same hierarchical level • No interference, instructions and pressure from the prosecution appointed on the case on a higher hierarchical level In other words, no one can interfere in how the prosecutor makes his/her decision on his/her level!

12. The principle of following the “straight line” in the decision making process in a penal case 3. Transparency: • Always the prosecutor that signs the decision is the one in fact taking the decision • Prosecutorial decisions always documented in the case files.

13. The principle of hierarchical competence based on severity Applied on decisions on different stages of a criminal case