Section 66.Combination of confiscation with penalties and other criminal sanctions

Confiscation pursuant to this chapter may be imposed alone or together with penalties or other criminal sanctions.

Section 67.Confiscation of proceeds

Any proceeds of a criminal act shall be confiscated. Instead of the proceeds, all or part of the value of the proceeds may be confiscated. Confiscation shall take place even though the offender was unaccountable, see section 20, or was not culpable. Liability pursuant to this provision may be reduced or waived if confiscation would clearly be unreasonable.

Any asset that represents proceeds, profit and other advantages of the proceeds shall be regarded as proceeds. Expenses incurred shall not be deducted. If the amount of the proceeds cannot be established, the amount shall be determined approximately.

The court – or the prosecuting authority in an optional penalty writ of confiscation – may determine that the amount to be confiscated shall be reduced by an amount which corresponds to compensation the offender or someone who is liable for the harm done has paid to the injured person, and which wholly or partially corresponds to the proceeds. The same applies when the offender has met an obligation which relates to the criminal prosecution.

In the event of confiscation of value, see the second sentence of the first paragraph, it may be stipulated that the asset shall serve as security for the amount to be confiscated.

Section 68.Extended confiscation

Extended confiscation may be effected when the offender is found guilty of a criminal act of such a nature that the proceeds thereof may be considerable, and the offender has committed

There shall be no increase of the penalty pursuant to section 79 b) and c).

In the event of extended confiscation all assets belonging to the offender may be confiscated unless the offender proves on a balance of probabilities that the said assets have been lawfully acquired. Section 67, first paragraph, second sentence, and fourth paragraph, apply correspondingly.

In the event of extended confiscation from the offender the value of all assets belonging to the offender's present or previous spouse may also be confiscated unless

When two persons are living together permanently in a marriage-like relationship, this is deemed equivalent to marriage.

Section 69.Confiscation of the product, subject or tools of a criminal act

Property which

a criminal act, may be confiscated. Instead of the property, all or part of the value of the property may be confiscated. Section 67, first paragraph, third sentence, and fourth paragraph, apply correspondingly.

Rights, receivables and electronically stored information are also considered property.

In determining whether confiscation shall be effected, and the scope of the confiscation, particular weight shall be given to whether confiscation is necessary for the purposes of effective enforcement of the penal provision, and whether it is proportionate. In assessing proportionality, weight shall among other things be given to other sanctions that are imposed, and the consequences for the person against whom the confiscation is effected.

Section 70.Preventive confiscation

Property may be confiscated when, due to the nature of the property and other circumstances, there is an obvious risk that it will be used in a criminal act. If the property is suited for use in physical assault, it is sufficient that there is a risk of such use. Confiscation of an information carrier, see section 76, may only be effected when there is a risk of irreparable harm.

Instead of confiscating the object, measures may be imposed to prevent the use of the property in offences.

Section 69, second paragraph, applies correspondingly.

Confiscation pursuant to the first paragraph may be effected regardless of who is the owner.

Section 71.Whom confiscation may be effected against

Confiscation of proceeds pursuant to section 67 shall be effected against the person to whom the proceeds have directly accrued as a result of the act. It shall be assumed that the proceeds have accrued to the offender, unless the offender proves on a balance of probabilities that they have accrued to another person.

Extended confiscation pursuant to section 68 shall be effected against the offender.

Confiscation pursuant to section 69 shall be effected against the offender or the person the offender acted on behalf of. Confiscation as specified in section 69, first paragraph, c), or of an amount that wholly or partially corresponds to its value, may alternatively be effected against an owner who realized or ought to have realized that the property was to be used in a criminal act.

Confiscation pursuant to section 70 shall be effected against the person who is in possession of or owns the property.

Section 72.The relationship to receivers

If proceeds, see section 67, or property as specified in section 69 have been transferred after the time of the act from a person who may be subject to confiscation, confiscation of the transferred property or its value may be effected against the receiver if the transfer has occurred as a gift or the receiver realized or ought to have realized the connection between the criminal act and what has been transferred.

If extended confiscation may be effected pursuant to section 68, and the offender has transferred an asset to one of his/her next-of-kin, the asset or its value may be confiscated from the receiver if the prosecuting authority proves on a balance of probabilities that it has been acquired by the offender's commission of an offence. This shall nevertheless not apply to assets transferred more than five years before commission of the act that forms the basis for confiscation, or assets received by way of ordinary maintenance from a person who is obligated to provide such maintenance.

If, in the event of confiscation from the offender, the assets of any person specified in section 68, third paragraph, are wholly or partly taken into account and the person meets his or her liability pursuant to this section, the offender's liability shall be correspondingly reduced. It the offender has met his or her liability pursuant to section 68, second paragraph, any further confiscation from the offender shall lead to a corresponding reduction of the liability of the receiver.

The second paragraph applies correspondingly to transfer to an enterprise if the offender

The same shall apply to any right which after the time of the act is established in the property by any person against whom confiscation may be effected unless the right has been established by attachment lien, freezing order or statutory lien.

Section 73.Relationship to rights holders

A right that is legally secured on an asset which is confiscated may wholly or partially be determined to have lapsed in relation to a rights holder

Section 67, first paragraph, third sentence, applies correspondingly.

Section 74.General rules on confiscation of proceeds and property which do not belong to the offender

When confiscation of seized proceeds, see sections 67 and 68, or property, see sections 69 and 70, which do not belong to the offender is claimed, the claim is directed at the owner or rights holder. The same applies when confiscation is claimed of the value of property which has been seized, or which has been exempted from seizure on provision of security.

When the owner or rights holder is unknown or his whereabouts in Norway are unknown, confiscation may be effected in proceedings against the offender or the person who was in possession at the time of seizure, provided this is deemed reasonable in view of the owner's circumstances. The same applies when confiscation is claimed of the value of property which has been seized, or which has been exempted from seizure on provision of security. The owner shall as far as possible be notified about the matter.

If the whereabouts in Norway of the offender and the possessor are unknown, the district court may order confiscation on the terms specified in the second paragraph, without any person being sued.

These rules apply correspondingly to confiscation of rights pursuant to section 72, fifth paragraph, and section 73.

Section 75.Beneficiaries of confiscation

Confiscation shall be effected in favour of the State unless otherwise provided.

In the judgment or in a subsequent order issued by the district court that decided the issue of confiscation, the court may determine that the proceeds of confiscation be applied to cover any claim for compensation made by the injured person.

The Ministry may decide that the proceeds of any confiscation shall be divided between the Norwegian State and one or more other states. In the decision, importance shall be attached to, inter alia, what expenses have been incurred in such states and in which countries harmful effects have occurred and proceeds have been acquired. Any division pursuant to this paragraph may not result in any reduction of the covering of the aggrieved person's claim for compensation pursuant to the second paragraph.

Section 76.Special rules for confiscation of an information carrier

In this provision, «information carrier» means printed text matter or anything else that conveys written, visual, auditory or electronically stored information.

When confiscating an information carrier, it must be stated which parts of the contents warrant the confiscation. The person who is subjected to the confiscation may, in return for covering the costs, demand a copy of the portion of the contents not covered by the confiscation.

If the offender does not hold the title to an information carrier on a computer system that is the subject of a claim for confiscation, the claim shall be directed at the provider of the data processing system. The provider may be required to block the offender's access to the information carrier and delete content belonging to the offender. If the offender holds the rights to the information carrier, the provider may be required to block access to the information carrier and delete the contents.