Appealing a dismissal: How to proceed

When the police drop a criminal case, it can be frustrating for the parties involved. Norwegian law gives you the opportunity to appeal such a decision. Here is a guide on how to proceed.

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What does abandonment mean?

Dismissal means that the prosecution decides to close the investigation without bringing charges or issuing a fine. This can be due to several factors, such as lack of evidence, the fact that the matter is not considered a criminal offense, or that the perpetrator is unknown. In some cases, lack of resources can also lead to dismissal.

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Who can complain?

The victim, and in certain cases also the complainant, survivors and public bodies, may have the right to appeal a dismissal. If the police have dismissed the case, the appeal can be directed to the State Attorney. It is important to note that there is no right of appeal against the State Attorney's decision in a complaint case.

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Appeal deadline

The appeal deadline is three weeks from the time you received notification of the dismissal. For those who have not received such notification, the deadline runs from the time you became or should have become aware of the decision.

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How to formulate the complaint?

When drafting a complaint, you should:

• Clearly justify your complaint: Explain why you believe the dismissal was wrong. This may be due to a lack of investigation or incorrect assessment of the evidence.
• Suggest further investigative steps: If you believe there are additional witnesses, evidence, or other circumstances that have not been considered, this should be mentioned.
• Include relevant documentation: Attach any documentation that can support your complaint.

It may be beneficial to seek assistance from an experienced criminal defense attorney to ensure that the complaint is as solid as possible.

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Where should the complaint be sent?

The complaint must be sent to the authority that made the decision you wish to appeal. If the police have dropped the case, the complaint is sent there. If the public prosecutor has made the decision, the complaint is sent to the public prosecutor.

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What happens after the complaint is submitted?

Once the complaint has been received, the superior prosecutor's office will reassess the case. They may either maintain the closure or decide to resume the investigation. You will be informed of the outcome of the complaint process.

Appealing a dismissal can be a complex process, but by following the correct procedure and seeking professional help, you increase the chance that your case will be reconsidered. Would you like assistance with your case? Feel free to book a free meeting with one of our lawyers here.

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