In criminal law, the terms suspect, accused and defendant are not just legal definitions, but descriptions of where the case is in the legal process. With the different phases also come different rights and obligations. In this article, we explain the difference between the terms, and what they mean in practice.
A person is designated as a suspect when the police have reason to believe that the person may have committed a criminal offense. This is the earliest phase of the investigation, where the police work to gather evidence.
As a suspect, you may be summoned for questioning. You are obliged to appear, but you are not obliged to explain yourself. You have the right to know what the suspicion concerns, and it is up to you whether you wish to speak out or remain silent.
As a general rule, you are not entitled to a publicly appointed defense attorney as a suspect, unless the case concerns a very serious crime or you are under the age of 18. You can still hire a private defense attorney to protect your rights, but then you must cover the costs yourself.
If the police consider it likely that you have committed a criminal offence, you will be formally charged . This is a more serious stage in the criminal case where the case is investigated with greater seriousness. As a charge, the police can use several investigative steps, such as arrest, search and seizure of objects.
During this phase, you have several important rights:
It is important to remember that you still have no obligation to explain yourself, and you can never be forced to contribute to your own conviction.
When the investigation is complete and the prosecution believes the evidence is strong enough to convict you, an indictment is issued. The accused is then charged, and the case is sent to court for consideration. As the accused, you are summoned to a main hearing in the district court, where the court decides on the question of guilt and any punishment.
Both the accused and the injured party in criminal cases have the right to free choice of lawyer. This means that you are free to choose which lawyer will represent you. In many cases, the public sector covers the costs of a lawyer, especially in cases involving serious crimes.
It is also possible to change lawyers along the way, as long as this does not delay or disrupt the legal process.
At Insa advokater, we have extensive experience in criminal law and legal process. We assist both as defense attorneys and as legal aid attorneys for victims in criminal cases.
We offer a free, no-obligation initial consultation, where we can review your case and advise you on your rights. Book a no-obligation consultation here .
If you have been the victim of a serious criminal offense, you may be entitled to free legal assistance through a legal aid lawyer. This is an important right that many people are not aware of – and which can be crucial to getting the support and security you need.
In this article, we explain who is entitled to a legal aid lawyer, what the lawyer can assist with, and how to go about having one appointed.
A legal aid lawyer is a lawyer who looks after your interests as an injured party or victim in a criminal case. The lawyer supports you throughout the entire process – from the complaint and investigation to the trial and any compensation claims – and will ensure that your rights are followed up.
You are entitled to free legal assistance in a number of serious cases, including:
In addition, the court may consider that you need legal assistance in other serious cases, even if this is not directly required by law. This is especially true if the case is burdensome, you are in a vulnerable situation, or you have difficulty safeguarding your rights on your own.
Children under the age of 18 are generally entitled to legal representation in all relevant cases – even if they have witnessed serious violence or abuse.
The legal aid lawyer will help ensure that you are heard, understood and well taken care of throughout the case. The lawyer can help you with, among other things:
In many cases, the lawyer will also be able to give you guidance about other rights – for example, access to healthcare, crisis centers or other support services.
No. If you are entitled to legal assistance, the public sector covers all costs. You pay nothing yourself, and there is no deductible.
If you want assistance in a case where the court does not grant an appointment, you must cover the costs yourself. A lawyer can help you assess whether there are grounds for free assistance, and if necessary, submit an application to the court.
In most serious cases, the police or the court will inform you if you are entitled to legal assistance. You are free to suggest which lawyer you want. The court will usually take this into account – as long as the lawyer has the necessary competence and capacity.
If you do not have a specific lawyer in mind, the court will appoint one for you. You can also contact a lawyer who works with such cases directly.
At Insa advokater, we have extensive experience in assisting people affected by criminal acts. We offer a free and non-binding assessment of your case, and can help you to appoint a legal aid lawyer where appropriate.
Contact our criminal law lawyers for a non-binding assessment of your case.
Being subjected to unjustified criminal prosecution can be a heavy burden – both psychologically, socially and financially. Fortunately, there are rules in Norwegian law that give you the opportunity to seek compensation if you have been subjected to unjustified criminal prosecution. Here you will get an overview of who can claim compensation, what you can get covered, and how to proceed.
Wrongful prosecution means that someone has been the subject of an investigation, arrest, detention, indictment or trial – without ultimately being convicted, or if the person concerned is later acquitted. It can also be a case that is dropped after the person concerned has been subjected to significant interference.
The purpose of the compensation scheme is to provide compensation for the injustice and burdens that have been incurred as a result of a process that turns out to have been unjustified.
You may be entitled to compensation if you have been:
Compensation can be granted regardless of whether someone has acted negligently or made a mistake – it is sufficient that you have been subjected to an intervention by the legal system without there being any basis for this.
The compensation can cover both financial and non-financial losses. The most common are:
The amount of compensation is assessed specifically in each individual case, and the amounts may vary depending on how serious the intervention has been.
The state is responsible for paying compensation in the event of wrongful criminal prosecution. Applications for compensation are submitted to the Norwegian Civil Rights Administration (SRF), which assesses the claim in accordance with the rules of the Criminal Procedure Act, Chapter 31.
The application should contain:
It is recommended that you contact a defense attorney with experience in tort law for assistance in the process. In most cases, you can have your attorney's fees covered through the legal aid scheme.
An application for compensation should be submitted as soon as possible after the case has been concluded. You usually have 3 years from the time you learned that the criminal case was dismissed or you were acquitted. It can be unfortunate to wait too long – both because the evidence is weakened, and because a long wait can affect the outcome.
If you have been subjected to wrongful criminal prosecution, you have good opportunities under Norwegian law to claim compensation from the state. The scheme is there to restore a certain amount of justice and provide compensation for the burden you have been through.
Would you like help evaluating your case? Contact one of our experienced lawyers for a free assessment – it may be a good place to start.
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