Advokat Strafferett

Have you been called as a witness in a criminal case? As a witness, you play an important role in ensuring that the case is explained in the most correct way possible. In this article, you will get an overview of what it means to be a witness in court, what duties and rights you have, and what you should be prepared for.

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Why are you called as a witness?

You are called as a witness because you may have information that is relevant to a criminal case. It may be something you have seen or experienced yourself, or information you have received through conversations or incidents. The court depends on witnesses telling what they know, so that the court has the best possible basis for deciding the case.

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Duty to appear

As a general rule, you are obliged to appear in court when summoned. If you fail to appear without a valid reason, the court may impose fines or, in extreme cases, arrange for the police to pick you up. If you are ill or have another compelling reason for not appearing, you must document this and contact the court as soon as possible.

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How the testimony is conducted

When you appear in court, you will usually wait in the hallway or in a witness room until it is your turn. When you are called in, you must identify yourself. Before you explain yourself, you will be reminded of your duty to tell the truth.

• Introductory questions: It is common for the judge to ask you to tell in your own words what you know about the case.
• Follow-up questions: Then, the prosecutor (prosecutor), defense attorney, and judge can ask questions to clarify details.
• Duty of truth: You have a duty to explain yourself honestly. Deliberate misinformation or withholding of material information may be punishable.

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Rights as a witness

Although you are obligated to meet and speak the truth, you also have rights:

• Exemption from the duty to testify: If you are a close family member of the defendant, you can request exemption from testifying.
• Witness protection: In special cases, the court can ensure that you testify anonymously or that the defendant is not present when you explain yourself.
• Coverage of expenses: You can get travel expenses covered and compensation for lost earnings.

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Tips for those who will testify

• Arrive on time and bring your invitation and identification.
• Speak calmly and clearly, and take time to think before you answer.
• If you don't remember something, say so. Don't try to guess.
• Remember that you are not in the dock. Your role is to help clarify the case.

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Summary

Testifying in a criminal case may feel unfamiliar, but your role is crucial to the functioning of the justice system. You have a duty to appear and tell what you know, but you also have the right to protection and coverage of necessary expenses. By appearing prepared and being honest in court, you contribute to a fair trial.

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Insa lawyers have extensive experience in assisting in various criminal cases. We offer a free and non-binding initial consultation, where we can review your case and advise you on your rights. Book a non-binding consultation here .

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Domestic violence is one of the most serious and hidden forms of violence in society. When abuse occurs within the four walls of the home – from a partner, parent or other close person – it not only affects the body, but also trust, security and dignity.

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Many people who are in, or have come out of, violent relationships find it difficult to ask for help, or simply understand that what they are experiencing is actually criminal.

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What is violence in close relationships?

Domestic violence encompasses more than physical violence. It is about power and control in relationships where there are strong emotional or familial ties. The violence can be psychological, physical, sexual, material or economic.

Examples of such violence may include:

• Threats, humiliation and isolation
• Hitting, kicking, pushing or other physical force
• Sexual assault
• Financial control or manipulation
• Destruction of personal property

In many cases, the abuse occurs repeatedly over time. It is not always easy to put into words, but there are legal tools to put an end to the violence and protect the victim.

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How is violence in close relationships regulated in the law?

In the Norwegian Criminal Code, abuse in close relationships is regulated in Section 282. This refers to it as a criminal offense to subject a close person to repeated physical or psychological violence, threats, deprivation of liberty or other serious violation.

The penalty framework for abuse in close relationships is:

• Up to 6 years in prison in ordinary cases
• Up to 15 years in prison in the most serious cases, which may include sexual assault, serious acts of violence or abuse over time

The law recognizes that the relationship between victim and perpetrator makes such acts particularly stressful. Therefore, this type of violence is treated as a separate category with heightened seriousness.

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Free lawyer and free legal aid

If you have been a victim of domestic violence, you are generally entitled to legal assistance and free legal aid. This provides you with free legal advice, where a lawyer can assist you with:

• Advice on your rights
• Assessment of police report
• Contact with police, crisis center and healthcare
• Request for restraining order or violence alert
• Claims for compensation for economic and non-economic loss
• Legal assistance in court as a legal counsel

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At Insa lawyers, we also offer a free and non-binding initial consultation, where we give you an overview of your rights and what measures may be appropriate in your situation. The consultation is completely confidential.

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We have extensive experience with cases involving domestic and intimate partner violence. Contact our legal aid lawyers to book an initial consultation.

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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.

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Suspect

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.

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Aimed

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:

• Right to a lawyer, usually covered by the state
• Right to access case documents (with some exceptions)
• Right to familiarize yourself with the evidence against you
• Right to present one's own witnesses

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.

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Accused

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.

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Free choice of lawyer

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.

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Do you need help in a criminal case?

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.

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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 .

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