Words from the legal system

A Crime

Crime is any act, action or omission that is punishable according to the penalties that apply at any given time.

Á

Appeal

An appeal is when the party to a court case seeks review of a judgment on the form or substance of an issue by appealing to a higher court, e.g. the National Court or the Supreme Court.

Charge

An indictment is a lawsuit against a defendant in a criminal case, issued by the holder of the prosecution power, i.e. the accuser. When a criminal case is brought, it is done by issuing a document called an indictment.

Prosecution suspension

With a deferred indictment, the issuance of an indictment is suspended for a specified period. The authorization for the use of this remedy is in Article 56 of the General Penal Code, sbr. Article 146 (2) of the Law on Criminal Procedure, and the condition for its use is that the party has confessed to his violation. This remedy can be used if the violation is committed by a person aged 15-21 years or the defendant’s actions are such that supervision or other measures pursuant to Article 57 (3) of the General Penal Code can be considered more effective than punishment, as the nature of the violation is not such that the public interest requires prosecution.

Prosecution suspension is subject to the general condition according to Article 57(3) of the General Penal Code that a party does not become guilty of a new offence during the probation period. Prosecution suspension may also be subject to further specified conditions listed in the provision. Cases of a party who has completed the prosecution suspension may be reopened if the police investigation against a party as a defendant begins before the probation period ends and then because of a new offence he has committed during the probation period or because of an offence he committed before the decision was made to suspend the prosecution. The case may also be reopened if the party significantly violates other conditions that were imposed on him. Prosecution suspension is registered in the criminal register, see further.

The prosecution

The prosecution is in the hands of the State Prosecutor, the District Prosecutor and the Police Commissioner, with the exception of the National Commissioner of the Icelandic Police. The State Prosecutor is the highest holder of prosecution power and accordingly exercises supervision and guidance with the District Prosecutor and the Police Commissioners.

The role of the prosecution authority is in particular to ensure, in cooperation with the police, that those who commit crimes are subject to legally sanctioned penalties (prison, fines, deprivation of rights, confiscation of property) or to handle criminal proceedings in other ways.

Accused

The defendant is the person who is charged with a presumed criminal offence in a criminal proceeding.

B

Fragile

A victim means the individual who is violated by a criminal act. A victim can thus be the owner of a damaged car or a person who is a victim of assault.

Victims of crime enjoy certain rights in criminal proceedings. For example, a victim of crime may have the right to be appointed a court officer who protects his or her interests and provides assistance in a case, such as in making a claim for compensation. Also, a victim of crime may have the right to compensation as a victim of crime.

D

The verdict

A judgment is a written decision of a court on the subject matter of a particular case, which contains the prerequisites and the verdict. A judgment is also binding on the accused, the prosecution and others on the subject matters that are judged therein.

E

Isolation

When a defendant is detained for the purposes of investigation of a criminal case, in certain cases the defendant may be detained in isolation while being held in custody.

F

Detention

With detention, the defendant's freedom of movement is impaired, usually in such a way that he is prohibited from leaving the country. A judge may detain the defendant instead of detain him in custody.

G

Provisional custody

Detention is a temporary deprivation of liberty which can be used by police for the purpose of investigation or the handling of a criminal case on the basis of a court order, with certain conditions fulfilled.

Detention is not a sentence but usually comes as a deduction for the prison sentence if the person is sentenced to prison after being held in custody.

H

Seizure

Seizure involves the deprivation of possession of a person's items subject to certain conditions. The objective of seizure is usually to inform a case, although sometimes seizure of items is used for criminal purposes.

Searching for a house

Searches of homes are searches of people or items in the defendant's house, storage facilities, shelters, ships, aircraft, cars or other vehicles in order to arrest him, investigate the circumstances of the offence and other evidence or to locate the items to be seized. As a general rule, police can only carry out searches on the basis of a court order unless the owner or the manager is unambiguously in agreement. Searches are permitted without a court order in a wide area and in premises or vehicles, which are open to the public or which can be easily walked by.

K

Dear

An appeal may mean:

1. Notification to the police that a suspected criminal act has been committed; or

2. A decision to appeal to the higher administrative authority, administrative appeal. For example, a decision by the Chief of Police and the District Prosecutor to dismiss an appeal, discontinue an investigation, drop the case and drop prosecution can be appealed to the State Prosecutor within one month of the person concerned being notified of the relevant decision.

3. The appeal to the National Court and, where applicable, the Supreme Court of decisions made under the proceedings as well as other decisions of judges. For example, a decision of the district court on custody can be appealed to the National Court.

Appealing

The complainant is the person who, for example, appeals a court order to the National Court or Supreme Court or submits an appeal to the police or prosecutor.

Sexual assault

Sexual assault is a synonym for criminal offences that in some way concerns sexual freedom. The main objective of the provisions that concern sexual assault is to protect the rights of people to self-determination regarding their sexual lives, freedom and privacy.

Detention of assets

Police may demand detention of the defendant if there is a risk of property being stolen or lost or severely damaged. This can be done by police to ensure payment of fines, criminal costs and confiscation of benefits obtained through the offence. Detention shall be suspended if the defendant has been acquitted by a final judgment of payment of fines and criminal costs or confiscation of benefits has not been awarded. The same applies if the prosecution has been discontinued or the investigation does not result in prosecution. The defendant has the right to have the measures taken to ensure detention suspended. Detention shall be suspended in the same way if the defendant makes the payments that detention is supposed to guarantee.

L

Body search and body examination

A body examination consists of an examination or examination that is directed at the human body and usually at individual parts of the body. For example, it is considered a body examination when blood and urine samples or other biological samples are taken from humans. A body examination shall be decided by a judge's ruling unless the express consent of the person concerned is available.

In the case of searches, searches are meant to search a person for the purpose of seizing items that may be in his possession. This also applies to cases where outside items, such as drugs, are searched for, intended to be hidden inside, e.g. after having swallowed them. Searches shall be decided by a judge's order unless the unambiguous consent of the person concerned is available. However, searches may be allowed without a court order if there is an immediate risk that waiting for a ruling will cause criminal damage.

Police Chiefs’ Settlements

The Chief of Police is generally authorized to conclude a case in which he has the power to prosecute, by means of a commissioner's agreement. The condition for the application of this remedy is that the penalties for an offence do not exceed temporary suspension of driving or the value of the person to be seized or the amount of the fine does not exceed a specified amount and that the offence is listed in a register issued by the State Prosecutor.

M

The lawsuit

The initiation of a criminal case. Criminal proceedings are considered initiated when charges are made against the accused.

Oh

A non-conviction

A non-conviction sentence is a punishment sentence where the accused is sentenced to a prison sentence that is not suspended, i.e. he must be subject to imprisonment.

R

Criminal investigation

The main policy is that criminal investigations are conducted by police under the direction of the district attorney or the police commissioner and the objective of the investigation is to obtain all necessary data in order for the accuser to be able to decide after the investigation whether to prosecute a person. Police shall whenever necessary initiate investigations on the basis of knowledge or suspicion that a criminal offence has been committed whether they have received a complaint or not. However, police may dismiss a complaint about an offence if there is no basis for continuing it, such as if it is found that the complaint has not been substantiated or the offence is minor and it is predictable that the investigation will result in an unreasonably high effort and costs.

A court-appointed officer

A lawyer who has the role of protecting the interests of the victim and providing him/her with assistance in the case, including making a claim for compensation in the case if there is damage. The police are obliged to appoint a court officer if the case concerns sexual offences and the victim wishes to do so. The police are also obliged to appoint a court officer if the case concerns manslaughter, bodily harm or violations against human liberty and the victim can be expected to have suffered significant damage to his/her body or mental health as a result of the offence or that someone close to him/her has been violated against him/her and the police assess that the victim needs the assistance of a court officer to protect his/her interests in the case. A court officer should also always be appointed if the victim has not reached the age of 18 when an investigation is started.

For example, during an investigation, a court officer may always be present when a victim’s report is taken. The court officer is also entitled to obtain copies of the evidence relating to the victim’s part in the case, as well as the right to attend all hearings in the case and to comment on the victim’s claims for compensation before a court, as well as to comment on legal issues that concern the victim specifically.

The fee for a court officer is paid by the government.

S

Criminal cases

In criminal cases, it is determined whether a person has committed criminal acts that they are accused of. Also, the guilty are determined appropriate penalties.

Criminal costs

Criminal costs include unavoidable expenses for the investigation of a criminal case and its handling. Criminal costs shall be paid out from the State Treasury.

If the accused is convicted of the offence or the offences that are charged to him, he shall be required to pay the costs of the criminal investigation. If the accused is acquitted of the demand for punishment or other penalties and the case against him is dropped, he shall not be required to pay the costs of the criminal investigation unless he has incurred the costs by deliberate and unlawful conduct during the investigation of the case or its handling.

Criminal record

The State Prosecutor keeps a criminal record for the whole country, where the results of criminal cases are recorded. In the criminal record are recorded certain information about criminal cases, e.g. sentences, penalty decisions, police commissioners' agreements and deferred charges.

Criminal records contain information on a person's criminal record from the criminal register with certain limitations. If a person requests a criminal record for himself or herself, he or she shall do so in writing at the District Commissioners' office.

The defendant

The defendant is the person who is accused or suspected of criminal conduct. Both individuals and legal entities can be considered as defendants.

Prosecutor

The accusers are the State Prosecutor, the District Prosecutor and the Police Commissioners. In addition, under their authority, the Deputy State Prosecutor, the Deputy District Prosecutor, the Prosecutor, the Deputy Prosecutor and the Prosecutor’s Deputies, as well as the legal assistants of the Police Commissioners. The role of the accusers is to ensure, in cooperation with the police, that those who commit crimes are subject to the lawful penalties. The accusers, among other things, decide on prosecution, issue criminal charges and carry out their case to the court.

A penalty message

A penalty notice is when the police commissioner gives the defendant the option to conclude a criminal case with the payment of a fine if the offence is minor.

The penalty

The penalty is already:

1. A judge shall make a fine to the accused with his consent. If the accused attends a court hearing and confesses to the conduct that is to blame, the accuser may give him the opportunity to conclude the case by submitting to a fine. If the accused agrees to such a conclusion and the judge considers penalties appropriate, he may conclude the case by his decision on those penalties.

2. When a person is fined by a government authority, e.g. a police commissioner or a police officer or a super-tax commission, without the assistance of the courts. The condition is that the penalties for an offence do not exceed a fine of a certain amount according to a regulation set by the Minister of Justice, the suspension of rights or the confiscation of assets.

Telephone listening

Telephone listening is one of the measures that are classified as coercive measures and can be taken by the police in criminal investigations.

The remedy is restricted by law and it can be said that the presumption of the right to a judicial order is the prerequisite for the application of this remedy.

A suspended sentence

A suspended sentence is a punishment sentence where the decision of the sentence or the execution of the sentence is postponed for a certain period of time in return for the defendant not to commit a crime during that period.

Humans may be subject to additional conditions, such as that the person in question does not consume alcohol, other drugs, etc.

Ú

The verdict

The ruling may either be:

1. A formal decision by the regulatory authority.

2. A formal decision by a judge on the details of a case, e.g. on its handling, which usually has to be finalised by the proceedings until its sentencing.

Certain rulings of the District Court can be appealed to the National Court.

It is also possible to appeal certain rulings of the National Court to the Supreme Court, such as:

• A ruling by the National Court of Justice on the dismissal of the case from the District Court or the National Court or the partial or all-cause dismissal of the case from the District Court or the National Court;

• Whether the judge of the National Court is in the case,

• Court-ordered fine for Landsréttur,

• Obligation of witnesses according to Article 119 of the Act No. 88/2008 on Criminal Procedure to answer a question.

V

Detention

In general discussion, the concepts of detention and custody are not always made a distinction and the concept of detention is often used equally over the concept of custody.

The term detention does not have an independent meaning in the existing law but it did in the past. When the Penal Code was introduced, there were two types of penalties, namely imprisonment and detention. Those who had committed major crimes were sentenced to prison but those who had committed minor crimes were sentenced to detention.

Detention was abolished as a punishment for criminal conduct by law no. 82/1998. In the current law there are two types of punishment, namely imprisonment and fines.

Defender

A lawyer who is appointed or appointed to represent the interests of the defendant. According to law, the defendant is guaranteed a strong right to obtain a appointed defence lawyer under the guarantee of the Treasury and this cost is considered to be the costs of the criminal prosecution.

Penal decision

If the accused attends a court hearing and confesses to the conduct that is to blame, the accuser may give him the opportunity to conclude the case by submitting to a fine. If the accused agrees to such a conclusion and the judge considers penalties appropriate, he may conclude the case by his decision on those penalties.

Witness

A witness is anyone who has witnessed the facts or otherwise sensed them in person and who reports the event to the court and/or police investigation, without being a party to the case or an assessor. Anyone who has provided the police or the prosecution with expert assistance or advice in connection with criminal proceedings may also appear before the court as a witness. Anyone who has reached the age of 15 and is not a defendant or his/her representative and is subject to Icelandic jurisdiction is obliged to appear before the court as a witness to answer orally questions addressed to him/her about the facts. The same applies to anyone who has provided the prosecution with expert assistance or advice before a case is brought.

Þ

Coercive measures

Coercive measures are mainly those actions that are useful for police in the investigation of criminal cases. For example, seizure, search, body examination, phone-hacking, arrest, detention and custody.