Information for victims

Court procedure

If the prosecutor considers that what has been said in the course of the investigation of a case is sufficient or likely to be a conviction, the indictment against the accused is issued and criminal proceedings against him or her are brought before the courts. If the accused is denied, the main procedure in the case shall be carried out in court, and the victim shall then have to appear before the court to give a statement.

Obligation of witnesses

All persons who have reached the age of 15 years are obliged to appear in court as witnesses to answer questions on the facts of the case, as is the case with victims and other witnesses. However, in certain cases, a witness may decline to give evidence, including if the witness is or has been the defendant's spouse, is a relative of the defendant in the direct line of descent or is related to the defendant by adoption, is the defendant's step-parent or step-child, the defendant's parent-in-law or a relation-child. If a witness does not appear in court without legitimate prejudice, the applicant may summon the police or bring the witness to court.

The Courthouse

When the victim arrives at the courthouse for a statement before the court, he/she must generally wait outside the court first until he/she is picked up and asked to come in. Most of the time the victim gives a statement next to the defendant. Persons who are to be heard in court may not listen to the statements of those who are to give statements before the judge. It is important to be punctual and to attend the court session, but sometimes the hearing is delayed and there may be some delay in the summons of those who are to give statements to the court.

Court hearing

Hearings of the victim in court are similar to police questioning, but there are more present in the courtroom. The courtroom is equipped with a judge present, or judges present, as prosecutor, defence counsel and legal counsel in cases where the victim has been appointed legal counsel.

When questioning is taken in court, the victim sits in a seat in front of the judge. On the left side of the courtroom, as seen from the witness, sit the prosecutor and the legal counsel, in cases where the victim has a legal counsel, and on the right side sit the defence counsel and the defendant. Criminal procedure in court is generally open, so some more people may be present in the room. Certain cases are though operated in closed doors, such as most sexual assault cases. This is done in view of the sensitivity of such cases to all parties to a case and the fact that others have not been granted access.

The defendant has the right to be present at a court hearing, but exceptions are made in certain cases, where it is considered that the presence of the defendant could be particularly burdensome for the victim and affect his or her testimony, for example in cases of sexual offences and intimate partner violence. A request needs to be made that the defendant be ordered to leave the courtroom while the victim gives evidence, and it is for the judge to assess whether this can be done. Often, however, the defendant himself or herself agrees to leave court while the victim gives evidence.

In cases where the victim has a legal counsellor, he or she shall give the victim guidance and explain the procedure and be given guidance and support in the lead up to and during the case. Injunctions by victims to have their petition expelled from court shall be submitted by the victim's legal representative.

At the beginning of the hearing, the judge shall ask the victim to state his or her name and explain in a short manner how the execution will be carried out. The judge shall inform the victim that it is the duty of the victim to tell the truth and the right, and that it is a punishable offence to say the wrong before the court. This does not mean that the judge expects the victim to tell a lie, but rather that the judge is obliged to give the victim guidance on this matter, and in fact says this to all the witnesses who appear before the court to give evidence.

It is not expected that the victim himself or herself will be able to tell the truth about all that matters, but usually the victim is first asked to tell the event under discussion and then the applicant asks about the details. After the prosecutor has asked questions, the defence counsel is offered the opportunity to ask, and sometimes the judge will also ask.

The objective of the hearing is to shed light on the circumstances of the case. It is therefore important that the victim only tells as far as he or she knows and remembers and notifies them if he or she is unsure of any points. Sometimes the judge, the prosecutor or the defence counsel recall what the victim said in the police interview, and ask the victim whether the description of the incidents was correct. The length of time taken to take statements before the court varies, depending on the nature of the case. After the hearing, the victim may, depending on whether he or she wishes, leave the court or remain in the courtroom and observe the proceedings.

A victim who is summoned to court may request that the prosecutor pay for travel and residence at the court. This applies in particular if the victim has to travel a longer distance and even spend the night outside the home due to his/her witness duties. Short-term trips within the same community are not included. When the victim has presented a statement to the court, the judge may demand that the judge decide on payments for costs incurred and remuneration for loss of employment, which may be considered to be of significance to the victim given the economy and circumstances.

Closed procedure

Although the general rule is that court proceedings are open, the judge may decide that a court session is to take place in a closed door, in whole or in part. This is the practice in most sexual offences, for example, and is done to spare the accused, the victim, their relatives, witnesses or others involved. When the proceedings are closed, only those parties are permitted to be present when the case is brought.

Court appearance

The case concludes with the judgment being delivered. The judgment shall state the defendant's identity, the main subject matter of the indictment, what was demanded, the main facts of the case and the discussion of the judge's proof and arguments on what is considered to be proven in the case, as well as the judge's arguments for a conclusion on other aspects of the case, including the sanctions and costs of the case. Judgment shall be delivered as soon as possible, and the general rule is that the judgment shall be delivered no later than four weeks after it was orally delivered. The judge shall notify the parties of the place and time of judgment.