Compensation by the State for Aquittal
If you have been charged in a criminal case you have the right to compensation when the prosecution is adjusted or you are acquitted after ordinary proceedings.
Generally, after the Norwegian criminal procedure law, you have the right to compensation for financial loss suffered as a result of prosecution. Compensation can be claimed when the charged has been acquitted. You are charged when the prosecutors has declared you as charged or when prosecution is initiated by the court. An arrest does according to the Norwegian police law not give the status as charged.
Use of Force
Prosecution which can result in financial loss will typically be use of force such as arrest, imprisonment and the use of search warrants. The decisive factor for the court in relation to compensation is whether this prosecution has resulted in you suffering a financial loss. If the charge is rendered void, or you are acquitted, you have the right to be put in the same financial equivalence as if you had not been charged. It is you that have to show that you have suffered a financial loss. You can claim compensation for all forms of injury or loss which has resulted in a financial loss. There are however a limit in relation to remote and unforeseeable losses. There must be a causal link, and the loss must be a foreseeable result of the action.
Compensation for Imprisonment
It is typically loss of earning after imprisonment or loss of clients or customers or additional costs due to confiscated driving license which gives the right to compensation. Potential future loss must also be taken into consideration. Additionally, costs of legal assistance in the claim should be covered. For long term imprisonment you can base this on gross yearly income without added rent. There must however be made deductions for saved costs, but not costs of room and board in the prison. For future economic loss there must be made deductions for national insurance benefits.
Confiscated Personal Belongings was Stolen from the Police
People who have been subject to other criminal procedures than imprisonment should only be compensated when it is found to be reasonable. Loss of confiscated personal belongings which was stolen from the police’s storage was by the Norwegian Supreme Court found not to be remote and was therefore subject to compensation. However, physical issues with the charged was not seen by the Supreme Court to be a result of the criminal proceedings, and compensation for loss of earnings was not awarded. If the police has given information to the press about the charge and a media report results in you losing an assignment, the loss can be covered.
Only Financial Loss can be Compensated
Generally it is only financial loss which can be compensated. Compensation for non financial losses is not regulated by the rules. But compensation for infringement or damage of non financial nature can be awarded in specific circumstances. The Court will then consider whether it is reasonable in the specific circumstance.
Compensation can be Removed or Decreased
The right to compensation can be removed or decreased if the charged is reprehensible for the underlying actual circumstances.