Scandinavian American. [volume] (Seattle, Wash.) 1945-1958, 1949-09-30
Norway
The Courts

Oslo, but Its field Of activity EN-
braces the whole country. There is
one President tJustitariusl and Il
permanent judges. In each case
the court is made up of judges.
Due to the important influence
which Supreme Court decisions
have on legal practice, the rule is
that if more than members of
the court vote for a decision diff
fering from previous Supreme
Court decisions, the case should
be decided by the complete court.
Proceedings are oral, but all ev-
idence is written and presented by
the barristers. TIL Supreme
Courts Board of Appeal (Kjaere-
malsutvalg) consists of S. c..
judges and handles appeals from
lower courts, which need not be
brought before the Supreme Court
itself
Courts of appeal are found in
5 cities. They are led by presid-
ing judge Qagmann) with two as
sistant qualified judges. In some
cases lay judges (domsmenn) take
part in the decision. In criminal
cases the question of guilt is de-
cided by lay jury, while punish
ment is decided by the 3 qualified
judges After the war the jury
system has not been employed in
cases against traitors and collab-
orators. All proceedings, includ-
ing presentation of evidence, are
oral in these courts.
District and town courts are ad-
ministered by a qualified judge
with two assistant lay judges. In
most civil cases the judge decides
the case unassisted. Proceedings
are oral. Jurisdiction of such
courts is limited to the city or dis
trict.
Cancellation councils are found
in all municipalities (kommuner)
They each consist of 3 members,
elected by the municipality every
years. These councils act mainly
as mediators to obtain an agree
ment between the parties before
the case is taken to court. but al
SO as courts proper, under certain
conditions. All proceedings in
these courts are oral and the par
ties meet without their lawyers.
Cases against Traitors and
COllaborators.
Actions of the Quisling traitor
government and other collabora-
tors have created problem unique
in Norwegian legal practice.
In the ordinary criminal law
there are provisions for cases
against treacherous actions such
as were committed during the &C.
cupation, but the extent of these
offences could not be foreseen.
Consequently it became necessary
to amend and supplement the law
in two respects. Military law con-
corning treason and espionage was
modified to make it applicable to
the large numbers of traitors, col
laborators and persons serving in
German units and new rules
were introduced, making it pos
sible to punish adequately the
small traitors. party members
who had only been guilty of petty
offences.
The total number of members of
the Nazi party "Nasjonal Sam
ling was about $4,000. Some of
these also served in special units
OF the German armed forces
("frontkjepere'D. while others
were active in the storm troops,
police etc, or betrayed patriots
and secret agents. Cases against
Germans in Norway. (torturists.
"Abwehr' agents etc have also
been handled by Norwegian courts
AS per l, July 1e4s about 60
900 cases have been tried. OF
these about 10000 have been drop
ped, in "a. 900 punishment mostly
fines was melted out by the po-
lice, $4,000 have been decided by
the courts, some of them appealed
IS traitors have been executed
among them Quisling himself Pun