What is the duty to avert a criminal act?
In the case of certain forms of violence and abuse, we have a statutory duty to seek to avert the offence.
The duty to avert criminal acts is described in Section 196 of the Norwegian Penal Code and is triggered when you become aware that a criminal act will take place, or you believe that it will most likely take place.
On this website, you will find an overview of which violent and sexual offences you may have a duty to seek to avert. You can also find help to determine whether you may have a duty to avert a criminal act under the Norwegian Penal Code.
The duty to avert criminal acts applies to everyone, both those who work with people and have a duty of confidentiality, and private individuals.
You can fulfil your duty by
- notifying the police
- notifying Child Welfare Services
- or otherwise by seeking to prevent the criminal act. When you attempt to avert violence or abuse,
It is important to cooperate with the person concerned, whether they are a child, a teenager or an adult.
Dialogue and cooperation must be adapted to the person’s age and maturity, and will depend on the urgency of the situation. Nevertheless, it can be wise to assume that children and adults have the same need for information, security and control over their own situation.
Violent and sexual offences that you have a duty to seek to avert
- forced marriage, Norwegian Penal Code, Section 253
aggravated deprivation of liberty, Norwegian Penal Code, Section 255 - conspiracy to commit aggravated deprivation of liberty, Norwegian Penal Code, Section 256
- aggravated human trafficking, Norwegian Penal Code, Section 258
- aggravated bodily harm, Norwegian Penal Code, Section 274
- marriage with a person who is under 16 years of age, Norwegian Penal Code, Section 262, second paragraph
- homicide, Norwegian Penal Code, Section 275
- conspiracy to commit homicide or inflict considerable harm to someone’s body or health, Norwegian Penal Code, Section 279
- abuse in close relationships, Norwegian Penal Code Section 282
- aggravated abuse in close relationships, Norwegian Penal Code, Section 28
- genital mutilation, Norwegian Penal Code, Section 284
- abandonment in helpless state, Norwegian Penal Code, Section 28
- sexual assault, Norwegian Penal Code, Section 291
- abuse of unequal power relationship, etc., Norwegian Penal Code, Section 295
- sexual assault on a child under 14 years of age, Norwegian Penal Code, Section 299
- aggravated sexual activity, etc. with a child between 14 and 16 years of age, Norwegian Penal Code, Section 303
- incest, when the victim is under 16 years of age, Norwegian Penal Code, Section 312
- sexual activity between other closely connected persons, when the victim is under 16 years of age, Norwegian Penal Code, Section 314
For other offences you have a duty to avert, see the Norwegian Penal Code, Section 196
5 questions to check if you have a duty to avert
This short, animated film shows five questions you can ask yourself to check whether you may have a duty to avert a criminal act under the Norwegian Penal Code. It also explains a bit about who you can notify.
Are you unsure if you have a duty to avert a criminal act?
Here are five questions that may be helpful.
The duty to avert criminal acts applies in situations where there is a risk of rape, murder, domestic violence or sexual abuse of children. These are acts covered by Section 196 of the Norwegian Penal Code.
Sometimes you are certain, while other times you may have a nagging suspicion. It is enough that you believe it is likely that the offence will occur. Then you have a duty to avert the offence. You also have this duty if you believe there is a risk of a recurring offence.
If you can, try to prevent the offence from occurring. If it has already taken place, you have a duty to prevent injuries and other consequences.
You do not have a duty to avert an offence if to do so would involve endangering life and health.
No one has a duty to risk criminal charges against themselves or any other innocent person. If you believe that you may be prosecuted, you must try to avert the offence in some way other than notifying the police.
PLEASE NOTE that this does not apply if the victim is a minor and the person who fails to avert the offence is the child’s caregiver. Then you must avert the offence even if you or others may risk prosecution or criminal charges.
If the answer to all of these questions is “Yes”, you have a duty to notify the police or otherwise seek to avert the offence. Remember that the duty to avert a criminal act always takes precedence over a duty of confidentiality.