Non-punishment provision

While welcoming the adoption of amendments to the Criminal Procedure Act, GRETA is concerned the non-punishment provision is not sufficiently and consistently applied by the prosecution and the courts, and considers that the Norwegian authorities should take further measures to ensure compliance with this provision in practice, including by:
– bringing the guidelines issued by the Director of Public Prosecutions fully in line with Article 26 of the Convention by clarifying that the non-punishment provision is capable of being applied to all offences that victims of trafficking were compelled to commit;
– ensuring that victims of THB are promptly identified as such, in any event before being convicted of offences they were compelled to commit;
– encouraging prosecutors to be proactive in establishing whether an accused person is a potential victim of trafficking, and to consider that, having been trafficked, the culpability of the victim may be diminished, or even removed entirely;
– ensuring that all negative consequences faced by victims of THB, such as any form of detention, entry bans or delays in seeking legal residence in Norway, are lifted for presumed victims of THB, including in cases where their victimhood has only been recognised after they were deported