Key Benefits:
Law of Conflict Processing (Conflict Thread Act) |
| Date | LO-2014-06-20-49 |
| Ministry of | The Justis and the Department of Emergency |
| Last modified | LAW-2015 -06-19-65 from 01.10.2015 |
| Published | In 2014 booklet 8 |
| Istrontrecation | 01.07.2014 |
| Changing | LOL-1991--03-15 -3 |
| Announcement | 20.06.2014 10:00 a.m. 15.50 |
| Card title | The conflict of law-condensl. |
The conflict trawler will arrange meetings between parties in conflicts that arise because one or more people have inflicted on others an injury, a loss or another infringement.
Conflict of the conflict is conducting the criminal reactions of mediation in conflict, follow-up in conflict, youth follow-up and juvenile punishment.
The conflict of civil affairs is treating civilian cases brought by the parties or public agencies, if the case is suited for conflict processing.
A meeting of the conflict of the conflict could be the mediation meeting, grand meeting, youth meeting, facilitated meeting, follow-up meeting or other meetings in regi of the conflict.
The conflict's business is to build on a restoratory process that adds the right to that the parties and others affected by any offence or a conflict in communities determine how the effects should be handled.
The parties should not pay fees for meetings in the conflict thread.
The Ministry can provide regulation with filler regulations on the conflict of the conflict.
The law also applies to Svalbard. The Ministry can provide regulation on the law of law enforcement on Svalbard and can determine the shonest rules by the conditions on the site.
In each conflict thread, there should be a conflict manager and one or more youth co-ordinators. The Youth Coordinator is in charge of conducting youth follow-up and juvenile punishment after Chapter IV.
In each conflict thread, it shall be appointed one or more conflict thread brokers for each municipality of conflict covers. The conflict thread can make exceptions from this claim if the shonest relationship dictates it.
The Verknow as the broker is voluntary. The composition of broker is supposed to be versatile, so that the population is best represented.
Meklers are appointed by a staging committee consisting of one representative designated by the city council or the municipality, one representative from the police and the conflict manager. On Svalbard appointed conflict brokers of one representative designated by Longyearbyen local rule, one representative from the Sysseldorf on the Svalbard and the conflict manager in Troms.
The conflict manager gets broker skills at employment.
The resolution applies for a period of four years. The period is not time-limited for the conflict manager and employee of the conflict of conflict appointed as broker.
The opposition committee shall revoke the broker's enlisted if they no longer meet the requirements in Section 5, Section 6 or Section 7.
Conflict leaders, youth ordinators and broker must be
| 1. | over 18 years |
| 2. | citizen of Norway or any other Nordic country, or have stood instituted in the fold register as settled in the realm for the past three years before hiring or uplift |
| 3. | personal fit |
Meklers must also be settled in the municipality where enlisted.
Excluding from employment as a conflict manager and youth coordinator and from the uplift as the broker is
| 1. | the one charged, prosecuted, has adopted parental eggs or has been convicted of sexual abuse of children |
| 2. | the who is id-tender detention |
| 3. | the ident transfer to force-to-force mental health protection or forced care |
| 4. | the who is idless unconditional prison sentence for more than three years |
| 5. | the who is idled unconditional prison sentence for one to three years, and that by employment or uplift is less than 15 years since the verdict was judicial |
| 6. | the one who is idled unconditional prison sentence for less than a year, and that by employment or uplift is less than 10 years since the sentence was judicial |
| 7. | the who is idless juvenile punishment, and that by employment or uplift is less than 10 years since the sentence was judicial |
| 8. | the one who is idled conditional prison sentence, and that at the uplift or employment is less than five years since the verdict was judicial |
| 9. | the one who has been given conditional plea or sentencing for a relationship that after the law could result in prison for more than one year, and that by employment or uplift is less than two years since the decision was final |
| 10. | the one who has been given illaments the reaction to the conflict thread for a relationship that after the law could result in prison for more than one year, and that by employment or uplift is less than two years since the decision of transfer was final |
| 11. | the id-tender or has adopted the wave penalty for a relationship that after the law could result in prison for more than a year, and that by employment or uplift is less than two years since the ordinance, or the sentence was judicial |
Dom on civic punishment involves exclusion after the first clause, depending on the length of the subsidized prison sentence. By partial conditional prison sentence, each part is considered for the first clause.
Upon employment and uplift, conflict managers, youth coordinator and broker leaders deliver an exhaustive and expanded police reference, jf. The police registry law Section 41, to the conflict thread. Youth ordinators and brokers have the duty to inform the conflict thread if they no longer fill the requirements of satisfactory vandel. Conflict leaders have an equivalent obligation to inform the Secretariat of the conflict threads.
Employees at the prosecution with the state of spokesmen, employees of police with police authority and police academy students in the internship may not be appointed as broker-makers.
Excluding of the first clause does not apply at leave from the position.
The Prevalence Act applies to the conflict of the conflict.
When the conflict thread rejects a case or refuses to approve an agreement, this is to be justifiable by the rules of the Management Act Section 24 and 25.
Unless otherwise, stipulate in or in co-law, duties broker and others who perform service or work for conflicts to preserve silence about what they in connection with the service or work gets to know about someone's personal relationships or others ratio as mentioned in the Management Act Section 13 first clause. As personal relationships also count the couple's name, birthplace, birth date, Social Security, civil affairs, civil affairs, civil and working place.
Duty to preserve silence after the first clause applies to all who are present at the conflict meeting. By the way, the rules of the Management Act Section 13 to 13 e as far as they fit.
The violation of the patient privilege after the first and second clause can be punished after the Criminal Code Section 209. The conflict of duties to inform participants in the meeting about this.
The court cannot accept explanations that a witness cannot give without violating the privilege of the first-and-otherwise clause of the minor court following a vevining of the execution of the privilege and the regard to the case of the case of the ruling determines that The witness is still going to give explanation. Unless both parties consent, the witness cannot explain to us about what the parties have been known or offered during the mediation.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
In cases brought in by the parties or other public agencies than the prosecution, the conflict council decides whether the case is suited for conflict processing.
The conflict thread is to process the case as soon as possible.
Conflict management treatment requires the party's consent unless otherwise determined in or in the co-hold of the law here. The collection is supposed to be real and informed. The parties should essentially agree on the case relationship as the conflict applies. In a case of multiple insult or injured, all consent to the conflict processing must be obtained.
If a party is under the age of 18, the party's guardians must also consent in that a case is processed by the conflict thread. The hosts will be notified of the conflict meeting and have the right to be present in the meeting. If the guardian cannot or will the guardian of the party's interest in the case, temporary guardian shall be appointed after the vergemtarget of regulations.
In civilian cases, consent and notice of other clause can be left to the extent that minors can make a deal on its own, and the conflict manager or broker finds it undoubtful.
Upon the completion of youth penalties and youth follow-up after Chapter IV, only consent from the convicted or the accused and sentencing of the court or the sight of the guardians of the court.
The parties must meet in person and may not be allowed to represent at the deputy in the conflict meeting with less otherwise determined in or in co-hold of the law here. Upon the completion of juvenile penalties and youth follow-up after Chapter IV, it is not required that the insult and the victim's guardians are present in the youth summit.
The conflict thread may allow the metles indirectly between the parties. Indirect mediation can be mediation by phone or video transfer, or that broker acts as messenger between the parties.
In a criminal trial where no single person has been inflicted on an injury, a loss or another infringement, jf. Section 1 first clause, conflict processing can still be carried out if someone touched, meets. In such cases, the agreement cannot be made on financial compensation.
When an enterprise is inflicted on an injury, a loss or another infringement, jf. Section 1 first clause, the conflict thread may allow a person to be touched, meets on the enterprise's behalf.
Permission for the fourth clause should be given only when the purpose of the conflict arrangement arrangement is taken. In addition, the benefits of conducting mediation after an overall assessment must be greater than the disadvantages.
The case is to be processed at the conflict of the municipality where complaints or insult may be living or staying with less else is stipulated in or in the co-hold of the law here.
When the conflict thread finds it appropriate, a civil case can be transferred to a different conflict thread. The sight of the Parties shall be emphasis on the decision of which conflict thread is to process the case. Are the conflict threads disagree on where the issue is to be resolved, the Secretariat determines the conflict of contention which conflict should process the case.
In cases transmitted from the prosecution, the prosecution decides which conflict is to process the case. The conflict thread can deal with the prosecution that the matter is to be transferred to another conflict thread. The parties should in advance be given the opportunity to comment on the question.
The conflict thread determines how many broker brokers are to broker in the individual case. In cases that are set with more than one broker, it is supposed to be pointed out a major broker.
The conflict thread may allow the parties to have with one or more support persons in the meeting.
Parts lawyer or legal helper cannot be permitted to participate as a support person. Upon completion of juvenile punishment after Chapter IV, the defender and bistand attorney can participate as the support person during the youth summit.
The parties have the right to let themselves assist by qualified interpreter following closer rules that the ministry determines in regulation.
Part Article SECTION 17. AgreementIn cases oversubmitted from the prosecution, any agreement shall be set up in writing and underdrawn by the parties. In civil affairs, the equivalent of if the parties agree on it. Is a party umpithy, the agreement must also be approved by the vergene. In civilian cases, approval from the vergene can be neglected if the minors have the right to cut deal on its own, and the broker finds it undoubtful.
The broker decides whether the deal parties are coming forward to can be approved. In criminal matters, the approval shall happen in writing. In cases of more broker, all the broker must agree if the agreement is to be deemed approved. In civil affairs, the parties shall be made aware that the broker's approval does not have self-legal effect.
The broker shall not approve an agreement as in unreasonable degree favoring a party, or which is unfortunate for other heavy-weighing reasons.
An agreement that assumes a performance to the scareddit shall determine the extent of performance and due time. It shall also be determined whether the agreement represents the final settlement between the parties.
An agreement in the conflict of conflict is neither the victim's right to apply for damages after the arbitration bill or the state's right to seek regress from the claim of injury.
In cases submitted from the prosecution, each of the parties may withdraw from an agreement by giving word to the conflict thread within two weeks after the agreement has been approved by the broker. This still does not apply to an agreement that is met. The parties should be disclosed in writing about the adhall to withdraw from the agreement and about the consequences of this.
In civil affairs, the parties shall be informed that it can be agreements a due date to withdraw from the agreement.
The Ministry can provide regulation with filler regulations on case management and review of meetings in the conflict threaded.
Part ArticleConflict of the conflict has the obligation to treat cases that by decision by the prosecution or the court has been oversubmitted to mediation, review of follow-up on conflict, youth follow-up or juvenile punishment. The treatment shall be commended as soon as possible after the case is received. If the deferral of the case is mandated, the prosecution shall be given the subdirection of when the case is expected to be processed.
When a meeting in the conflict of the conflict is concluded, the conflict of the State shall submit the case documents to the prosecution with enlightenment if reached an approved agreement between the parties.
Once the deal is met, the conflict of the settlement shall immediately submit a confirmation of this to the prosecution.
In cases where mediation in the conflict thread is set as conditions for the plea of the sentencing of the sentencing process Act Section 69 third clause, jf. The penal code Section 37 first clause the letter in, and the meeting did not occur, the conflict of the subject shall immediately overpass the case to the prosecution. If the defendant violates a struck agreement, the prosecution shall be notified. The prosecution can open the strait of the prosecution if the meeting did not occur due to the defendant or if the intended violates a struck agreement significantly.
In cases transferred to mediation in the Conflict of the Criminal Code Section 71 a first clause and the meeting did not come in order, the conflict thread shall immediately overpass the case to the prosecution. If the defendant violates a struck agreement, the prosecution shall be notified. The Prosecution may open the strait persecution if the meeting did not occur due to the intended, agreement does not come in stand or the defendant violates the agreement significantly.
In cases where mediation in the conflict thread is set as conditions for conditional judgment in the co-law of the Criminal Code Section 37 first clause letter in, and the meeting did not occur due to the intended, the conflict of the prosecution shall immediately overpass the case to the prosecution. If the defendant violates a struck agreement, the prosecution shall be notified. The Prosecution decides whether the issue should be brought in for the court for determining new terms or consummation of the penalty, jf. The penal code Section 39.
Violation of youth penalties and youth follow-up are regulated in Chapter IV.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
Reactions youth penalties and youth follow-up are made up of the completion of a youth meeting, the work of an individual customized youth plan and follow-up of the plan.
By juvenile court, the Court of Justice determines the pre-run time, jf. The Criminal Code Section 52 a to 52 c. The review time can be from six months to two years. If the prison sentence that would have been idless without juvenile punishment is clear longer than two years, a feasible time can be made up until three years are determined.
By youth follow-up, the prosecution determines the pre-season review of cases transmitted in co-court process law Section 71 a second clause and Section 69 third clause, jf. Criminal Code Section 37 first clause letter j The court determines the review of the case in cases following the Criminal Code Section 37 first clause j. The review time can be for up to one year.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The conflict is launching preparations for a youth meeting immediately the case has been transferred from the court following the Criminal Code Section 52 a to 52 c or Section 37 first clause letter j, or from the prosecution after penalty process law Section 71 a second clause or Section 69 third clause, jf. Criminal Code Section 37 first clause letter j
The youth summit is led by a youth coordinator to ensure that relevant tactics are represented. This could be representative from criminal custody, school, child protection service, health and care service, or others with ties to the convictions, the intended, offended or to the cause.
Upon the completion of juvenile punishment, the convicted of the courts, as well as the representative of the criminal custody and the police be present in the youth summit. The victim and the victim's guardians have the right to be present. The same applies to the defender and bistand attorney appointed after sentencing process law Section 100 other clauses and Section 107 a first clause of letter d.
Upon the completion of youth follow-up, the convicted or the accused and dennes guardians shall be present in the youth summit. The victim and the victim's guardians have the right to be present. Represent from the police shall participate if the conflict thread finds it appropriate.
If the courts or the sight of the guardians cannot or will be present, the youth coordinator should consider whether temporary guardian shall be appointed after the vergemtarget of regulations.
The youth summit can be split up in several meetings if this is appropriate.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The Youth Meeting is going to design a youth plan. The plan is to be approved by the youth coordinator, the convicted or the intended and domed or sight of the guardians of the youth. The plan could be among other things to go out that the sentencing or the accused should
| a) | non-financial compensation to the person inflicted on an injury, a loss or another infringement |
| b) | participate in criminality preventive programs or other corresponding measures |
| c) | perform civic duty tasks |
| d) | compliance with the provisions of whereabouts, work or training |
| e) | meeting of the police or criminal custody |
| f) | refrain from using alcohol and other intoxicating or sedation funds and provide necessary rustests after health labor law Section 12 third clause |
| g) | compliance with regulations on the present |
| h) | avoid contact with specific people |
At juvenile court, the plan also may go out that sentencing should be allowed to remain in institution or review other treatment.
The youth coordinator has the responsibility for the youth plan to be carried out.
In cases where there is idsore juvenile punishment after the Criminal Code Section 52 a to 52 c or youth follow-up as conditions for conditional sentence Section 37 first clause letter j, the case is sent back to the court if it did not be achieved on an agreement youth plan. The court decision determines whether or not the entire or parts of the conditional prison sentence shall be fulfilled.
In cases where youth follow-up is set as conditions for the plea of the sentencing of the sentencing process Act Section 69 third clause, jf. The penal code Section 37 first clause letter j, or where the case has been transferred after sentencing process law Section 71 a second clause, the case is sent back to the prosecution if it did not be achieved agreement on a youth plan. The prosecution determines whether the straffront following is to be reopened.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The follow-up team is in charge of conducting the measures stipulted in the youth plan. The follow-up team is led by the youth coordinator and consists otherwise of the convicted or unintended, domed or sight guardians and others who have tasks in connection with the completion of the youth plan. The youth coordinator can also request the others with ties to the conviction, the intended or the case of participating.
At juvenile court, officials from criminal custody and police are mandatory participants in the follow-up team.
The dome or the accused shall during the youth summit, in meeting with the follow-up team and in other meetings or agreements set forth by the youth plan
| a) | meeting of the set time and place |
| b) | be uninfluenced by alcohol or other intoxicating or tranquidation |
The doshed or the accused shall not
| a) | show a behavior that can threaten the safety of people who participate during the review or influence the environment in negative way |
| b) | commit new penalties actions in the pre-season |
| c) | -keeping abroad in the pre-season period of smaller youth coordinator gives permission. |
If it appears as necessary to counter a new criminal act aimed at someone's life, health or freedom, the youth coordinator at any point during the time of the per-time ban ban the conviction or the intended use of alcohol or other intoxicating or sedation funds.
The youth coordinator is supposed to repit the ban when it no longer appears as necessary.
If that in the youth plan is set terms by Section 25 letter f, or the youth coordinator has banned the sentencing or intended use of alcohol or other intoxicating or tranquiditive funds after Section 28, the youth coordinator should examine whether the arbitrary year or The ban is being honored. The survey could involve unreported visits to the home. Once the threat is placed, the youth coordinator can impose the convictions or intended to provide urine sample, discharge test or blood test or co-work of other examination that can happen without danger or particularly discomfort. The provisions of the Criminal Code Section 37 first clause letter d jf. The third clause applies to the equivalent in which the threat is to be issued.
Is there reason to assume that the convicted or intended encounters affected by alcohol or other intoxicating or sedation funds, the youth coordinator should immediately examine the relationship. The conviction or the accused can be placed to provide urine sample, discharge sample or blood test or to co-appear to any other examination that may happen without danger or particularly discomfort. The provisions of the Criminal Code Section 37 first clause letter d jf. The third clause applies to the equivalent in which the threat is to be issued.
Tilroof that is part of examination after the first clause's first period of second option or after other clause is not part of the youth plan.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The Youth Coordinator can delay the completion of the juvenile penalty or youth follow-up if the domed or sight-led health condition dictates it or that of the otherwise present particularly heavy-weighing reasons that make it particularly difficult to conduct the reaction. At youth punishment, the youth coordinator shall be when it appears as necessary for the cancellation to be security-wise and after consent from the mandatory participants of the youth summit and follow-up team, determining such terms as mentioned in Section 31 other joints.
If convicted intentional or negligent regulations granted in or in co-hold of Section 25 first and second clause, Section 27 or Section 28 first joints, the youth coordinator can impose sentencing to call to counter new breaches. During the call, the sentencing shall be made known with the consequences of repeated violations.
If it appears as necessary to counter new breaches, the youth coordinator, after the consent of the mandatory participants of the youth summit and the follow-up team, determine terms that the sentencing shall
| a) | compliance with the provisions of whereabouts, |
| b) | avoidance to have contact with specific people, |
| c) | neglected to use alcohol or other intoxicating or sedation funds, or |
| d) | meeting of the police or criminal custody. |
If convicted after the youth coordinator has been holding talks as mentioned in the first clause or set terms after other clause, again breaks the requirements or terms determined by other clause a to d, the youth coordinator, after consent from The police and criminal custody, calling for a new youth meeting, or transfer the case to the criminal justice regional level with attitude that the matter is brought in to the court with the petition that the conditional prison sentence shall be fulfilled entirely or partly in the co-hold of the Criminal Code Section 52 c. When the youth coordinator has transferred the case to the criminal justice regional level with attitude to bring the case in for the court, the review of the penalty from the time of the petition has been oversubmitted the court.
If the conviction fails to meet to break conversation after the first clause, the youth coordinator may be able to disrupt the execution of the penalty. The same applies to where the sentencing, after the break-up call has been implemented, again violates the requirements.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The term the conviction of a new criminal act before the pre-run time expires, the prosecution could bring the case in for the court with the petition that the conditional prison sentence shall be completely completed or partly after the Criminal Code Section 52 c first clause letter b. The youth coordinator can, after the consent of the police and criminal custody, requesters the prosecution to bring the case in for the court. When the prosecution decides to bring the case in for the court, the review of the penalty from the time of the petition has been oversubmitted the court.
If the conviction is charged with a criminal act that could lead to consummation of the conditional prison sentence after the Criminal Code Section 52 c first clause letter b, the prosecution could end the completion of the juvenile penalty.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
If the intended or convicted intentional or negligent violates regulations granted in or in co-hold of Section 25 first joints, Section 27 or Section 28 first joints, the youth coordinator could impose the intended or domorator to meet to counter new breaches. During the call, the intended or sentencing shall be made known with the consequences of repeated violations.
If it appears as necessary to counter new breaches, the youth coordinator, after the consent of the accused or convictions and dennes guardians, determining conditions that the sentencing shall
| a) | compliance with the provisions of whereabouts |
| b) | unlazy to have contact with specific people |
| c) | neglected to use alcohol or other intoxicating or sedation funds, or |
| d) | meeting of the police or criminal custody |
If the intended or sentencing, after the youth coordinator has held talks as mentioned in the first clause or set terms after other clause, rebreaks the requirements or terms determined by other clause a to d, the youth coordinator may call of a new youth meeting. The youth coordinator can instead transfer the case to the prosecution. The prosecution is considering whether the traffic persecution should be resumed or whether the case should be brought in for the court for determining new terms or consummation of the penalty, jf. The penal code Section 39. The review of the reaction is canceled from the point the prosecution decides that the straflation resumes or from the time of the motion has been oversubmitted the court.
If the intended or domorator fails to meet to break conversation after the first clause, the youth coordinator may be able to disrupt the review of the reaction. The same applies to where the intended or sentencing, after the break call has been implemented, again violates the requirements.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The term the defendant or sentencing a new criminal act before the pre-run time expires, the prosecution determines whether the strait of the trial shall be resumed or whether the case should be brought in for the court for determining new terms or consummation of the penalty, jf. The penal code Section 39. The review of the reaction is canceled from the point the prosecution decides that the straflation resumes or from the time of the motion has been oversubmitted the court.
If the intended or sentencing is charged with a criminal act that may cause the prosecution to resume the strait or bring the case in for the court after the first clause, the prosecution may be able to stop the completion of The youth follow up is cancelled.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The Ministry can provide regulation with filler regulations on the completion of youth meeting and handling violations.
The reaction follow-up in the conflict thread consists of the completion of a meeting in the conflict threaded, the work of an individually tailored plan and follow-up of the plan. The plan designs in the meeting and shall be approved by the conflict of the conflict and the intended or sentencing. The conflict in charge of the plan is being carried out.
If the intended or sentencing would be intentional or negligent conditions stipulled in the plan, general cuts after Section 27 or rest conditions stipulled in the co-laws of the Act here, apply to the rules of handling in Section 33 equivalent as far as they fit.
The rules of Section 27, 30 first period and 34 apply to the equivalent of as far as they fit.
The Ministry can provide regulation with regulations on the content of and the completion of the reaction of the conflict, hereunder further provisions of meetings in the conflict threaded, the design of and the content of a plan, follow-up responsibility, ban on use rustics, rutics and handling of fractures. The provisions should not be more invasive to the intended or sentencing than the following of Chapter IV.
The law applies from the time the King decides. 1
From the time the law takes effect, repeating law 15. March 1991 No. 1 3 about mediation in conflict thread.
The king can give closer transition rules.
| 1 | From 1 July 2014 ifg. res. 20 June 2014 # 795. |
From the time the law takes effect, the following changes are made in other laws :---
Part Article