You hear that question time and time once more in political debates in the area of criminal law.
A prerequisite for a correct answer, however, requires a clarification of the question to a:helps with what ?”
Because, in my opinion, there is no doubt that Egon Olsen has not become a better person or, for that matter, less of a criminal from yet another prison stay together with other “creative” souls. So the “special preventive” effect is certainly questionable.
When we punish, on the other hand, it is mainly for three reasons: partly as a warning to others who might think of committing similar crimes, partly out of consideration for the victim, who may be entitled to a certain reaction (“revenge”) from society, and finally society’s wish that the criminal be kept out of society for a longer period.
However, if it is minor crime and first-time offenders, we as a society try alternative punishments, including suspended sentences, community service, anklets, etc.
So far so good.
The problem is just that jurisprudence today within a certain area, namely serious violence and ill-treatment (Sections 245 and 246 of the Criminal Code) have moved far away from people’s awareness of the law.
A general review of practice in the area shows, in my view, a slide. Who – parliament, courts or social norms – who may be to blame for such a slide, is to that extent subordinate to me.
The following judgments are a random selection of the current case law, whereby it is noted that with effect from 1.4.2018 the Norwegian Parliament actually increased the punishment for serious violence and mistreatment by a third.
If one then thinks that the increase has been expressed in the sentences imposed, the reader must decide for himself:
The court in Nykøbing Falster, judgment of 13.5.2024. Cohabiting couple convicted of violence resulting in death to a 7-week-old infant, 5 skull fractures, 14 rib fractures, all committed over a long period. Penalty 10 years imprisonment. Actually sentenced to 4 years imprisonment.
Eastern High Court judgment of 11.1.2023. 6-week-old infant subjected to severe violence and abuse. Blows to the head and body, crushing of the chest and abdomen, concussive violence/hard-handed treatment with fracture of 5-10 ribs, fracture of the left forearm bone, tearing of the joint capsule in the right femur and left forearm, blood pooling under the dura mater, subcutaneous hemorrhages in the forehead, lower back and the belly. Penalty (maltreatment in repeated cases – here the 3rd time) 15 years in prison. Actually sentenced for this crime 4 years and 5 months.
The court in Aalborg, judgment of 16.2.2024. Co-habitants pull out a woman’s hair, drag her across the floor, punch and kick her in the face, spit on and bite her, all with injuries to her teeth, nose, eye sockets, etc. Penalty 6 years imprisonment. Actually sentenced to 1 year imprisonment.
The court in Hjørring, judgment of 8.5.2024. 3 men assault a person in an apartment, give him several blows to the body and head with a pair of parrot pliers, as well as several kicks, resulting in injuries requiring treatment. Threat of cutting off a finger. Penalty 6 years imprisonment. Actual sentences imposed on the three men: 6, 6 and 4 months in prison.
The court in Nykøbing Falster, judgment of 29.1.2020. The victim was knocked unconscious, following which the hands were tied with strips. The perpetrator douses the victim in gasoline and sets it on fire. 18 days in a coma, 3 months in hospital, several operations etc. moving skin, morphine every day, fingers can’t be used, ears cut off in hospital as they mightn’t be saved, night nightmares, etc. Punishment 10 years in prison. Sentenced to 5 years and 6 months imprisonment for this crime.
The court in Aalborg, judgment of 8.6.2023. 4 people capture the victim by prior agreement, in association and in common understanding. They knock him to the ground, restrain him and over 4 minutes him – according to recorded video – several hard blows to the head and body, partly with the blunt end of a hand axe, partly with a baseball bat. Penalty 6 years imprisonment. Penalty imposed or 5, 5, 5 and 4 months imprisonment.
One asks oneself, what kind of violence really needs to be perpetrated in order for us to just get above 50% of the prescribed punishment framework?
Neither the Liberals nor the government will simply accept these results – which are certainly in accordance with current case law and legislation – anymore.
We will therefore present this autumn a penal reform of a scale not seen since the Second World War and with significant and drastic increases in penalties for crimes dangerous to persons, including, not least, serious violence and abuse.
And why hasn’t the government acted earlier?
Yes, it is undeniably a relevant question. The answer is that such a significant increase in penalties of the nature that the government will propose will naturally require a large number of additional prison places. Therefore, over the past year, the government has worked to provide the necessary places, i.a. by renting the prison in Kosovo, where primarily deportation convicts have to serve their sentences, by building a new prison, renovating existing facilities and several other measures.
It should be no secret that especially the punishment for serious violence and abuse has been a thorn in the side of both me and the Liberal Party over recent years, and therefore we are looking forward to having a much, much higher level of punishment adopted for the crimes which usually leaves the victims with both physical and psychological damage for many years.
Yes, mostly for the rest of your life.
2024-07-17 10:37:26
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