Norway's Criminal Code is the country’s general criminal statute. It establishes the basic rules on criminal liability, penalties and specific offences, including offences that may arise in connection with food safety, public health and environmental protection. An important feature is the system of corporate criminal liability. Where an offence is committed by someone acting on behalf of an enterprise, the enterprise itself may be punished even if no individual offender is shown to have acted culpably. Enterprises include companies, cooperatives, associations, sole proprietorships, foundations and public bodies. Possible sanctions include fines, loss of the right to carry out certain activities and confiscation. In deciding whether to impose corporate liability, courts may consider the seriousness of the offence, whether it could have been prevented through appropriate internal controls, whether it was committed in the interests of the enterprise and whether the enterprise obtained, or could have obtained, an advantage from it. The Code contains a dedicated chapter on the protection of public health and the external environment, which includes several provisions directly concerning food and other products intended for general use. Section 238 criminalises the spreading of infectious agents or infectious products through air, water, foodstuffs or other objects intended for general use or sale where this creates a general danger to life or health. The offence may be punished by imprisonment for up to 15 years, while negligent conduct may be punished by up to six years. Section 239 similarly criminalises adding poison or substances with comparable effects to foodstuffs or other goods intended for general use or sale, as well as distributing such goods in a way that creates a general danger to life or health. This offence is also punishable by up to 15 years’ imprisonment, with lower penalties for negligent conduct. The Code also provides strong criminal sanctions for serious environmental harm. Under section 240, intentional or grossly negligent pollution of air, water or soil may be punished by up to 15 years’ imprisonment where it significantly damages, or threatens significant damage to, the living environment of an area. The same provision covers the storage, abandonment or discharge of waste or other substances where this creates an imminent risk of such harm. It also protects biodiversity and protected areas by criminalising conduct that significantly reduces populations of protected species threatened with extinction or causes significant damage to legally protected areas. Section 241 further makes it an offence to enter into an agreement to commit certain serious public-health or environmental offences, including widespread infection, poisoning and serious environmental crime.
Норвегия · 2005-05-20