The Standing Committee on Justice is reviewing a government proposal to introduce civil forfeiture—a new mechanism allowing the state to seize assets likely derived from crime without requiring a criminal conviction. The Justice and Public Safety Ministry argues the measure will improve recovery of criminal proceeds and deter offenders from profiting. The committee recommends passage. MPs from the Progress Party, Conservative Party, Centre Party, and Christian Democratic Party have tabled amendments calling for evaluation and further study of reversed burden of proof; Conservative and Christian Democratic MPs propose establishing forfeiture teams in all police districts; and Progress Party MPs propose a distribution formula for seized criminal assets.
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These are the proposals in the document, not decisions. See the votes for the outcome.
Section 68, first subsection, is repealed. Current subsections two through five become subsections one through four.
Subsection three shall read: Extended forfeiture may be imposed without identifying the specific criminal offense from which the assets derive. One, several, or all of an offender's assets may be forfeited if the offender fails to demonstrate they were acquired lawfully. In lieu of forfeiting the asset itself, the state may forfeit all or part of its value. In value forfeiture, the asset may be secured as collateral for the forfeiture amount.
New section 68 a shall read: Section 68 a Civil forfeiture. Assets that most likely derive from criminal activity may be forfeited without proof of a specific offense (civil forfeiture). Civil forfeiture shall not be imposed to the extent it would be disproportionate given the consequences for the asset owner, affected third parties, and other circumstances. If forfeiture would be disproportionate or other special grounds apply, the state may forfeit all or part of the asset's value instead. In value forfeiture, the asset may be secured as collateral for the forfeiture amount. Civil forfeiture applies to assets located in Norway. Forfeiture may also apply to assets outside Norway if the case has sufficient connection to Norwegian territory. These provisions apply regardless of when the asset was acquired.
Section 72, first subsection, shall read: If proceeds as defined in section 67, or property as defined in section 69, are transferred after the offense by someone subject to forfeiture, the transferred property or its value may be forfeited from the recipient if the transfer occurred as a gift or the recipient most likely understood or should have understood the connection between the transferred property and a criminal offense.
Section 73, first subsection, paragraphs b, c, and new paragraph d, shall read: b. in whose name the offender acted, c. who, when the right was secured by other means than attachment, arrest, or statutory lien, understood or should have understood that the property would be used in a criminal offense, or d. who, when the right was secured by other means than attachment, arrest, or statutory lien, most likely understood or should have understood that the property could be forfeited.
Section 92, new third sentence, shall read: For civil forfeiture under section 68 a, no statute of limitations applies.
Section 100, second subsection, shall read: A case concerning forfeiture of proceeds, including forfeiture under sections 68 and 72, subsection two, may be brought even if the offender is deceased. Otherwise, forfeiture liability ceases upon the offender's death. Current subsection two becomes new subsection three and shall read: Imposed forfeiture of proceeds may be executed after the offender's death if decided by court order from the court that tried the case at first instance, or the district court having jurisdiction under the Criminal Procedure Act section 12 when forfeiture is imposed by summary penalty. The court may order forfeiture of a sum instead of property.
Parliament requests the government develop a plan to increase the number of prosecutors and report back to Parliament in the proposed state budget for 2027.
Parliament requests the government conduct a follow-up evaluation of the implementation of the new civil forfeiture rules. The evaluation shall examine what effect the legislative change has on the volume of seized assets derived from crime and the extent to which the new forfeiture rules prove effective in targeting criminal networks and masterminds.
Parliament requests the government, in parallel with evaluating the new civil forfeiture rules, study measures to increase forfeiture of criminal proceeds, including a proposal for civil forfeiture with reversed burden of proof within the bounds of the Constitution and Norway's international obligations, and present a legislative proposal by the end of 2028.
Parliament requests the government study and present the necessary legislative amendments to establish a fixed distribution formula for dividing seized criminal proceeds.
Parliament requests the government ensure forfeiture teams are established in all police districts and report back to Parliament in the proposed state budget for 2027.