Insanity Defense in Criminal Law in Norway

https://doi.org/10.5281/zenodo.17289867

Abstract

The objective of this study is to analyze the law governing the defense of insanity in Norway. The doctrinal legal analysis research method was used to study the law on the defense of insanity in Norway. Norway recognizes the defense of insanity in section 20 of the Penal Code of Norway (2005). Norway follows the medical model of insanity defense, which requires no proof of a causal link between the abnormal mental condition of an offender and the crime committed for the establishment of legal insanity of an offender; rather, the defense of insanity in Norway is based on the presence of the mental disorder in the offender. To determine the legal insanity of an offender, the mental health evaluation by the mental health professionals is mandatory in Norway, but ultimately it is at the discretion of the courts to decide on the legal insanity of an offender. This study has implications for legislatures and legal and mental health professionals in Norway.

Keyword: Crime, Insanity, Legal, Mental, Norway