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3. The Court of assize (lagmandsretten) which is composed of
the court properly so called (a president called lagmand and two
other judges chosen from among the magistrates of the judicial
district and doing duty by rotation), and the jurymen. There are
five presidents of the courts of assize in the whole kingdom, which,
in this respect, is divided into seventeen districts (lagsogn). The
jurymen are ten in number. They are selected for each session
from among the ratepayers of the lagsogn by the drawing of lots.
26 are drawn, besides two substitutes. If disqualified persons should
be found among them, they are excluded; the parties and the
prosecution can then use their right of challenge.
4. The Court of sessions (meddomsretten) which is composed
of the ordinary judge of first instance as president with two
assistant judges chosen from among the ratepayers, and who take part
with the president in the decision of the matter.
5. Forhørsretten which corresponds to the French tribunal
d’instruction and is held before a judge of first instance. He can
pronounce immediate sentence, if the accused has pleaded guilty,
— unless the case legally is one for the court of assize.
The courts of sessions are competent in the cases that belong
neither to the court of assize nor to the forhørsret.
The courts of assize have jurisdiction over crimes punishable
by more than three years of penal servitude. The law fixes the
degrees of punishment among which the choice lies; if the
punishment is regularly penal servitude or removal from a public office,
the case must be carried before the court of assize. When the
accused pleads guilty, the judge of the forhørsret can, however,
reserve the case for himself, if the punishment does not exceed
9 years of penal servitude. In practice, especially when the severest
punishments are applicable, this judge does not make use of his
competence, and sends the case to a jury.
All decisions of the courts of sessions and of the forhørsrets
may be carried on appeal before the court of assize.
If a question arises concerning the form of the procedure or
the punishment allotted, it can be appealed to the Supreme Court;
the records of the case must then be laid before the Committee
of Complaints of the Supreme Court. In certain cases this
committee may pronounce immediate judgment on appeal.
At all the criminal courts, except the Committee of
Complaints the procedure is oral.
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