Excerpts from the General Penal Code, No. 19/1940, with subsequent amendments, Act on Criminal Responsibility of Legal Persons, No. 144/1998, and Code of Criminal Procedure, No. 19/1991

1)Act No. 72/1993, Section 1.

A person can not be subjected to penalties unless found guilty of an act declared punishable by law, or totally analogous to such act.
[Sanctions can only be imposed in accordance with Chapter VII of this Act if provided for in the sources referred to in the first paragraph.]1)
1)Act No. 31/1961, Section 1.

If a criminal statute has been amended from the time an act is committed until a judgment is rendered, the judgment shall be based on the amended statute, both as regards the criminality of the act and the penalty imposed. A penalty may however never be imposed unless provided for by law at the time of commission, and can not be ordered heavier than it would have been under that law. If a criminal provision has fallen out of effect for reasons unrelated to a change in the legislator's assessment of the criminality of an act, the judgment shall be based on the law in effect at the time of commission.
If an act ceases to be punishable for reasons other than those stated above, the penalty ordered as a result of the act shall be cancelled to the extent it has not already been enforced. Any other results of an act's criminality under the older law shall also be cancelled, except an order to pay legal costs. In such a case the question whether the penalty ordered shall be cancelled, or reduced if the judgment has also been rendered with respect to other offences, may be referred to the court that rendered the judgment in the lower instance, or a court in the home venue of the offender. Appeal can be lodged against the conclusion of the lower court.

Sanctions provided for on account of offences according to Chapter VII of this Act can not be ordered unless provided for in the sources referred to in Section 1 at the time of commission, and the principles provided for in Section 2 shall be observed when determining those sanctions.]1)
1)Act No. 31/1961, Section 2.

When criminal legislation provides for increased penalties or other sanctions on account of a repeated offence, the penalty determined in accordance with older legislation shall have such effect as provided for there, as if it had been imposed in accordance with the newer legislation.

Penalties shall be imposed in accordance with Icelandic criminal law on account of the following offences:

Penalties shall be imposed in accordance with Icelandic criminal law on account of offences committed by Icelandic nationals and residents of Iceland:

The provisions of the first paragraph may be applied to an act committed by a Danish, Finnish, Norwegian or Swedish national or resident who stays in Iceland.

Penalties shall also be imposed in accordance with Icelandic criminal law on account of the following offences, even if they have been committed outside Icelandic territory and irrespective of the offender's identity:

1. Offences against the independence of the Republic of Iceland, its security, constitution or public authorities; offences committed in violation of duty to the Republic of Iceland in official or officially licensed capacity, and offences against interests protected by Icelandic law on account of their close relationship to the Republic of Iceland.
2. Offences in contravention of a duty on the part of the perpetrator to be performed abroad according to Icelandic law, and offences in contravention of a duty of employment on board an Icelandic ship or aircraft.
3. Offences against the interests of Icelandic citizens or persons resident in Iceland, if committed outside the criminal jurisdiction of other states under international law. ?1)
[4. For violations of the second, third and fourth paragraphs of Section 165, and for homicide, physical assault, deprivation of liberty and other acts of violence committed in connection with violations of these provisions, and for conduct to which the international Convention of 23 September 1971 for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation and a Protocol thereto of 24 February 1988 applies. Legal action under this subparagraph shall however only be taken if ordered by the Minister of Justice.]1)
[5. For acts to which the Convention of 14 December 1973 on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, applies.]3)
[6. For acts to which Article 1 of the European Convention of 27 January 1977 on the Suppression of Terrorism applies. Legal action under this subparagraph shall however only be taken if ordered by the Minister of Justice.]4)
[7. For acts to which the International Convention of 18 December 1979 against the Taking of Hostages applies.]5) Legal action under this subparagraph shall however only be taken if ordered by the Ministry of Justice.]6)
[8. For perjury before the Court of the EFTA States, provided the Court has requested criminal prosecution.]7)
[9. For acts to which the Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment applies. Legal action under this subparagraph shall however only be taken if ordered by the Minister of Justice.]8)
10. For conduct described in the Convention of 21 November 1997 on Combating
Bribery of Foreign Public Officials in International Business Transactions. 9)
[11. For acts to which the Comprehensive Nuclear-Test-Ban Treaty of 10 September 1996 applies.]10)
[12. For acts to which the Convention on the Safety of the United Nations and Associated Personnel of 9 December 1994 applies.]11)
1)Act No. 72/1993, Section 2. 2)Act No. 16/1990, Section 1. 3)Act No. 24/1976, Section 1. 4)Act No. 52/1980, Section 1. 5)Act No. 72/1993, Section 3. 6)Act No. 69/1981, Section 1. 7)Act No. 133/1993, Section 3. 8)Act No. 142/1995, Section 1. 9)Act No. 147/1998, Section 1. 10)Act No. 25/2001, Section 6. 11)Act No. 44/2001, Section 1.

If the penalty to be ordered is, by law, to some extent contingent upon the consequences of an act, the act shall be deemed also to have been committed at the place where the consequences occur or are intended to occur.

When criminal action is brought before an Icelandic court, the penalty to be imposed and any other consequences of the offence shall be determined in accordance with Icelandic law.
The penalty imposed on account of an offence subject to prosecution according to Section 5 shall not exceed the maximum provided for by the law of the offender's home state, cf. subparagraph 1, or by the law of the state of commission, cf. subparagraph 2.

A person who has been sentenced in the state where his offence was committed, cf. Section 5, the first paragraph, subparagraph 2, or in a state party to the European Convention on the International Validity of Criminal Judgements of 28 May 1970 [or the international agreements applying to the Schengen co-operation]1) shall not be indicted or sentenced in Iceland, or any sentence enforced against such person on account of the offence in respect of which judgment was rendered in that state, if
1. the person was acquitted;
2. the sanctions ordered have already been enforced, they are being enforced, they have been cancelled or abandoned in accordance with the law of the state where the judgment was rendered;
3. the person has been found guilty without a penalty or other sanction having been ordered.
The provisions of the first paragraph shall not apply to offences to which the provisions of Section 4 or the first paragraph of Section 6 apply, except if criminal action has been initiated in the other state upon the request of Icelandic authorities. 2)
1)Act No. 15/2000, Section 1. 2)Act No. 721993, Section 5.

If criminal action is brought in Iceland on account of an offence for which a person has already been subjected to sanctions in another state, the sanctions determined in Iceland shall be correspondingly reduced or, as applicable, cancelled, to the extent the sanctions may already have been enforced abroad.1)
1)Act No. 72/1993, Section 6.

1)Act No. 15/2000, Section 1
.

If the Republic of Iceland has obtained the extradition of a person from another state in the purpose of imposing a penalty, that person can only be sentenced for the offences committed prior to extradition on account of which the extradition takes place, if the foreign state has imposed such condition, and the penalty can not be ordered heavier than allowed when taking into account the conditions set by the foreign state.

The provisions of Sections 4 to 6 of this Act ? 1) shall be applied taking into account the limitations leading from international law.
1)Act No. 42/1985, Section 1.

Any act committed in self-defence shall not be punishable, to the extent the act was necessary in defence against an unlawful attack already commenced or imminent, or in order to avert such attack, provided the means of defence employed are not obviously more dangerous than warranted by the attack and the damage to be expected in its consequence.
A person who has exceeded the limits of lawful self-defence as a result of having been so frightened or startled that he or she could not exercise full restraint, shall not be punished.

Any act necessarily performed in the purpose of protecting lawful interests against imminent danger shall not be punishable, even if damage has resulted to interests deemed of significantly less importance.

A person shall not be punished on account of an act committed before he or she attained the age of 15 years.

A person who was, at the time an act was committed, totally unable to control his actions on account of mental disease, retardation or deterioration, or on account of impaired consciousness or other similar condition, shall not be punished.

A mentally deranged person, such as on account of retardation, deterioration, sexual abnormality or other aberrance, without this condition being as serious as defined in Section 15, shall be punished if punishment is, under the circumstances and after medical opinion has been obtained, deemed likely to have effect.
If an institution for such persons comes into being, a criminal judgment may provide that the offender may serve his [sentence] 1) there.
1)Act No. 82/1998, Section 1.

A penalty shall be ordered in case of an offence committed under the influence of alcohol or other drugs. A penalty shall however not be ordered if the offender was completely unconscious, unless he or she knew in advance, or had full reason to expect, that the offence would be committed under such influence or that the offence would follow from this condition.

A person shall only be made criminally responsible under this Act if his offence was intentionally or negligently committed. A penalty shall not be ordered on account of a negligently committed offence unless expressly provided for in the Act.

If the criminality of an act, or an increased penalty on account of an offence, is, in this Act, made subject to the condition that certain consequences result from its commission, that condition shall not be deemed fulfilled unless the consequences are at least ascribed to the defendant's negligence or deemed to have resulted from the defendant's failure to avert as possible the danger caused by the act, immediately when the defendant became aware of it.

A legal person may be ordered to pay a fine if this is provided for by statute.
. 1)Act No. 140/1998, Section 1.

Statute provisions on the criminal liability of legal persons shall, subject to any limitations provided for there, apply to any entity who while not being a natural person is capable of enjoying rights and bearing duties under Icelandic law, including joint stock companies, private limited liability companies, companies with mixed liability of owners, European Interest Groupings, partnership companies, co-operative societies, associations, independent foundations, administrative authorities, institutions and municipal authorities.
1)Act No. 140/1998, Section 1.

Subject to other provisions in law, a legal person can only be made criminally liable if its officer, employee or other natural person acting on its behalf committed a criminal and unlawful act in the course of its business. Penalties may be imposed even if the identity of that person has not been established. Administrative authorities can only be made criminally liable if an unlawful and criminal act has been committed in the course of an operation deemed comparable to the operations of private entities.
1)Act No. 140/1998, Section 1

Any person who has resolved to commit an act punishable under this Code, and has clearly demonstrated this resolve by an act forming a part of its commission or designed as such, is, if the offence has not been completed, guilty of an attempted offence.
For an attempted offence, a lower penalty may be ordered than for a completed offence. This shall, in particular, be done in cases where the attempt indicates that the offender is less dangerous and his resolution not as firm as that of persons who complete such offences.
If the attempt could not have led to a completion of the offence because of the interests threatened or the act itself, a penalty may be cancelled.

Punishment shall not be ordered on account of an attempted offence if the offender of his own accord abandons his intention to commit the offence before it has been completed, provided the commission of the offence has not been thwarted or an impediment or other fortuitous occurrence has prevented the offender's design from being achieved, and the offender has, in addition, if he has by the act caused or expected a danger of completion, actively prevented its completion or taken measures that would have prevented it, if completion had not been thwarted for other reasons without his knowledge or proved impossible.

Any person who in word or deed provides aid in the commission of a punishable act defined in this Code, or takes, by persuasion, exhortation or otherwise, a part in committing such act, shall be punished as provided for in the provision applying to the offence
If the role of a participant in the commission of an offence is of minor nature, or if it involves the strengthening of another person's resolve already formed, if the offence has not been completed, or if the planned participation has failed, a penalty may be ordered that is lower than prescribed in the applicable provision.
In a situation defined in the second paragraph, and when a person has become a participant in the commission of an offence by negligence, the penalty may be cancelled if the act comes under a criminal provision providing for a penalty [not higher than one year in prison.]1).
If an offence has been completed, anyone who aids the offender or any other person in maintaining an unlawful situation created by the offence, or enjoys any profits created thereby, shall, subject to any other statute provisions that may apply to his act, be punished in accordance with the provisions of this Section.
1)Act No. 82/1998, Section 2.

An accessory to the commission of an offence shall not be subjected to penalties if he or she averts the offence or takes measures that would have prevented the offence if its commission had not been thwarted for other reasons without the accessory's knowledge, failed or proved impossible.

Every punishable act shall be subject to public indictment, unless another arrangement is expressly provided for by law.

If public prosecution authorities shall not initiate litigation on account of an offence, or if such authorities shall only prosecute if a request is made to that effect, only the victim may initiate litigation or make the request.
If a victim is not in possession of legal competence, his guardian according to law shall take the victim's place. If deemed necessary, a guardian ad hoc may be appointed for the purpose.
If a victim is no longer alive, or if an act committed against a deceased person is punishable, the husband or wife of the deceased, his or her parents, children, adopted children, [grandchildren]1) and siblings are entitled to initiate criminal litigation or request public prosecution.
1)Act No. 39/2000, Section 1.

If an act is only punishable if the victim requests public prosecution, official investigation shall not be commenced until the request has been submitted.
If an act has been committed against more than one person a request submitted by one of the victims shall suffice, and if litigation is not to be initiated by a public authority each victim may initiate private criminal litigation.
If two or more persons are entitled, under Section 25, to make a request for public prosecution, but the persons concerned do not agree on whether to make such request, the public prosecution authority shall decide whether to prosecute.

A request for public prosecution shall not be granted if any person who may be jointly responsible for the act is exempted, except if the public prosecution authority grants its approval. If it appears, after a request has been submitted, that more persons are criminally liable than until then has been known, the person making the request shall be asked whether punishment of those persons is also requested.

If punishment shall only ordered upon a request for punishment made in private litigation, criminal liability shall lapse if the victim abandons his or her right to prosecute or abandons a commenced prosecution, or otherwise relinquishes this right prior to adjudication of the case in the lower judicial instance.
? 1)
A person who has revoked a request for prosecution is barred from making that request again, unless approved by the public prosecution authority.
1)Act No. 19/1991, Section 194.

The right to request public prosecution or to initiate private criminal litigation shall lapse if the request is not made or the litigation initiated before 6 months have passed from when the person possessing this right obtained knowledge of the offender. If a victim has died before the expiry of this period a person succeeding the victim can always make a request for prosecution or initiate private criminal litigation during the three months following the victim's death, although the period would else have expired by then. If the offenders are more than one, and the period to request public prosecution against any one of them has expired, a request for public prosecution against the others shall be subject to approval by the public prosecution authority.
If a private litigation has not resulted in adjudication of a request for punishment, a new litigation may be initiated until the period of six months has expired. A request for public prosecution can also be made, or private litigation initiated, during the three months following dismissal of a case.

1)Act No. 19/1991, Section 194.

[The penalties imposed in accordance with this Act shall be imprisonment and fines.
Imprisonment shall be ordered for a certain number of days, months or years. A day shall mean 24 hours, a month shall mean 30 days, and a year shall mean 360 days.] 1)
1)Act No. 82/1998, Section 3.

1)Act No. 82/1998, Section 4.

1)Act No. 48/1988, Section 31.

Imprisonment may be imposed for life, or for a certain period not shorter than 30 days and not longer than 16 years.
Where imprisonment is provided for, this refers to imprisonment for a certain period unless some other arrangement is expressly stipulated.

1)Act No. 48/1988, Section 31.

[When a prisoner has served two thirds of the sentence imposed, the Prison and Probation Administration may decide to release the prisoner on probation.
Release on proportion may however be granted in special situations when one half of a sentence has been served.
Release on probation shall not be granted if this is deemed inadvisable with a view to a prisoner's situation, it being certain that the prisoner has a suitable place of stay, and employment or other circumstances by which the prisoner's support is ensured are available. A declaration shall be obtained from the prisoner to the effect that he is willing to obey the conditions set for release on probation.
A prisoner released on probation shall be handed a document stating the conditions set for the release and the consequences of a failure to meet those conditions.
Release on probation shall not be granted in cases when a part of a sentence is unconditional, and a part conditional. The same shall apply when a prisoner serves a term of imprisonment as an alternative to fine.] 1) 2)
1)Act No. 24/1999, Section 1. 2)Regulations No. 29/1993.

[The period of release on probation shall be up to three years. If the term of imprisonment ordered is longer than three years, the period may be determined for up to five years.
Release on probation shall be granted on the condition that the prisoner does not commit another offence during the period of the release. The condition may furthermore be set that the prisoner accepts supervision and control by the Prison and Probation Administration or another party as the Administration may decide, during a part of the period of release or the entire period. Release on probation may also be made subject to some or all of the conditions provided for in Section 57, the third paragraph. A condition of commitment to an institution can however not be set for a period exceeding the period of the sentence.
The Prison and Probation Administration shall take the decisions referred to in the first and second paragraphs, and can, with a view to changed circumstances, revoke the conditions in part or in whole.] 1) 2)
1)Act No. 24/1999, Section 2. 2)Regulations No. 29/1993.

If a person commits a new offence after release on probation, and a criminal investigation is commenced by police against that person before the probation period has expired, the court adjudicating the case shall impose a penalty for that offence jointly with regard to the sentence not served, in accordance with the provisions of Section 60, assessing a sentence of imprisonment under the old judgment in the same manner as a conditional sentence.
If a person in other respects fails to meet the conditions set, the Prison and Probation Administration may decide to change the conditions and to extend a period of probation and supervision up to its lawful maximum, or decide that the sentenced person shall serve the period remaining of his sentence.
If a decision is not taken to have a sentenced person serve a period remaining of his sentence, cf. the first and second paragraphs, the sentence shall be deemed served in full at the point in time when the person was granted release on probation.
If a decision is taken to have a sentenced person serve a period remaining of his sentence, cf. the second paragraph, a period of release on probation may be granted anew even if the conditions set in Section 40, the first and second paragraphs, are not fulfilled. In such a case the provisions of Section 41 governing the length of the period of release on probation shall apply, with a reduction by the period of release on probation previously enjoyed.
If a person who has served a part of a sentence of imprisonment is conditionally pardoned, this can be done subject to the conditions provided for in the first to fourth paragraphs.] 1) 2)
1)Act No. 24/1999, Section 3. 2)Regulations No. 29/1993.

1)Act No. 48/1988, Section 31.

1)Act No. 82/1988, Section 7.

1)Act No. 48/1988, Section 31.

[Fines shall accrue to the State Treasury, unless some other arrangement is provided for by law.
In cases when a defendant has obtained, for himself or others, a financial advantage by his offence, and when this has been his design, fines can be imposed jointly with the [imprisonment] 1) provided for with regard to the offence. 2)
1)Act No. 82/1998, Section 8. 2)Act No. 101/1976, Section 4.

1)Act No. 39/2000, Section 2.

[[The amount of a fine shall, as applicable, be determined with regard to the offender's income and property, earnings, support obligations, and any other factors affecting his abilities to pay, and the financial gain or savings leading from the offence or aimed at by its commission.] 1)
A penalty alternative to fine shall be imposed without regard to the considerations of the offender's ability to pay as provided for in the first paragraph.2)
1)Act No. 140/1998, Section 2. 2)Act No. 101/1976, Section 6.

A time limit for payment, not exceeding 6 months, shall be provided for in a judgment, settlement or court order imposing a fine.
Commissioners of police shall be in charge of collecting imposed fines. They may allow payment by instalment. [A period for payment longer than one year from when an imposition fine is received for collection shall however not be granted.]1)
If a fine has not been duly paid, the fine or the amount remaining of it shall immediately be collected by distraint, if possible, except if the Commissioner of Police considers that its collection would be significantly detrimental to the situation of the offender or persons dependent on his support. If not, the Commissioner shall file a petition for distraint ?2)
A fine can not be claimed from an offender's estate at death, except if this is expressly permitted by law, nor can a fine be collected from any other person than the offender himself.
[An offender who has been ordered to pay a fine can not claim refund or compensation from any other person on account of its payment.]3)
1)Act No. 57/1997, Section 1. 2)Act No. 19/1991, Section 194. 3)Act No. 140/1998, Section 3.

[A fine not paid it shall be replaced by ?2) imprisonment, unless the act in question was neither intentionally nor negligently committed, in which case an alternative penalty shall not be ordered. [If a fine is imposed upon a legal person, no alternative penalty shall be ordered.] 2)] 3)
1)Act No. 82/1998, Section 9. 2)Act No. 140/1998, Section 4. 3)Act No. 101/1976, Section 7.

[When a fine is imposed the court shall, in a judgment, settlement or court order, determine the alternative period of imprisonment, not shorter than two days and not longer than one year.] 1)
If a fine has been paid in part, the [commissioner of police] 2) in charge of enforcing sentences of fine shall determine a corresponding reduction of the period of alternative penalty, however not below the above minimum, and an amount of fine corresponding to a part of a day shall be served by an entire day.
[ ?1)
[The penalty alternative to fines in the amount of up to ISK 100,000, which have not been imposed in court and which an offender shall pay in accordance with a settlement in writing concluded with a commissioner of police, shall be imprisonment as provided for in the following table:]1)

Fines, ISK Alternative imprisonment
0? 9,999 2 days
10,000? 19,999 4 days
20,000? 29,999 6 days
30,000? 39,999 8 days
40,000? 49,999 10 days
50,000? 59,999 11 days
60,000? 69,999 14 days
70,000? 79,999 16 days
80,000? 89,999 18 days
90,000?100,000 20 days

A settlement concluded with a commissioner of police shall state the legal basis for alternative penalty and the duration of [imprisonment] 1), and the offender's acceptance of the alternative penalty, and any other sanctions, shall be secured.] 3)
1)Act No. 82/1998, Section 10. 2)Act No. 92/1991, Section 23. 3)Act No. 57/1997, Section 2.

[Fines and other duties imposed in a manner not provided for in Section 54 shall be replaced by imprisonment if not paid.
Daily fines shall be replaced by imprisonment if not paid, for the period a magistrate may decide. Any reference of such a decision to the judiciary shall be subject to the provisions of the Enforcement Act governing references to the judiciary of decisions taken by a magistrate during enforcement proceedings.
Imprisonment as an alternative to fines and duties under this Section shall be determined for a period not shorter than two days and not longer than one year. If such a payment has been made in part the period of imprisonment shall be correspondingly reduced, however not below two days. A whole day shall replace payment corresponding to a part of a day.]1)
1)Act No. 82/1998, Section 11.

1)Act No. 22/1955, Section 2.

When a person has confessed to an offence, [a prosecutor]1) may suspend, for a specified period, the issue of an indictment on account of that offence, as follows:
1. On account of offences committed by young persons at the age of fifteen to twenty-one years.
2. When the situation of the offender is such that supervision or any other measures under Section 57, the third paragraph, are considered more likely than a penalty to have effect, provided the offence is not such as to necessitate prosecution with a view to the public interest.
The period of conditional suspension may not be shorter than one year, or longer than five years. Generally this period shall be laid down as two to three years. The [prosecutor]1) shall, in each case, specify the point in time at which the period of suspension commences.
When the issue of indictment is suspended, the conditions provided for in Section 57, the third paragraph, may be set as deemed advisable. The conditions may be altered during the period of suspension, including by an extension of he period, however not longer than five years in total.
[The case against a person may be re-opened if police investigation commences against him as a suspect prior to the end of the period of suspension on account of a new offence committed during the period or before the issue of indictment was suspended, and if he or she fails in a significant respect to heed the conditions set.]2)
When [a criminal investigator]3) considers that the issue of indictment may be suspended under this Section, he shall refer the matter to the [prosecutor]1) with his recommendations.
If the issue of indictment is suspended under this Section the [prosecutor]1) shall meticulously explain the conditions set to the offender, and clarify for him the consequences of a failure to heed them.]4)

[A judgment may provide that with conditions applicable for a specified period, a decision on the following may be suspended:
a. Determination of penalty.
b. Enforcement of penalty.
The conditional period may not be shorter than one year, or longer than five years. The period generally determined shall be two to three years. The point in time at which the period commences shall be laid down by judgment in each case.
Suspension shall be made subject to the condition that the offender does not commit a new offence during the period of the suspension, cf. Section 60. Suspension may furthermore be made subject to the following conditions:
1. That the person in question accepts the supervision of particular persons, or a particular association or institution. A person shall generally be subject to such supervision if conditions are set for him in accordance with the provisions of subparagraphs 2 to 5 below.
2. That the person obeys the instructions of the supervisor as regards place of stay, education, employment, interrelation with other persons, and use of leisure hours.
3. That the person does not, during the conditional period, use alcohol or drugs of abuse.
4. That the person accepts commitment to an institution for a specified period if deemed necessary, for up to eighteen months if rehabilitation from alcohol or drug use is needed, or for up to one year in other cases.
5. That the person accepts limitations to his right of use of his income or other control of financial matters.
6. That the person makes, as possible, financial compensation for any damage caused by an offence.
?1)
The judge shall meticulously explain to the offender any conditions set, and clarify for him the consequences of a failure to heed them. If a convicted person was not present when a judgment of the lower judicial instance was pronounced, the judge may entrust to police the explanation of any conditions and a clarification of the consequences of a failure to heed them, at the time the judgment is served.]2)]3)
1)Act No. 101/1976, Section 8. 2)Act No. 39/2000, Section 3. 3)Act No. 22/1955, Section 4.

[A judgment may provide that up to three months of a prison sentence shall be served unconditionally, while conditionally suspending the remainder of a sentence.] 1)
A fine may be ordered jointly with a conditionally suspended sentence, even if a fine is not provided for as a result of an offence.]2)
1)Act No. 82/1998, Section 12. 2)Act No. 101/1976, Section 9.

[When the condition of supervision is set, the Prison and Probation Administration shall exercise the supervision, or commit supervision to a different party. The Administration may, on its own accord or upon the request of a convicted person, change any instructions provided in accordance with Section 57, the third paragraph, subparagraphs 2, 5 and 6.
If an offender is subject to the condition of commitment to an institution, cf. Section 57, the second paragraph, subparagraph 4, the Prison and Probation Administration may revoke the condition in whole or in part by reason of changed circumstances, having received the recommendations of a person in charge of an institution, as applicable.]1)
1)Act No. 24/1999, Section 5.

[[If a person fails in any significant respect to heed any conditions imposed or instructions given on accordance with Section 57, the third paragraph, subparagraphs 1-6, the prosecutor may request the court to re-open the case, provided the conditional period is not over when police commences investigation of the failure.]1)
If a person denies having failed to heed any conditions, or maintains that he was unable to heed them by reason of factors outside his power, he may request judicial determination of the matter. A court decision under this paragraph shall be subject to summary appeal upon the request of [the prosecutor]2) or the person in question.
Even if any conditions have been violated the judge may, in a formal decision, decide that the conditional suspension shall remain unaltered, with the conditions modified as applicable, including as regards the duration of the conditional period, provided the maximum period laid down in Section 57, the second paragraph, is observed. [A prosecutor] 2) may lodge a summary appeal against such a decision.
If a penalty has not already been ordered the judge may impose a penalty, either conditionally suspended or unconditional.
If a penalty has already been ordered by judgment the judge shall rule that it shall be enforced, provided a conditional period is not granted under the third paragraph of this Section.3)
1)Act No. 24/1999, Section 6. 2)Act No. 84/1996, Section 12. 3)Act No. 22/1955, Section 6.

[[If police investigation is commenced against a suspect person prior to the end of a conditional period, a court may pronounce an unconditional sentence on account of that offence separately, while leaving the conditional sentence unaltered.]1) This shall chiefly be considered if the new offence has not been committed intentionally, or if the penalty on its account is limited to a fine. If not, the judge shall consider both cases, and pronounce a judgment on account of both offences. The resulting sentence may be conditionally suspended. If a penalty is ordered its determination shall take place under observation of the provisions of Section 77 if the new offence was committed after the judgment of the lower judicial instance was rendered, but under observance of the provisions of Section 77 if the offence was committed prior to that time.]2)
1)Act No. 24/1999, Section 7. 2)Act No. 22/1955, Section 7.

[When a penalty is not ordered or if it is cancelled subject to the provisions of this Chapter, the sentence shall not have repetitive effects.
?1) ] 2)
1)Act No. 17/1962, Section 5. 2)Act No. 22/1955, Section 8.

If a person is acquitted by reference to the provisions of Section 15, or a judge finds, in accordance with the provisions of Section 16, that a penalty would not be effective, a judgment may, if necessary with a view to public security, provide for measures to be taken in order to prevent any danger ensuing from the person in question. If the court finds that moderate measures, such as bail, prohibition against stay in particular places, or deprivation of legal competence will not be successful, it may order the person's commitment to a suitable institution. The Supreme Court shall then appoint for the person a supervisor, who shall control that his stay at the institution will not be longer than necessary. The Minister of Justice may, when a reason is seen to do so, seek the determination of the court of the lower instance with jurisdiction where the institution is located and after medical opinion has been obtained, as to whether the measures in question shall still be deemed necessary. The supervisor may likewise make such request when one year has passed from when the judgment, or the last court decision, was rendered, or at an earlier date, if the Minister of Justice approves a new submission of the matter to the court referred to above. The decision of the court shall be subject to summary appeal as provided for in criminal cases.

If a person's condition as defined in Sections 15 or 16 has become chronic after the commission of a punishable act, but before a final judgment is rendered in his case, the court shall decide whether a penalty shall be ordered or cancelled. If the conditions referred to in Section 62 are deemed to apply, the judgment may provide that the measures referred to there shall be applied instead of a penalty or until enforcement of the penalty is considered possible.

1)Act No. 31/1961, Section 4.

[If deemed apparent with a view to the circumstances of a case and after medical opinion has been obtained, that an offender who has committed an offence under the influence of alcohol can not control his craving, a judgment may provide for his commitment for cure to a suitable institution.]1) The judgment may provide for a stay at the institution for up to 18 months, or up to three years in repeated cases. The Minister of Justice may decide, having obtained the recommendations of the management of the institution and the doctor in question, whether the person can be released from the institution before the maximum period has expired, on the assumption that he has been cured.
1)Act No. 31/1961, Section 5.

If a person intimidates another person or threatens another person with death, arson or other harm, and a penalty can either not be imposed or is not deemed to provide adequate security, the prosecution authorities can, upon the request of the concerned, or without such request if deemed necessary with a view to public security, take the initiative to have a court order issued on measures to prevent the threat from being carried out, which may include bail by the person making the treat, or the placing of that person in custody. A court may cancel such measures if they are no longer deemed needed in view of changed circumstances.
If a prosecution authority so requests, the matter can be referred to a new court decision. The person against whom a court order is directed can, when six months have passed since a judgment or the last court decision was rendered, or at an earlier date with the approval of the prosecution authority, request that the matter be officially referred to a court anew.
Court decisions rendered in accordance with this Section shall be subject to summary appeal as provided for in criminal cases.

If a person has been sentenced to [imprisonment]1) and it is deemed highly likely with a view to the nature of his offence, his mental condition and his previous conduct, that he will commit an offence as a habitual offender or by way of a living, and consequently presents a danger to his environment, the judgment sentencing him, or a later judgment rendered upon request of the prosecution authorities, may provide that security measures as provided for in Section 66 shall be taken when the sentence has been served. Such measures may be discontinued as provided for in Section 66.
1)Act No. 82/1998, Section 13.

[A public official who has committed an offence may, in a criminal litigation against him, be deprived of his right to exercise his public functions if he is no longer deemed worthy or suited.
A person convicted of an offence may, in criminal litigation against him, be deprived of a right he may have acquired to pursue an occupation for which an official license, authorisation, appointment or examination is required, provided the offence indicates that there is significant danger that he will commit an offence in his position or occupation. In case of a grave offence a person can also be deprived of such right if he is no longer considered worthy of pursuing the occupation or exercising the rights.
A person may be deprived of the rights referred to in the second paragraph for a specified period of up to five years, or permanently.
Special provisions in law providing for deprivation of rights referred to in the first and second paragraphs shall remain in effect.
Deprivation of rights shall take effect as from the point in time provided for in a judgment, and, at the latest, from when a final judgment is served.
If an Icelandic national or a person resident in Iceland is deprived of such rights abroad by a judgment rendered on account of a punishable act, the prosecution authorities may initiate criminal litigation against him for deprivation of rights. This shall also apply if a person has been sentenced abroad, even if deprivation of rights has not been ordered. Decision on deprivation of rights in such circumstances shall be taken subject to Icelandic law.]1)
1)Act No. 31/1961, Section 6.

If a person is denied a public office or an official occupational licence as he or she has committed a punishable act, the administrative decision of denial may be referred to the courts in accordance with the rules of criminal procedure. The resolution of the court of the lower instance shall be subject to summary appeal to the Supreme Court.
If a person has been deprived of rights permanently by a judgment in a criminal case, that person may, when five years have passed from when the judgment was rendered, refer to the courts, in accordance with the rules on criminal procedure, the question whether deprivation of rights shall be cancelled. The resolution of the court of the lower instance shall be subject to summary appeal to the Supreme Court. Special provisions in law providing for cancellation of such deprivation shall remain in effect.]1)
1)Act No. 31/1961, Section 7.

Confiscation by judgment is allowed of:
1. Objects created by an offence or used for its commission, except if they are in the ownership of a person not implicated in the offence in any manner.
2. Objects that are deemed to be intended for a criminal purpose, provided this is deemed necessary with regard to pubic security.
3. Objects or proceeds acquired by a criminal offence to which no party has a lawful claim, or a monetary amount corresponding to such proceeds, [or objects purchased for such gain. If full proof of the value of the proceeds can not be adduced, the court may assess the amount thereof.]1)
Subject to statute provisions providing for a different arrangement, the confiscated property shall confer to the State Treasury. A person who has suffered loss by reason of the offence shall however have priority to the proceeds, if compensation can not be obtained by other means.
If an association is dissolved by judgment its property shall be confiscated to the State Treasury, and public authorities shall then take its books and records for safekeeping.
1)Act No. 10/1997, Section 2.

When imposing a penalty, the following factors shall, in particular, be taken into account:
1. The importance of the interests affected.
2. The damage caused by the offence.
3. The danger ensuing from the commission of the offence, in particular when considering the time, place and method of commission.
4. The age of the offender.
5. The recent behaviour of the offender.
6. The strength and degree of the offender's resolve.
7. The motive of the offender.
8. The offender's behaviour following the commission of the offence.
[9. Whether the offender has provided information of the involvement of other persons.]1)
If an offence has been committed by more than one person acting together, this shall generally be viewed as an aggravating factor.
1)Act No. 39/2000, Section 4.

When the law provides for an increased penalty or additional sanctions in case of a repeated offence, such provisions shall not be applied unless the offender has, prior to the commission of the later offence, been found, in Iceland, guilty of, or sentenced on account of, an offence having repetitive effects as regards that offence, or on account of an attempt to commit such offence or as an accomplice in the commission of such offence, and if the offender had, in addition, attained the age of 18 years when the former offence was committed.
The courts may decide that criminal sentences pronounced abroad shall have repetitive effects, as if they had been pronounced in Iceland.
Repetitive effects shall lapse when five years have passed from the enforcement of the former sentence, or from when the former sentence was cancelled or its enforcement abandoned, until the later offence was committed. If the former sentence imposed a fine the period shall however be counted from the date when a final judgment was rendered or a settlement concluded.

If a person commits offences habitually or by way of occupation, whether of particular kind or different offences, the penalty ordered may be increased by an addition of up to one half. If this is repeated the penalty ordered may be doubled.

If a prisoner who is serving a sentence or is kept in custody for other reasons is found guilty of an offence against Sections 106, ?,1) 126, 127, 164, 211, 217, 218, 225, 226, 223 or Section 257, the second paragraph, the penalty ordered may exceed the limits provided for in these provisions, however not beyond double the penalty provided for there. In such cases a penalty lower than [imprisonment]2) shall not be ordered. ?]2)
The provisions of the first sentence of the preceding paragraph may also be applied if a person who has served a prison sentence has committed an offence referred to there against the officers or personnel of the penal institution where he served his sentence or an offence against the institution and its property, or if a person who has served a prison sentence commits a violation of Section 111 in relation to a prisoner serving a sentence in the penal institution where his sentence was served.
If a person who has been sentenced to prison for life and has not been pardoned commits a new offence in the prison or outside the prison, the judgment in his case shall state the penalty that would have been ordered if the former penalty had not been imprisonment for life. Sanctions under Section 47 can also be ordered in such a case, and the period under subparagraph 3 of that Section may be doubled.
1)Act No. 71/1995, Section 1. 2)Act No. 82/1998, Section 14.

The penalty provided for by law in consequence of an offence may be reduced to below the minimum provided for there, in the following circumstances:
1. When a person has exceeded the limits of permissible self-defence or defence of other interests.
2. When an offence has been committed by a person then under 18 years of age, if full penalty is deemed unnecessary or harmful with a view to the offender's youth. The penalty ordered in cases of persons who have not attained this age may never exceed eight years in prison.
3. When the offender, by reason of excusable ignorance or misunderstanding of the law prohibiting an act, believed his act not to constitute an offence.
4. When a person has committed an offence in a mental state of great anger or mental agitation evoked by the victim by unlawful assault or grave insult.
5. If a person relents to the commission of an offence as a result of dependence upon another person.
6. If a person has committed an offence as a consequence of duress, which is not of such nature as to make his act not punishable.
7. If the offender has on his own accord, after the completion of his offence, averted the danger thereby caused.
8. If the offender has of his own accord made full compensation for the damage caused by the act, and when the offender has, on his own accord, endeavoured to prevent the harmful effects of the offence or to make compensation for it as possible.
9. If a person informs of his offence on his own accord, and freely provides an account of all the relevant facts.
In cases referred to in subparagraphs 1-8 above, penalty can be cancelled in full.

If a person has committed an offence in a state of high mental agitation or by reason of other brief mental imbalance, or if his offence is not deemed nearly as serious, by reason of the situation in other respects, as generally in cases of such an offence, the penalty may be reduced and even cancelled, if the penalty on account of that offence does not exceed [one year in prison].1) If the offender's condition is of his own making as a result of the use of alcohol the above provisions shall only be taken into consideration in cases of mitigating circumstances and if the offender has not been previously found guilty of the same or similar offence, or of a violation of Section 123, the first or second paragraphs.
...]2)
1)Act No. 82/1998, Section 15. 2)Act No. 22/1955, Section 9.

If an offender has been imprisoned on remand for a reason not pertaining to his conduct during the proceedings or the investigation of his case, the judgment in his case shall provide that his imprisonment on remand shall be subtracted from his sentence in part or in full.

If it is discovered while a particular criminal case is in progress that the suspect has committed more than one offence, the penalty on account of those offences shall be imposed jointly, taking into account both or all offences, but if the penalty on account of the most serious offence is imprisonment for life, no further penalty shall be imposed on account of the other offences.
The penalty shall generally be ordered within the limits of the criminal provision applying to the offences in question, and if the offences do not come under the same criminal provision, the penalty ordered shall be within the limits of the criminal provision applying to the most serious offence. The penalty may however be increased by an addition of up to one half. Nevertheless the court may, when a person is sentenced simultaneously on account of a grave offence and an offence insignificant by comparison, apply even the lowest penalty provided for on account of the graver offence.
...1)
When a sentence is pronounced on account of two or more offences jointly, with [imprisonment]1) provided for on account of one or some offences and a fine on account of others, the court may impose a fine jointly with [imprisonment.]1)
?.]1)
1)Act No. 82/1998, Section 16.

If a person who has been sentenced on account on one or more offences is found guilty of having committed other offences before the judgment in his case was rendered, an additional penalty shall be imposed corresponding to the increase in penalty that should have been ordered if a judgment relating to all the offences had been rendered in the concluded case. [In such cases imprisonment of a duration shorter than 30 days may be ordered.]1)
?.]2)
1)Act No. 82/1998, Section 17. 2)Act No. 48/1988, Section 31.

[Where the law allows an increased penalty on account of an offence, the limits provided for in Section 34 shall not prevent sentences of imprisonment for a period of up to 20 years.]1)
1)Act No. 82/1998, Section 18.

1)Act No. 20/1981, Section 3.

[Criminal liability shall be time-limited as provided for in Sections 81 and 82. This shall also apply to offences against special criminal statutes, except if a different order is provided for there.1)
1)Act No. 20/1981, Section 4.

[Criminal liability shall lapse as follows:
1. In two years if the prescribed penalty does not exceed one year in prison, or if the penalty deemed suitable does not exceed a fine.
2. In five years if the prescribed penalty does not exceed four years in prison.
3. In ten years, if the prescribed penalty does not exceed ten years in prison.
4. [In fifteen years, if the maximum penalty prescribed exceeds imprisonment for a definite period longer than ten years.]1)
[Criminal liability for offences involving evasion of customs duties, taxes or other charges payable to public authorities, shall however not lapse until at least five years have passed.]1)
If a person is guilty of conduct punishable under more than one criminal provision, the limitation period shall be governed by the provision providing for the heaviest penalty.]2)
[Criminal liability of a legal person shall lapse in five years.]3)
1)Act No. 63/1998, Section 1. 2)Act No. 20/1981, Section 5. 3)Act No. 39/2000, Section 5.

[Time limitation periods shall be counted from the day when an offence was completed or when punishable negligence was discontinued. [Time limitation periods relating to violations against the provisions of Sections 194-202 shall however only begin when the offender attains the age of 14 years.]1)
If the criminality of an act depends partially or totally on a certain consequence following from the act, the limitation period shall not begin until the consequence is manifested. Likewise, if criminal liability depends on the occurrence of a certain event after an act has been carried out, the time limitation period shall only begin when the event has occurred.
If an offence is committed on board an Icelandic ship or aircraft outside Icelandic [territory]1), the time limitation period shall only begin when the ship or aircraft has arrived at an Icelandic port. The period shall however begin, in any case, when one year has elapsed from the commission of the offence.
[A time limitation period shall be severed when a criminal investigator commences investigation against a suspect person. In cases which police is authorised to conclude by settlement, the time limitation period shall be severed when the police accuses a person of an offence and notifies him of an offer of settlement. In other cases where an administrative authority is authorised by law to determine a penalty on account of an offence, the time limitation period shall be severed when the administrative authority accuses the person of an offence. [If a time limitation period is severed with respect to a person representing a legal person, the employee of a legal person or other person working under the auspices of a legal person, the period shall also be severed with respect to the legal person itself. The severance of a time limitation period with respect to a legal person shall not sever any time limitation period with respect to a person representing the legal person, an employee of the legal person or any other person working under the auspices of the legal person.]2)]1)
[An investigation commenced as provided for in the fourth paragraph shall not sever a time limitation period if the investigator discontinues the investigation, a prosecutor decides not to prosecute the suspect, or if a prosecutor revokes his indictment. This shall also apply if investigation is suspended for an indefinite period. A criminal investigation suspended by reason of a suspect's evasion shall sever the time limitation period, but the time during which the investigation was conducted shall not be included therein. If a case is dismissed from the court of the lower instance and measures are not taken to amend the flaws in the case preparation within six months from when the case was dismissed, the investigation already conducted shall not sever the time limitation period.]1)
If criminal liability has lapsed in accordance with the above provisions, penalties can not be ordered on account of the act, and the sanctions provided for in Sections 62-67 can not be ordered. The same shall apply to confiscation and measures as provided for in Section 148, the second paragraph, and Section 241, the second paragraph. The time limitation period relating to confiscation shall not be shorter than five years; however, the time limitation period relating to confiscation as provided for in Section 69, the first paragraph, subparagraph 3, and in comparable special criminal provisions, shall be ten years, if a different arrangement is not provided for there.]3)
1)Act No. 63/1998, Section 2. 2)Act No. 140/1998, Section 5. 3)Act No. 20/1981, Section 6.

[[Imprisonment]1)or institutional commitment ordered by judgment shall be cancelled if its enforcement has not begun within the following periods:
1. Five years, if the penalty ordered is imprisonment of up to one year, or if commitment to an institution has been ordered as provided for in Section 65.
2. Ten years, if the penalty ordered is imprisonment exceeding one year and not exceeding four years, which shall also apply to sanctions under Sections 62, 66 and 67 ordered by judgment.
3. Fifteen years, if the penalty ordered is imprisonment for more than four years and not exceeding eight years at a maximum.
4. Twenty years, if a definite period of imprisonment is ordered for a period exceeding eight years.
The above time limitation periods shall begin when a sentence becomes enforceable as provided for in law generally.
The period of a conditionally suspended sentence, or a period during which a person is committed to [a prison]1) or other institution as provided for in an other judgment, shall not be counted in a time limitation period. The same shall apply in the case of conditional pardon; however, any time limitation period shall not be extended any farther than corresponding to the conditional period.
A time limitation period shall be severed when the enforcement of a sentence is commenced.
If a prisoner has served a part of a sentence involving [imprisonment]1) or commitment to an institution, having been granted release on probation or conditional pardon, and a decision is taken to have him serve the remainder of his [imprisonment]1) or institutional commitment, the time limitation to the enforcement of his sentence and any other sanctions ordered shall be counted from when the decision is taken. If the enforcement of a sentence or other sanctions under the first paragraph is suspended for reasons other than those referred to in this paragraph, the time limitation period shall be counted from when the suspension commences.]2)
1)Act No. 82/1998, Section 19. 2)Act No. 20/1981, Section 7.

A fine ordered by judgment or other court decision, or accepted by settlement, shall not be enforceable after three years have passed from the date the decision or settlement first became enforceable. If the fine amounts to ISK 60,000 or more, this period shall however be five years.]1)
[If the payment of a fine has been secured by distraint or other similar means within a time limitation period as provided for in the first paragraph, the period shall be extended by two years.]1)
A penalty alternative to fine, cf. Section 53, shall become unenforceable under the provisions of [the first and second paragraphs]1), unless enforcement has commenced prior to the time limits provided for there.
Confiscation provided for by judgment or court order, or accepted by settlement, shall be annulled when five years have been passed from when the confiscation could first be enforced. A time limitation period of ten years may however be provided for by judgment. The provision of the second paragraph shall also apply to confiscation.
The period during which enforcement is suspended due to a judgment providing for a conditional suspension or due to a conditional pardon shall not be included in a time limitation period.]2)
1)Act No. 63/1998, Section 3. 2)Act No. 20/1981, Section 8.

A judgment, court order or settlement providing for penalties or other sanctions under Chapter VII can not, subject however to the provisions of the second paragraph, be enforced following the death of the offender, except if his is expressly provided for in law.
If a judgment, court order or settlement providing for confiscation has not been enforced in part or in full at the death of an offender, the Prosecutor General can request the judge of the lower instance in the offender's last venue to order enforcement of the confiscation, provided the confiscation relates to the offender's gain from an offence or to objects created by an offence. The judge may then alter the provision on confiscation by substituting confiscation of a certain sum for confiscation of an object. The heirs of the deceased can appeal against the judicial decision to the Supreme Court as provided for in the [Code of Criminal Procedure]1).
The provisions of a judgment rendered with respect to Section 148, the second paragraph, and Section 241, the second paragraph, can be enforced after the death of an offender.]1)
1)Act No. 92/1991, Section 23. 2)Act No. 20/1981, Section 9.

If a person has been sentenced for the first time on account of an offence with the consequence that the offender's civil rights are affected, and the penalty ordered does not exceed one year in [prison,] 2) that person shall, when five years have passed from when the sentence was served in full, lapsed due to time limitations or was abandoned, enjoy any rights granted through rehabilitation, provided the person has not been indicted during the period on account of an offence subject to a heavier penalty than a fine.
1)Act No. 22/1955, Section 9. 2)Act No. 82/1998, Section 20.

When two years have passed of the period referred to in the second paragraph of Section 84, and subject to the other conditions provided for there, the [President] 1) can grant rehabilitation to a person whose conduct has been good during the period.
The [President] 1) can also grant rehabilitation to a person when at least five years have passed since his sentence was served in full, lapsed due to time limitations or was abandoned, if the applicant provides accepted and valid evidence of good conduct during this period.
[Rehabilitation can be granted in special situations, even if the period of a sentence is shorter than provided for in the second paragraph, and even if the time passed is not longer than provided for in the first paragraph.] 2).
1)Act No. 100/1951, Section 4. 2)Act No. 36/1944, Section 1.

[Whoever gives, promises or offers a public official a gift or other advantage in order to induce him to take an action or to refrain from an action related to his official duty, shall be imprisoned for up to three years, or, in case of mitigating circumstances, fined.
The same penalty shall be ordered if such a measure is resorted to with respect to a foreign public official or an official of a public international organisation in order to obtain or retain business or other improper advantage in the conduct of international business.]
1)Act No. 147/1998, Section 2.

A public servant guilty of gross or repeated negligence or dereliction in the performance of his functions shall be fined or [imprisoned for up to one year].1)
1) Act No. 82/1998, Section 61.

Whoever uses a forged document for purposes of deception in the course of a legal transaction shall be sentenced for up to eight years in prison. Use of such document as an official document, a negotiable instrument or a will under the law of succession shall be regarded as an aggravating factor.
[The same penalty shall be imposed if forged data in electronic form are used for purposes of deception in the course of a legal transaction.]1)
If the offence is of a minor nature or if the circumstances are in other respect greatly mitigating, in particular if the offender did not intend to cause harm to others, [imprisonment for up to one year] 2), or a fine, may be imposed.
1) Act No. 30/1998, Section 1. 1) Act No. 82/1998, Section 72.

Whoever appropriates for himself money or other valuables in his possession but in the ownership of another person, without the act however being in violation of Section 246, shall be imprisoned for up to six years.
A person who without authorisation has used money in the ownership of another person for his own benefit shall be punished as provided for in the first paragraph, irrespective of whether he was obliged to keep the funds separated from his own.

A legal person may be fined if its employee or staff member has, in order to secure or maintain business or other improper gain for the benefit of the legal person, given, promised or offered a public servant a gift or other advantage in order to induce the public servant to take a measure or to refrain from taking a measure within the sphere of his or her public duties. This shall also apply to such acts committed with respect to foreign public servants or officials acting for international institutions.

2. Police shall at any time when necessary initiate an investigation on account of knowledge or suspicion of crime, irrespective of whether a complaint has been received. The Director of Public Prosecutions may give orders to police in this context.
?

The purpose of investigation shall be to collect any evidence necessary to enable a prosecutor to determine, when the investigation is completed, whether to prosecute a person, and to collect evidence in preparation of legal action.

1. Any objects that may be assumed to be of evidential value in criminal proceedings, objects that have been obtained by crime, and objects that may be subject to confiscation, shall be seized. The term "objects" shall include documents.
2. Any person who lawfully arrests a suspect, investigates the scene of a crime, or conducts a house search or other search, or a personal search, may seize any objects found that may be of evidential value.

Every punishable act shall be subject to public indictment, unless a different arrangement is provided for by law.

When the prosecutor has received the case file and ascertained that the investigation has been completed, he shall decide whether or not to prosecute. If he considers that the established facts will not be adequate or likely to secure a conviction, he shall let the matter rest, but if not, legal action shall be brought as provided for in Section 116.

1. A decision may be taken not to prosecute in cases where the provisions of the General Penal Code on suspension of indictment may be applied. Prosecution shall also be cancelled if a suspect accepts a settlement as provided for in Section 115, and the situation is not such as described in paragraph 6 of that Section.
2. A decision may also be taken not to prosecute in the following cases:
a. if the offence is of a very minor nature;
b. if the suspect seems not to be responsible under criminal law, and a request for a security commitment according to the provisions of the General Penal Code is unnecessary;
c. if the offence has caused the offender himself extraordinary suffering and prosecution is not deemed important with a view to general prevention;
d. if a person is to be prosecuted in a single case on account of many offences, a decision may be taken not to prosecute him on account of offences that may be assumed to be of little or no importance for the determination of the penalty; furthermore, under the conditions described in Section 78 of the General Penal Code a decision may be taken not to prosecute if it may be assumed that no further penalty will be ordered even if the defendant is found guilty;
e. if a person has been subjected to duress or blackmail by a threat to report a punishable offence a decision may be taken not to prosecute on account of that offence, provided it is not too grave;
f. in special cases when prosecution is not deemed dictated by the public interest.
3. If the Director of Public Prosecutions considers that a decision should be taken not to prosecute but is not certain of his authority, he may ask the Minister of Justice to Propose to the President the prosecution be discontinued as provided for in Article 29 of the Constitution.
?

1. A prosecutor shall initiate criminal litigation by the issue of an indictment. This shall specify:

2. Subject to Section 171, an indictment shall also clearly specify any requests under private law made in accordance with Chapter XX.

1. A defendant can not be sentenced on account any conduct not specified in the indictment, and adjudication can only take place with respect to the requests made there. A defendant can however be found guilty although circumstances of subordinate nature, such as place or time, are not clearly or correctly stated, provided the judge considers that this has not affected the defence. The judge may, if he considers this desirable, offer the prosecutor and the defendant or his counsel an opportunity to express themselves on the subject matter of a case in this respect. A judge may subject to the same requirements adjudicate a case on the basis of penal provisions not stated in the indictment, but can never resolve any requests not stated there.
2. The judge is only bound by the requests and declarations of the parties to the extent provided for in the first paragraph, except if they are of the nature of private law. Declarations may be made at any stage of the proceedings.