Forhåndsundersøkelse

Forhåndsundersøkelse, or preliminary investigation, is a phase in Norwegian criminal procedure in which police and public prosecutors gather information to determine whether there are reasonable grounds to suspect that a crime has been committed and to decide whether to initiate a formal investigation (etterforskning). Its aim is to establish the facts and assess whether further inquiry is warranted.

The proceeding is governed by the Criminal Procedure Act (Straffeprosessloven). Investigators may interview witnesses and suspects, collect documents, and obtain warrants for searches or other measures, all within legal safeguards. The rights of the person under investigation are protected, including the right to legal counsel, to be informed about the investigation, and to interact with the authorities in a manner consistent with the presumption of innocence.

The forhåndsundersøkelse is typically used when there is some basis for suspicion but not enough to charge or initiate formal proceedings. It is conducted by police and prosecutors and may involve gathering physical evidence, reviewing communications, and other fact-finding activities. The outcome is a decision either to terminate the case for lack of sufficient grounds or to proceed with debeners et etterforskning (the formal investigation).

In practice, the preliminary investigation remains distinct from the main investigative phase, but it can quickly lead to or foreclose further inquiry. The process seeks to balance timely fact-finding with the protection of individuals’ rights and privacy, and it is subject to supervisory oversight to prevent misuse or unnecessary intrusion.