forretningsregelen

Forretningsregelen, also known as the "business rule" or "business regulation," refers to a fundamental principle in Norwegian law, particularly within the context of criminal liability for legal persons (e.g., corporations, partnerships, or associations). The concept was established by the Norwegian Supreme Court in the case *Rt. 1999 s. 1075* and later codified in the Penal Code Act of 2005.

The rule states that a legal person may be held criminally liable for the actions of its representatives or employees if they commit a crime within the scope of their duties, provided that the legal person failed to implement adequate internal controls to prevent such conduct. This principle extends to situations where the legal person either neglected to establish proper organizational structures or failed to supervise its operations effectively. The focus lies on the organization’s failure to prevent or detect illegal activities rather than on the individual’s intent.

Forretningsregelen emphasizes the importance of corporate governance, compliance programs, and risk management in mitigating criminal liability. Courts assess whether the legal person exercised reasonable due diligence in preventing misconduct. If proven negligent, the organization may face fines, asset forfeiture, or other penalties, though it does not typically result in imprisonment for the entity itself.

The principle aligns with broader international trends, such as the UK’s Corporate Manslaughter and Corporate Homicide Act (2007) and the EU’s directive on corporate criminal liability. In practice, Norwegian companies are encouraged to adopt robust internal policies, training programs, and oversight mechanisms to demonstrate compliance with forretningsregelen and reduce legal exposure.