- Research Article
- 10.15845/bjclcj.v13i2.4680
- Nov 19, 2025
- Bergen Journal of Criminal Law & Criminal Justice
- Ingrid Løining Ørum
How are professionals in Norway responding to the pervasive issue of intimate partner violence (IPV)? Under Norwegian law, the duty to avert (DTA) obliges all citizens, including professionals, to act against intimate partner violence, distinguishing it from legislation on mandatory reporting (MR) as it allows – and demands – averting by reporting to the police or by other means. There is a lack of insight into the usage of the duty to avert among professionals dealing with intimate partner violence. This article examines the legal framework of the duty to avert intimate partner violence (DTA-IPV). It assesses the extent to which professionals comply with the duty to avert IPV, identifying who engages in such actions and what they do. Additionally, it investigates the impact of DTA and presents a typology derived from the research, outlining four typical scenarios observed in this study. Analysis of criminal case documents from 38 aggravated IPV cases reveals that while professionals attempt to avert IPV, considerable potential remains untapped. Professionals act in line with their respective fields, resulting in variations in the enforcement and nature of DTA actions across different professions. Moreover, there is a complete absence of references to the legal provision regarding the duty to avert as grounds for these DTA actions, suggesting a lack of legal awareness among professionals. These findings underscore the need for enhanced training and education on DTA and prompt whether DTA-IPV legislation should be simplified to ensure a better understanding of the legislation.
- Research Article
- 10.15845/bjclcj.v13i2.4677
- Jul 9, 2025
- Bergen Journal of Criminal Law & Criminal Justice
- Lucie Margot Ducarre + 2 more
Autism is a neurodevelopmental condition characterised by differences in communication, social interactions, sensory processing, and cognitive functioning. While these features might have important legal and forensic relevance, research on the understanding and bearings of autism in criminal justice remains scarce. This article explores the approach to autism retained by Norwegian criminal courts in cases involving serious crimes committed by children. A thematic analysis of selected judicial decisions was conducted. The results highlighted a difficult and delayed diagnosis process, both before and during the judicial proceedings, and debated and questionable implications of autism on the defendants’ criminal accountability, sentencing and risk assessments. Overall, the present study highlights a lack of knowledge about autism and its potential legal and forensic implications within the Norwegian child justice system.
- Research Article
- 10.15845/bjclcj.v13i2.4678
- Jul 9, 2025
- Bergen Journal of Criminal Law & Criminal Justice
- Jørn Jacobsen + 1 more
Obituary for Nils Jareborg (1938-2025).
- Journal Issue
- 10.15845/bjclcj.v13i2
- Jul 9, 2025
- Bergen Journal of Criminal Law & Criminal Justice
- Research Article
1
- 10.15845/bjclcj.v13i1.4525
- Feb 21, 2025
- Bergen Journal of Criminal Law & Criminal Justice
- Markus Dubber
New Legal Science pushes legal discourse beyond its traditional parochialism to tackle fundamental issues confronting all modern legal systems as such, including the legitimacy challenge of state power through ‘law’ posed most acutely by penal law.
- Journal Issue
- 10.15845/bjclcj.v13i1
- Feb 21, 2025
- Bergen Journal of Criminal Law & Criminal Justice
- Research Article
1
- 10.15845/bjclcj.v12i2.4441
- Dec 29, 2024
- Bergen Journal of Criminal Law & Criminal Justice
- Nanna Grønning-Madsen + 1 more
The relationship between national and international criminal law has grown increasingly closer over time. However, are national courts providing enough consideration to international law in national criminal cases? In cases concerning Danish terrorism legislation and the approval of terrorism, it appears that the answer may be in the negative. The latest development in the conflict between Israel and Hamas has led to several national Danish indictments and convictions under § 136 (2) of the Danish Penal Code for approving the actions committed by Hamas against Israel on 7 October 2023. The article concludes that in such cases, the Danish national courts have not been conducting the required assessments linking national law to EU and international humanitarian law.
- Research Article
- 10.15845/bjclcj.v12i2.4440
- Dec 29, 2024
- Bergen Journal of Criminal Law & Criminal Justice
- Fenella Billing + 1 more
Hybrid threats have become a topic high on the international agenda. Hybrid threats and actual attacks may be classical criminal activities driven by personal motives and economic gain. However, this article deals with hybrid attacks that go beyond personally motivated criminal activity, aimed at states’ vulnerabilities in a wider context. The hybrid nature of these attacks can engage different or hybrid legal responses – a criminal law response or an international law response to terrorism or a lead-up to armed conflict. The questions are, what is the role for criminal law in regulating hybrid attacks and what are the challenges of such an approach? Focusing on international and national criminal law regulating hybrid attacks, this article considers the three scenarios of attacks against critical infrastructure, jamming of maritime navigation and physical attacks on submarine cables and pipelines. The chapter highlights the complexities involved in criminal law approaches, requiring interaction and cooperation between the international and national levels, but also the potential advantages of integrating criminal law approaches into a broader military strategy.
- Journal Issue
- 10.15845/bjclcj.v12i2
- Dec 29, 2024
- Bergen Journal of Criminal Law & Criminal Justice
- Journal Issue
- 10.15845/bjclcj.v12i1
- May 29, 2024
- Bergen Journal of Criminal Law & Criminal Justice