On Wednesday came the news that the police have arrested and charged three people with murder, or complicity in the murder of Stian Hole. Through the lawyers, news is informed that all three deny criminal guilt. Can they then be convicted if Stian is not found? – It is theoretically possible to conduct a case without a corpse. But in practical life it is very difficult. That’s what Marius Oscar Dietrichson, partner in the law firm Dietrichson, and former head of the Advocacy Group in the Advokatforeningen told news. Conducting a criminal case without the deceased being found will be very difficult. NOT FOUND: Stian Hole has been missing since 7 June. On Wednesday, the police arrested three people in connection with the case. Photo: Private Must prove several things The lawyer explains that there are several conditions that must be proven for someone to be convicted. This becomes much more difficult when there is no body. – Firstly, it must be proven that the victim is dead. Without a body it is not without difficulties, explains Dietrichson. – In addition, it must be proven that it is the defendant who caused the death. Then you often need a corpse to say something about how the deceased died and the defendant’s connection to the murder. Marius Oscar Dietrichson does not know the case and speaks on a general basis. Photo: Advokatforeningen The lawyer emphasizes that both the crime scene and the deceased are important evidence banks in murder cases. Without a corpse, you lose both. – I would also like to point out that the defendant will have as a defense in such cases that the deceased may not be dead. Maybe the person in question is somewhere else in life, maybe the person has gone into hiding. If that possibility cannot be ignored, it is not a case of murder. – All these issues must be cleared away. Must turn over all stones The arrest took place after a police operation on Tuesday. All are between 30 and 50 years old. One of the three arrested has been charged with murder since last summer. The person’s lawyer, Tor Haug, tells news that this is a difficult evidentiary situation considering that the body has not been found. Lawyer Tor Haug says his client denies guilt. Photo: Marius Guttormsen / news – You don’t have a corpse. Based on the information I have, there is no crime scene either, he says and adds: – This will be complicated in terms of evidence. Haug points out that the police must now investigate very thoroughly. – They must turn over all the stones that can be turned over to arrive at the correct facts and the correct charge. Or waiver of charges. The police in Nordland have already worked for a long time with investigations. If someone is to be convicted, they must prove that Stian Hole is dead. Photo: Kasper Holgersen The lawyer believes that the investigation can last for a long time to come – and that he has never come across a completely similar case like this. And that is perhaps not so strange. It is very rare that someone is convicted of murder without a body being found. According to an overview Aftenposten published in 2020, only four people have been convicted of murder before a body has been found. Often ends in dismissal One of the four cases involved a Greek ship’s officer who was convicted in Hålogland’s Court of Appeal. He was sentenced to 13 years in prison after killing his fiancée on a ship on the way to Narvik. The woman was found on a beach in Denmark before the man was convicted, but due to challenges with identification, he was convicted before it had emerged that it was her. However, this is very, very rare food in Norway. – How difficult is it to convict someone without a corpse? Lawyer Dietrichson replies that it is possible, but very rare. – On the verge of never happening. Statistically, such cases, even if they are investigated thoroughly, will end up not reaching the goal and therefore have to be dropped. – If there is such a small chance of convicting someone without a body, why do you arrest and charge people in such cases? – You want to clarify matters and see if you still manage to reach the goal. The police have an obligation to do so, and seek to clarify the matter, if there is reason to believe that a serious criminal offense has occurred.
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Can you be convicted of murder without a corpse? – news Nordland
