Once the prosecution has issued an indictment against the perpetrator, the case is brought before the district court. You will then appear in the courtroom and recount your experience.
This page is a part of a guide to the Icelandic justice system for survivors of domestic violence.
The case is usually heard in the district court where the perpetrator has their legal domicile. You may therefore need to travel there to testify. Travel expenses, such as airfare, are usually included in the legal costs that the judge rules on.
Case registration ("þingfesting") marks the beginning of the legal proceedings in the district court. The judge decides the place and time where the case will be registered.
The accused, the perpetrator, must then appear and plead guilty or not guilty.
You do not need to attend the case registration. Your legal rights protection officer will be present on your behalf. They will inform you whether the defendant pleaded guilty or not guilty and when the main hearing will take place.
During case registration, the court case receives a number. You can use this number to follow the case on the district court's website.
If the perpetrator pleads guilty, the judge decides on the sentence, usually within four weeks of the case registration. You will not need to testify in court.
If the perpetrator pleads not guilty, a main hearing will take place in the case. The main hearing is what is commonly referred to as the trial. Leading up to the main hearing, the defendant's lawyer may submit a written statement outlining their defense in the case.
The case is presented by the prosecutor on one side and the perpetrator's defense attorney on the other. Among other things, witnesses related to the case are called. Everyone over the age of 15 is obligated to appear in court as a witness and answer questions if summoned. One of the most important testimonies is yours, as the survivor in the case.
Your legal rights protection officer will be present throughout the main hearing on your behalf, and if they have filed a claim for compensation in the case, they will present it to the judge
Survivors of crime, just like other witnesses, are summoned for a specific time. Your legal rights protection officer will let you know when you are to appear and will support you throughout the process.
Someone testifying in court is not allowed to listen to the testimony of those who give their testimony beforehand. You will usually testify after the perpetrator. You will therefore wait outside the courtroom until you are called in. Sometimes testimony can be delayed, and you may have to wait longer than you anticipated. You may then observe the rest of the trial after you have testified, if you wish.
Usually, hearings regarding domestic violence are closed to protect your interests and those of others involved in the case.
Inside are the judge, the prosecutor, the perpetrator's defense attorney, your legal rights protection officer, and the perpetrator may also be present. The perpetrator has the right to be in the courtroom, but they often excuse themselves or choose not to attend. When it is your turn, you will sit in the witness box.
Courtrooms are usually small rooms, so the proximity between people can sometimes be closer than one might expect beforehand. The perpetrator may therefore be sitting a few meters away from you.
On the left side of the courtroom sit the prosecutor and your legal rights protection officer. On the right side sit the perpetrator and their defense attorney. The judge is in the middle. A good tip is to just look at the judge and speak to them, or in the direction where the prosecutor and your legal rights protection officer are sitting for support.
It is possible to request that the defendant not be present in the courtroom while you testify. Your legal rights protection officer will make that request. Sometimes the perpetrator agrees to leave, but if not, the judge must rule on whether they should leave or not.
First, the judge will ask you to state your name and briefly explain how the proceedings will unfold. The judge will inform you that it is your duty to tell the truth and that it is a criminal offense to give false testimony in court. This does not mean that the judge expects you to lie, but they are obligated to instruct the survivor about this. The judge says the same to all witnesses.
If the perpetrator is closely related to you, the judge will inform you that you are not obligated to give a statement.
Usually, the survivor is first asked to recount the events in question, and then the prosecutor asks about specific details. After the prosecutor has asked questions, the defense attorney is offered the opportunity to ask questions, and sometimes the legal rights protection officer and the judge also ask questions.
The purpose of listening to your account is to shed light on the events of the case.
You are recalling difficult matters under challenging circumstances. It is therefore okay, and indeed important, to let them know if you do not remember or are unsure about any of the details of the case. Sometimes the judge, prosecutor, or defense attorney will bring up what you said in your police statement and ask if that description was correct.
After you have testified, you may stay and observe the rest of the proceedings, request to observe via video conferencing elsewhere in the courthouse, or leave the courtroom.
A good tip is to just look at the judge and speak to them, or in the direction where the prosecutor and your legal rights protection officer are sitting.
It takes about 6 months for the prosecutor to review the case before a decision is made about indictment or dismissal.
If charges are filed in the case, the case must be heard in case registration, main hearing, and pronouncement of judgment. Between case registration and the main hearing, anywhere from 1 month up to 6 months can pass. This depends on the submission of statements, the workload of the judge assigned to your case, and other factors.
The judgment is then to be pronounced within 4 weeks of the main hearing.
On the district court's website (under "Dagskrá" for each district court), you can see cases that are pending and whether it is a case registration, main hearing, or pronouncement of judgment. You can also view judgments that have been handed down in each region.