Criminal Procedure Code at Denmark
Denmark's criminal justice system is governed by the Administration of Justice Act (Retsplejeloven), which serves as the primary legal framework for criminal procedures. This comprehensive legislation outlines the processes for investigating, prosecuting, and adjudicating criminal offenses within the country.
⚖️ Structure of the Administration of Justice Act
The Administration of Justice Act is divided into several parts, each addressing different aspects of criminal procedure:
Pre-Trial Procedures: This section covers the initiation of criminal cases, including the role of the police and the public prosecutor in investigations.
Court Procedures: Details the organization and functioning of courts, including the District Courts, High Courts, and the Supreme Court, as well as the roles of judges and lay judges. (Denmark | European Judicial Network(EJN))
Trial Procedures: Outlines the conduct of trials, including the presentation of evidence, examination of witnesses, and the rights of the accused.
Sentencing and Appeals: Specifies the penalties for various offenses and the procedures for appealing court decisions.
🏛️ Court System in Denmark
Denmark's judiciary is structured as follows:
District Courts (Byretter): These courts handle the majority of criminal cases, including both minor and serious offenses.
High Courts (Landsretter): There are two High Courts in Denmark: the High Court of Western Denmark and the High Court of Eastern Denmark. They primarily handle appeals from the District Courts. (Denmark | European Judicial Network(EJN))
Supreme Court (Højesteret): The Supreme Court is the highest court in Denmark and serves as the final court of appeal. It reviews cases of significant legal importance and ensures consistency in the interpretation of the law.
In certain serious criminal cases, the court may involve lay judges (meddommere), who are ordinary citizens participating alongside professional judges in the decision-making process. (The courts of justice / The Danish Parliament)
🕒 Key Procedural Safeguards
Grundlovsforhør (Constitutional Interrogation): Under Section 71 of the Danish Constitution, an individual arrested by the police must be brought before a judge within 24 hours. This arraignment determines whether the detention should continue. (Grundlovsforhør)
Right to Legal Counsel: Accused individuals have the right to be informed of their charges and to consult with an attorney. If under 18, they are entitled to have a parent or guardian present during questioning. (Criminal law)
Presumption of Innocence: The accused is presumed innocent until proven guilty, and the burden of proof lies with the prosecution.
📚 Accessing the Administration of Justice Act
The full text of the Administration of Justice Act is publicly available and can be accessed through the official Danish government website:
👉 Administration of Justice Act (Retsplejeloven)
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