Denmark

The tasks and the organisation of the Prosecution Service are described in Part 10 (sections 95-107) of the Danish Administration of Justice Act.

It is the task of the Prosecution Service in co-operation with the Police to prosecute crimes in pursuance of the rules of the Danish Administration of Justice Act. The overall objectives of this task are described in Section 96(2) of the Danish Administration of Justice Act.

This provision states that the Prosecution Service shall proceed with every case at the speed permitted by the nature of the case. In this connection the Prosecution Service shall ensure that those liable to punishment are prosecuted and the innocent are not prosecuted ("the principle of objectivity").

The Prosecution Service is governed by the Minister of Justice who supervises the public prosecutors. The Prosecution Service is composed of the Director of Public Prosecutions, The Regional State Prosecutors, one specialized State Prosecutor for Serious Economic and International Crimes and the Commissioners.

The Office of the Director of Public Prosecutions

The Director of Public Prosecutions conducts criminal cases before the Supreme Court and, in addition, takes part in hearing cases put before the Criminal Cases Review Commission. The Director of Public Prosecutions is superior to the other prosecutors and supervises their work, and the Director of Public Prosecutions processes complaints of decisions made by the Regional Public Prosecutors in the 1st instance. Also, the Danish Prosecutions International Affairs is placed with the Director oof Public Prosecutions.

The State Prosecutors

Two Regional State Prosecutors conduct criminal cases before the two High Courts and supervise the Commissioners’ handling of criminal cases. Furthermore, the Regional State Prosecutors process complaints against decisions made by the Chiefs of Police regarding prosecution. Finally, the Regional State Prosecutors deal with cases of compensation with regard to criminal prosecution, and some complaints against the police.

The State Prosecutor for Serious Economic and International Crime is – nationwide – responsible for prosecuting serious economic crimes and international criminal cases committed abroad including cases concerning genocide, crimes against humanity and war crimes.

The Police Commisioners

The 12 Commissioners act as prosecutors before the city courts (1st instance) and thus – in addition to the management of the police – are responsible for the inquiries and investigations conducted by the police district as well as the operation of the local Prosecution Service.

The District Courts

There are 24 district courts in Denmark. District courts hear civil, criminal, enforcement, probate and bankruptcy cases. Notarial acts also fall within the jurisdiction of district courts.

The district courts handles cases as first tier.

The High Courts

There are two high courts in Denmark - the High Court of Western Denmark and the High Court of Eastern Denmark. Appeals from a district court lies to the high courts - tried as second tier. 

The Supreme Court

The Supreme Court is the final court of appeal in Denmark and is situated in Copenhagen. The Supreme Court reviews judgments and orders delivered by the high courts.

The Supreme Court reviews both civil and criminal cases and is the final court of appeal (third tier) in probate, bankruptcy, enforcement and land registration cases. In criminal cases, the Supreme Court does not review the question of guilt or innocence. There are no lay judges on the Supreme Court panel. Only in exeptional cases is there a right of appeal (third tier) to the Supreme Court.

Mutual Legal Assistance

The district courts are appointed as competent judicial authorities regarding Summoning of witnesses or suspects/accused persons and Service of procedural documents (regarding criminal sentences).

In order to find the competent district court, please use the Judicial Atlas. The central authoriity regarding mutual legal assistance with the courts is:

Danmarks Domstole - Enhed for Udlandsforkyndelse  (The Danish Courts - Unit for Foreign Summonings)

Howitzvej 32

2000 Frederiksberg

Telephone: +45 9968 5070

E-mail: udlandsforkyndelse@domstol.dk

The central authority for international judicial cooperation in criminal matters is the Director of Public Prosecutions. Requests for legal assistance are issued and executed by the Police Commissioners and the State Prosecutor for Serious Economic and International Crimes, but may be sent via the central authority.

International judicial cooperation is not directly regulated by law in Denmark, but by an analogy of the national rules in the Administration of Justice Act and the relevant international legal instruments. Specific matters, such as extradition, are regulated by specific laws.

There are 5 EJN contact points in Denmark.

One contact point, who is also the National Correspondent, belongs to the Office of the Director of Public Prosecutions.

One contact point, who is also the Tool Correspondent, also belongs to the Office of the Director of Public Prosecutions.

One contact point belongs to the State Prosecutor for Serious Economic and International Crime.

Further two contact points are representing respectively the western and the eastern Police Districts of the country.