Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Дания

Прихващане, записване и преписване на телекомуникации (101)

1. MEASURE IMPLEMENTATION

Дания

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. The rules about invasion of privacy of communications, including interception, the recording and transcription of telecommunications, and the interception and recording of other means of communications are found in Chapter 71 of the Administration of Justice Act (AJA). The rules also cover the interception of telefax, telex and ongoing e-mail and SMS messages. Section 780 of the AJA sets out the different measures and Section 781, subsection 1 outlines the conditions which, in summary, are as follows: • There are specific reasons to presumes that messages are given or mail is delivered by the means in questions to or from a suspect • The invasion is presumes to be of crucial importance to the investigation, and • The investigation concerns an offense, which under the law can be punished with imprisonment for six years or more;

2. LEGAL FRAMEWORK

Дания

International legal framework applicable for this measure in your Member State

CoE 1959 Convention on Mutual Legal Assistance and the EU 2000 Convention on Mutual Legal Assistance in criminal matters.

3. COMPETENT AUTHORITY TO:

Дания

* receive the request/decision for judicial cooperation

For serious economic offences: State Prosecutor for Serious Economic and International Crimes Other offences: Local Police and Prosecution District.

* execute/recognise the measure (if other than the receiving authority)

For serious economic offences: State Prosecutor for Serious Economic and International Crimes Other offences: Local Police and Prosecution District.

4. ACCEPTED LANGUAGES

Дания

Accepted languages for the request/decision

Denmark will receive requests in Danish, Norwegian, Swedish or English but will also receive requests in French and German although translation may be done at sending states expense.

5. EXECUTION DEADLINE

Дания

Deadlines for the execution of the request/decision (where applicable)

N.A.

6. CONCISE LEGAL PRACTICAL INFORMATION

Дания

a. Special requirements

Telephone interception may only take place subject to a (prior) court order. The court order lays down the period of time within which the measure can be implemented. This period shall be as short as possible and must not exceed four weeks. The court may extend the measure for four weeks at a time. A defence lawyer will be assigned by the court. As an exception, the police may decide to undertake telephone interceptions if waiting for a court order would frustrate the purpose of their action (periculum in mora). In such cases the police must, however, refer the matter to the court as soon as possible, and no later than within 24 hours of the implementation of the measure, and the court will then decide if the measure can be approved and if it should be continued, and in which case for how long. As a coercive measure, double criminality is required.

b. Other useful information

In specific cases, the measure sought should be discussed in detail by the authorities involved. Within the framework of Danish legislation, the competent Danish authorities will try to execute the measure in conformity with the wishes of the requesting State. Representatives of the requesting State will be allowed to be present in connection with the execution of the measure. Direct retransmission of an interception is an option, if the requesting State declares that it will observe the conditions Denmark makes in the concrete case. As a general rule, measures may not be taken if – considering the purpose of the measure, the significance of the case and the offence – the inconvenience, which the measure is presumed to cause, would be disproportionate.

Last reviewed on 13 ноември 2017 by Секретариат на ЕСМ

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