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

Медицински психиатричен преглед (303)

1. MEASURE IMPLEMENTATION

Дания

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

The rules concerning the use of psychiatric searches are found in chapter 75 of the Administration of Justice Act (AJA). An accused can be subjected to a psychiatric examination when it is found to be of importance for the decision in the case.

2. LEGAL FRAMEWORK

Дания

International legal framework applicable for this measure in your Member State

Art. 1(1) of the Convention of 20 April 1959 on Mutual Assistance in Criminal Matters.

3. COMPETENT AUTHORITY TO:

Дания

* receive the request/decision for judicial cooperation

For serious economic offences: The 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: The 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

If the accused does not explicitly consent to the examination, it can only take place according to a court order. If the accused is in custody, he cannot be mentally examined without a decision if the court.

b. Other useful information

Indication of when a psychiatric examination is warranted include but is not limited to cases of murder or attempted murder, arbitrary violence and in cases of subsequent sexual assault. If it is deemed necessary that the accused is admitted for a mental examination at a hospital for the mentally ill, to an institution for severe mental defectives or to another suitable institution, the court may make a decision to this effect in the form of an order.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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