Fiches Belges: Дания

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

Yes. The rules on confiscation are found in the Penal Code, sections 75 through 77 a.

International legal framework applicable for this measure in your Member State

1970 European Convention on the International Validity of Criminal Judgments, 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, the 2005 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, and Framework Decision 2006/783.

* receive the request/decision for judicial cooperation

Conventions: The Director of Public Prosecutions Framework Decision 2006/783: The Director of Public Prosecutions

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

Conventions: The Director of Public Prosecutions and the courts. Framework Decision 2006/783: The Director of Public Prosecutions and the courts.

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.

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

N.A.

a. Special requirements

As a general rule, the following items that have been seized may be confiscated as part of the final judgment: Assets or other valuables obtained through the criminal act In addition to: Items used for the criminal act, Items produced through the criminal act and Other items with regard to which a criminal act has been committed.

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. 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.