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

Инспектиране и претърсване на жилища (601)

1. MEASURE IMPLEMENTATION

Дания

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

The rules about visit and search are found in Chapter 73 of the Administration of Justice Act (AJA). The rules are divided according to whether the premises are held by a suspect or a non-suspect. Searches of dwellings, other premises or objects of which a suspect has possession, can only be conducted if: 1. The individual on reasonable grounds is suspected of an offence which is prosecuted by the State, and 2. The search must be presumed to be of significant importance to the investigation. If the search concerns residences or other dwellings, documents, papers or similar, as well as the content of locked objects, it is further required either that the case concerns an offence, which under the law can result in imprisonment, or there are specific reasons to presume that evidence in the case or objects, which can be seized, can be found by the search. A search of the possessions of a person, which is not a suspect, may only take place, if the investigation concerns an offence, which under the law can result in imprisonment, and there are specific reasons to presume that evidence in the case or objects, which can be seized, can be found by the search.

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

Visit and search may – as a general rule – only take place subject to a (prior) court order. As an exception, the police may decide to undertake visit and search 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 if and no later than within 24 hours after the person who’s locality or items the search was directed against, requests this. 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 6 юли 2016 by Секретариат на ЕСМ

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