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

Призоваване на свидетели (701)

1. MEASURE IMPLEMENTATION

Дания

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

The provisions of The Administration of Justice Act explicitly apply to witness examinations requested by foreign public authorities (compare The Administration of Justice Act § 190). A request for observance of a special form or procedure, including examination conducted from abroad by use of telecommunication equipment, must, where possible, be complied with, unless such compliance would clearly be incompatible with Danish Law. In cases where a person is in a state’s custody, and where there is agreement between the competent authorities of the custody holding state and the competent authorities of the requesting state, an temporary transfer of a witness may take place. The rules concerning witnesses can be found in chapter 18 of the Administration of Justice Act. A witness is defined as a person who is not a party to the case, who will give oral testimony in court concerning actual events of significance to a case. Any individual, except those explicitly listed in the law, is obligated to give testimony as a witness. If the requirements of the Administration of Justice Act are met, the court may choose to apply one or more of a series of coercive measures to order to attain the testimony of the witness. The measures include fines, ordering the police to bring the witness to court, order the witness to pay the cost occasioned by the witness, ordering the police to take the witness into custody or applying alternative measures of incarceration e.g. house arrest.

2. LEGAL FRAMEWORK

Дания

International legal framework applicable for this measure in your Member State

The Convention of 20 April 1959 on Mutual Assistance in Criminal Matters and the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union.

3. COMPETENT AUTHORITY TO:

Дания

* receive the request/decision for judicial cooperation

The District Court (Regional)

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

The District Court (Regional)

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

A person detained in Denmark may be transferred to another state provided the specific requirements of the relevant convention(s) are met and that the special requirements of Danish law are met (see below). A person who is being detained abroad and who has consented thereto may be transferred to Denmark to give evidence or participate in another investigative measure in criminal proceedings in Denmark or for use in criminal proceedings abroad. During the transfer, the person in question must be detained and must be returned to the foreign state, regardless of whether such person subsequently withdraws his consent to the transfer. The coercive measures in chapter 18 of the Administration of Justice Act may be applied if a witness fails to appear in court, if a witness leaves the court without being dismissed, if the witness refuses to remove garments concealing the witness’ face or if the witness refuses without a lawful excuse to answer a question.

b. Other useful information

i. Where the giving of evidence would be against the wishes of a person having a right to confidentiality, persons bound by professional secrecy, such as ministers of religion of the Danish State Church or other religious communities, medical doctors, defence counsels, court mediators and lawyers, such person must not be demanded to give evidence about matters having come to their knowledge in the course of the exercise of their functions. The court may order medical doctors, court mediators and lawyers, excluding defence counsels in criminal proceedings, to give evidence where such evidence is deemed to be essential to the outcome of the case, and the merits of the case and its importance to the party concerned or to society are found to justify the giving of such order. A party’s related persons do not have a duty to give evidence as witnesses. Similarly, the duty to give evidence as a witness does not apply where the giving of evidence is deemed likely to (i) expose the witness to the penalty of the law or harm to his or her safety or welfare, or (ii) expose the witness’ related parties to the penalty of the law or harm to their safety or welfare, or (iii) otherwise inflict significant harm on the witness or his related parties. However, in the circumstances referred to in the section above, except for cases where the witness might be exposed to the penalty of the law or harm to his or her safety or welfare, the court may order the witness to give evidence where such evidence is deemed to be essential to the outcome of the case, and the merits of the case and its importance to the party concerned or to society are found to justify the giving of such order. In addition, under circumstances where the witness is a police officer that has conducted agent activity and said witness might inflict significant harm on him or herself or to his or her related parties, the court may order the witness to give evidence, provided that the merits of the case and its importance to the party concerned or to society are found to justify the giving of such order. Editors and editorial staff employed by a publication or by a radio or television broadcaster falling within the scope of the Danish Media Liability Act (mediaansvarsloven) are not subject to a duty to give evidence about, inter alias, the identity of the source of a piece of information, or the author of an article or the identity of the person who has taken a photograph. In cases concerning particularly serious crime the court may order editors and editorial staff to give evidence provided that such evidence is deemed to be essential to the proper examination of the case, and the interest in finding and presenting evidence obviously overrides the need of the mass media to protect their sources.

Last reviewed on 15 март 2019 by Tools Correspondent

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