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

Изслушване на деца (705)

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. The administration of Justice Act allows for the hearing of children (a person younger than 18 years), but different rules apply depending on the case the hearing is relevant to and whether the child is accused or not. Re an accused person: Before the police interrogate an accused person he or she shall be explicitly informed of the charge and that he or she is under no obligation to give a statement. It must appear from the report that these rules have been observed. In certain cases, when the accused is under 18 years, the municipal council must be notified of and have access to attend the interrogation. Re a person who is not accused: As for police interrogations of a person who is not charged, the normal rules apply (see no. 702, ‘hearing witnesses’).

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

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

N.A.

b. Other useful information

In cases of sexual crime against children under the age of age of 13 the police use video interrogation recorded prior to a trial. Whenever such video interrogation is conducted the defence council must be present during the video interrogation. A special police officer conducts the interrogation and the council for the defence asks his or her questions via said officer. The person, who is suspected or accused, does not have access to observe the video interrogation as it is taking place. The individual shall, as soon as possible and together with the defence counsel, be allowed to view the video recording at the police station. A request from the person, who is suspected or accused, or from the individual’s defence counsel regarding a re-interrogation of the child shall be submitted as soon as possible hereafter.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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