Fiches Belges: Дания

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

The measure is possible provided that the requirements of national law are met.

International legal framework applicable for this measure in your Member State

The Convention of 20 April 1959 on Mutual Assistance in Criminal Matters.

* 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)

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

A person accused of a criminal act which is prosecuted by the State can be summoned provided that said person has been formally indicted. A suspect is considered indicted when the prosecution hands in the indictment to the court. The prosecution is obliged to as soon as possible after the handing in of the indictment to present the accused with the indictment. The court must strive to set a date for the trial that reflects the nature of the case. If an indicted fails to appear the court may decide the he or she shall be arrested. In cases where the police have specific reasons to presume that the accused will abscond from the prosecution, the police may, after obtaining a court order, take the accused into custody to secure his or her temporary presence. Re failing to appear in court: When an accused, who is duly summoned to a court hearing, fails to appear without valid excuse, the court can decide that he shall be arrested if, in the summons or during a meeting in court, it has been declared that he shall appear in person and that he must expect to be arrested in the case of absence. Re remand: An accused can be detained on remand when there is a substantiated suspicion that he has committed an offence, which is prosecuted by the State if, under the law, the offence can result in imprisonment for one year and six months or more, and if based on the information about the circumstances of the accused there are specific reasons to presume that he will abscond from the prosecution

b. Other useful information

N.A.