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 заподозрени/обвиняеми лица: стандартна процедура (710)

1. MEASURE IMPLEMENTATION

Дания

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

During investigation: The police can conduct interrogations but cannot order anyone to make a statement. Everyone is, however, obligated to state name, address, and date of birth to the police. Before the police interrogate an accused he shall be explicitly informed of the charge and that he is under no obligation to give a statement. In court: The production of evidence started with an examination of the accused. The presiding judge asks the accused if he is willing to give testimony (he or she is not obliged to do so). The prosecution will then proceed to examine the accused. The counsel for the defence will thereafter be giving the opportunity to ask questions of the accused. The court is obliged to seek to obtain the truth of what has happened, and therefore the court, both judges and lay judges, may ask questions to the accused during the trial. The prosecution may, when certain criteria are fulfilled, present the court with police reports containing statements previously given by the accused. In cases with several indicted each accused has the right to be present at the examination of the other accused. The presiding judge may choose to deny the accused this right.

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.

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

The presiding judge may choose to deny the accused the right to be present during the examination of other accused in cases where an unreserved testimony can otherwise not be expected from the accused on the stand.

b. Other useful information

During the examination in court, the accused may not elaborate beyond the ambit of the questions asked of him or her by the prosecution or the council for the defence, i.e. the accused may only answer questions and not give his own account of the sequence of events on his own accord. The conduction of the examination must be viewed in light of the above, that said, the accused must be given appropriate possibility to give a coherent answer.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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