Fiches Belges: Дания

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

The hearing of a suspect/person accused by telephone is possible during the investigation.

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

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.

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

During the investigation: The normal rules applying when questioning a suspect/person accused must be observed. During the trial: 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 Danish criminal proceedings are governed by a principle of immediacy whereafter an accused must be present during the entirety of the trial. The measure in question is therefore not possible during the trial.

b. Other useful information

N.A.