Fiches Belges: Dinamarca

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

As set out in Article 20 of Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, Danish authorities must be notified if interception of telecommunication takes place with regard to a person present in Denmark – also if no technical assistance is required. Denmark has not declared under article 20(7) that it will not be necessary to provide it with information on interceptions as envisaged in this Article.

International legal framework applicable for this measure in your Member State

CoE 1959 Convention on Mutual Legal Assistance and the EU 2000 Convention on Mutual Legal Assistance in criminal matters.

* receive the request/decision for judicial cooperation

For serious economic offences: 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: 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 state’s expense.

Deadlines for the execution of the request/decision (where applicable)

N.A.

a. Special requirements

After receiving notification under Article 20, the Danish authorities will submit the case to the court as soon as possible and at the latest within 48 hours after receiving the notice. The Danish court decides in the form of a court order whether the invasion of the secrecy of communication can take place. The Danish court will determine whether conditions under Danish law are fulfilled, see measure 101.

b. Other useful information

In specific cases, the measure sought should be discussed in detail by the authorities involved. As a general rule, measures may not be taken if – considering the purpose of the measure, the significance of the case and the offence – the inconvenience, which the measure is presumed to cause, would be disproportionate.