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: Danemark

Infiltration par les agents de l’Etat requis (201)

1. MEASURE IMPLEMENTATION

Danemark

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

The measure is possible. It should be noted though that the Danish Government has reserved the right not to consent to requests concerning the use of agents in accordance with art. 14(4) see art. 27(2) of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between Member States of the European Union. Re national law: The rules concerning the use of both police- and civil agents are found in chapter 68 of the Administration of Justice Act (AJA). Section 754 e defines agent activity as the offering of aid or taking steps to encourage the execution or continuing of criminal activity.

2. LEGAL FRAMEWORK

Danemark

International legal framework applicable for this measure in your Member State

Art. 14 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union

3. COMPETENT AUTHORITY TO:

Danemark

* 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.

4. ACCEPTED LANGUAGES

Danemark

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

Danemark

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

N.A.

6. CONCISE LEGAL PRACTICAL INFORMATION

Danemark

a. Special requirements

Special requirements Section 754 a (1) AJA outlines the basic conditions for the use of agents: - A substantial suspicion is present that the offence is about to be committed or attempted, and - The investigative measure must be presumed to be of crucial importance to the investigation, and - The investigation concerns an offence that under the law can be punished by imprisonment for six years or more. It is furthermore a condition that the agent does not cause an aggravation of the extent or seriousness of the offence. Civil agents may only be used when the extent of the agent’s involvement is severely limited. The rules of sections 754 a – 754 d do not apply to investigations concerning terrorism. The use of agents may only be implemented following an order of the court. If the purpose of the measures would be forfeited if a court order were to be awaited, the Police can make the decision of implementing the measure. In that case the police shall, as soon as possible, and at the latest within 24 hours from the initiation of the measure, submit the case to the court.

b. Other useful information

Any use of agents must be reported to the council for the defence. Under special circumstances the court may order the defence not to disclose the information if the consideration to foreign powers, the safety of the State, to the solving of the case or to a third party exceptionally requires it.

Last reviewed on 6 juillet 2016 by Secrétariat du RJE
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