Denmark

The Criminal Code

GENERAL PART

Chapter 2
General Conditions Concerning the Application of the Provisions of the Criminal Law

§ 7 (1) Acts committed outside the territory of the Danish state by a Danish national or by a person resident in the Danish state shall also be subject to Danish criminal jurisdiction in the following circumstances, namely ;

1) where the act was committed outside the territory recognized by international law as belonging to any state, provided acts of the kind in question are punishable with a sentence more severe than imprisonment for 4 months ; or
2) where the act was committed within the territory of a foreign state, provided that it is also punishable under the law in force in that territory.

(2) The provisions in Subsection (1) above shall similarly apply to acts committed by a person who is a national of, or who is resident in Finland, Iceland, Norway or Sweden, and who is present in Denmark.

(3) In the circumstances referred to in Subsection (1)2), an act committed by a person who at the time of the act was a Danish national or a resident in the Danish state is, however, subject to Danish criminal jurisdiction even if it is not punishable under the law of the foreign state, when the act falls within Section 245 a or Section 246 in relation to Section 245 a of this Act.

§ 8
The following acts committed outside the territory of the Danish state, shall also come within Danish criminal jurisdiction, irrespective of the nationality of the perpetrator,

1) where the act violates the independence, security, Constitution or public authorities of the Danish state, official duties toward the state or such interests, the legal protection of which depends on a personal connection with the Danish state ; or
2) where the act violates an obligation which the perpetrator is required by law to ob¬serve abroad or prejudices the performance of an official duty incumbent on him with regard to a Danish ship or aircraft ; or
3) where an act committed outside the territory recognized by international law as be-longing to any state violates a Danish national or a person resident in the Danish state, provided acts of the kind in question are punishable with a sentence more severe than imprisonment for 4 months ; or
4) where the act comes within the provisions of Section 183 a of this Act. The pro secu¬tion may also include breaches of Sections 237 and 244-248 of this Act, when committed in conjunction with the breach of Section 183 a ; or
5) where the act is covered by an international convention in pursuance of which Denmark is under an obligation to start legal proceedings ; or
6) where transfer of the accused for legal proceedings in another country is rejected, and the act, provided it is committed within the territory recognized by international law as belonging to a foreign state, is punishable according to the law of this state, and provided that according to Danish law the act is punishable with a sentence more severe than one year of imprisonment.

Keywords

Jurisdiction



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