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Are you a victim of crime?

 

Advice and Guidance

If you have been the victim of crime, this is where you can read about everything from the reporting of the crime to how police interviews and court testimonies are conducted. You can also read more about your options for obtaining a legal advocate and compensation.

Reporting a crime

If you have been subjected to violence, undergoing an investigation and potentially a trial can feel difficult and overwhelming. The police and the Prosecution Service understand that the process can be emotionally challenging.

It is important that you report the crime as soon as possible. You can report the crime to the police by telephone, in writing or by going to a police station in person. The police can also take your report at the scene of the crime.

You are not required to report the crime to the police, but you may need to do so if, for example, you wish to seek compensation for an injury you have suffered as a result of the crime.

The police’s interview

An interview usually takes place at a police station, but it can also take place at the crime scene or over the phone. The police will type your statement, and you will have the opportunity to review it and sign it. It may be necessary to interview you several times during the investigation.

If the case involves a child, the police always conduct a specific assessment of whether the child should be interviewed via video. The assessment depends primarily on the child’s age and the nature of the case. In a video-taped interview, the police record the child’s statement on video. The recording can be used as evidence so that the child does not have to testify in court..

As a general rule, children under the age of 13 are interviewed via video. Children aged 13–14 may be interviewed via video in various types of cases, for example cases involving domestic violence. As a general rule, young persons aged 15 or older are asked to attend a standard police interview. However, children and young persons under the age of 18 may be interviewed via video if there are special circumstances that warrant it.

Medical examination

If you have been subjected to violence, it is a good idea to be examined at the emergency department as soon as possible after the incident. At the emergency department, a doctor will examine you and document your injuries in your medical record.

It is up to you whether you want to be examined, but the examination may be essential if the case goes to court at a later time or if you bring a claim for compensation. The doctor’s description of your injuries may be used as evidence in the criminal case.

If a child is to be examined by a doctor, one of the parents must generally give consent to the examination.

Contact person

If the police expect you to give evidence in court, you may be assigned a contact person at the police. You will be assigned a contact person during your first police interview or as soon as possible thereafter. The contact person can advise you on the course of the criminal case and any special considerations in court. You can contact this person at any time during the process if you have any questions.

Legal advocate

As a victim of violence or other crimes against persons, you may in some cases be eligible for a legal advocate (bistandsadvokat). A legal advocate is free of charge and can help represent your interests throughout the criminal proceedings. During your interview, the police will inform you about your options for having a legal advocate appointed. The court decides whether a victim is entitled to a legal advocate.

A legal advocate provides advice and guidance during the police investigation. The legal advocate can also explain how the criminal proceedings work, be present with you if the case goes to court and help you seek compensation.

Compensation

If your insurance company has covered your loss, for example stolen or damaged belongings, you do not need to do anything further. If the perpetrator is convicted, the insurance company may seek to recover the compensation from the perpetrator.

If you do not have insurance, or if your insurance does not cover your entire loss, you can ask the police to include your claim for compensation if the case goes to court. You must be able to document your loss with, for example, photos, receipts or similar evidence. You can also present your claim for compensation in court yourself.

Compensation under the State Compensation to Victims of Crime Act

If you have suffered a personal injury as a result of violence, you may in some cases be entitled to compensation from the Danish state. Compensation may cover, among other things, medical expenses, loss of earnings and compensation for days off work due to illness.

As a general rule, you must have reported the crime to the police no later than 72 hours after it was committed in order to receive compensation from the Danish state.

On the website of the Department of Civil Affairs (Civilstyrelsen), you can read about the conditions for receiving compensation for victims of crime and find guidance on how to apply.

If you have a legal advocate, they can help you seek compensation. The police can advise you on how to seek compensation.

If the case goes to court

When a crime is reported, the police will first assess whether there are grounds to investigate the case. Not all reports lead to an investigation or a trial.

Once the police have investigated a case, the Prosecution Service will assess whether there is sufficient evidence to bring formal charges and refer the case to the court. The court then hears the case, and evidence is presented and witnesses testify before the court reaches a decision. You can read more about the process here – from reporting a crime to the final decision.

If you are summoned to appear as a witness in court, you will receive a letter stating the time and place of the hearing.

Notice of release

In cases involving more serious offences under the Danish Criminal Code, such as violence, where the perpetrator is sentenced to an unconditional prison sentence, you may, as a victim, ask the police to notify you when the perpetrator has served their sentence, is released on parole, has their first unaccompanied leave from prison, or participates in a television or radio programme or similar. However, certain conditions must be met. Your legal advocate or the police can advise you on your options for receiving notification.

You can read more about:

Help and advice from other government agencies and organisations.

Your options as a surviving relative.

How conflict mediation works.

How it works if you have been asked to give evidence in court. 

If you are subjected to psychological violence, it can be a significant emotional burden. In many cases, the perpetrator of psychological violence will have established a position of power that can make it difficult for you to tell others about the psychological violence. The police and the Prosecution Service understand that reporting psychological violence to the police can be an emotionally challenging process.

Psychological violence can take many different forms involving different types of physical or psychological abuse. At the same time, its severity and intensity can vary considerably. Certain conditions must be met for psychological violence to constitute a criminal offence. This means that not all forms of psychological violence are punishable under the Danish Criminal Code.

This can be illustrated as follows:

Figur illustration i 3 niveauer: Strafbar psykisk vold, ikke strafbar psykisk vold og usunde relationer

For psychological violence to constitute a criminal offence, the following conditions must be met:

  • The perpetrator must be a member of the victim’s household.
  • The psychological violence must have been committed repeatedly over a period of time.
  • The conduct must be grossly degrading, abusive or offensive.
  • The conduct must be capable of controlling the victim, that is, controlling behaviour that prevents the victim from living freely.

It is always an overall assessment of all the circumstances of a case that determines whether criminal proceedings can be brought for psychological violence.

Reporting a crime

If you have been subjected to psychological violence, undergoing an investigation and potentially a trial can feel difficult and overwhelming. The police and the Prosecution Service understand that the process can be emotionally challenging.

You can report psychological violence to the police by telephone, in writing or by going to a police station in person. You may be asked to complete a form describing the course of events. In the form, you can record the incidents, allowing the police to gain an overview of the extent and nature of the psychological violence. You are not required to complete the form. The police will still process and investigate your case.

You are not required to report the crime to the police, but you may need to do so if, for example, you wish to apply for compensation for an injury you have suffered as a result of the crime.

The police’s interview

An interview usually takes place at a police station, but it can also take place at the crime scene or over the phone. The police will type your statement, and you will have the opportunity to review it and sign it. It may be necessary to interview you several times during the investigation.

If the case involves a child, the police always conduct a specific assessment of whether the child should be interviewed via video. The assessment depends primarily on the child’s age and the nature of the case. In a video-taped interview, the police record the child’s statement on video. The recording can be used as evidence so that the child does not have to testify in court..

As a general rule, children under the age of 13 are interviewed via video. Children aged 13–14 may be interviewed via video in various types of cases, for example cases involving domestic violence. As a general rule, young persons aged 15 or older are asked to attend a standard police interview. However, children and young persons under the age of 18 may be interviewed via video if there are special circumstances that warrant it.

Contact person

If the police expect you to give evidence in court, you may be assigned a contact person at the police. You will be assigned a contact person during your first police interview or as soon as possible thereafter. The contact person can advise you on the course of the criminal case and any special considerations in court. You can contact this person at any time during the process if you have any questions.

Legal advocate

As a victim of violence or other crimes against persons, you may in some cases be eligible for a legal advocate (bistandsadvokat). A legal advocate is free of charge and can help represent your interests throughout the criminal proceedings. During your interview, the police will inform you about your options for having a legal advocate appointed. The court decides whether a victim is entitled to a legal advocate.

A legal advocate provides advice and guidance during the police investigation. The legal advocate can also explain how the criminal proceedings work, be present with you if the case goes to court and help you seek compensation.

Compensation

If your insurance company has covered your loss, for example stolen or damaged belongings, you do not need to do anything further. If the perpetrator is convicted, the insurance company may seek to recover the compensation from the perpetrator.

If you do not have insurance, or if your insurance does not cover your entire loss, you can ask the police to include your claim for compensation if the case goes to court. You must be able to document your loss with, for example, photos, receipts or similar evidence. You can also present your claim for compensation in court yourself.

Compensation under the State Compensation to Victims of Crime Act

If you have suffered a personal injury as a result of violence, you may in some cases be entitled to compensation from the Danish state. Compensation may cover, among other things, medical expenses, loss of earnings and compensation for days off work due to illness.

As a general rule, you must have reported the crime to the police no later than 72 hours after it was committed in order to receive compensation from the Danish state.

On the website of the Department of Civil Affairs (Civilstyrelsen), you can read about the conditions for receiving compensation for victims of crime and find guidance on how to apply.

If you have a legal advocate, they can help you seek compensation. The police can advise you on how to seek compensation.

If the case goes to court

When a crime is reported, the police will first assess whether there are grounds to investigate the case. Not all reports lead to an investigation or a trial.

Once the police have investigated a case, the Prosecution Service will assess whether there is sufficient evidence to bring formal charges and refer the case to the court. The court then hears the case, and evidence is presented and witnesses testify before the court reaches a decision. You can read more about the process here – from reporting a crime to the final decision.

If you are summoned to appear as a witness in court (link), you will receive a letter stating the time and place of the hearing.

Notice of release

In cases involving more serious offences under the Danish Criminal Code, such as violence, where the perpetrator is sentenced to an unconditional prison sentence, you may, as a victim, ask the police to notify you when the perpetrator has served their sentence, is released on parole, has their first unaccompanied leave from prison, or participates in a television or radio programme or similar. However, certain conditions must be met. Your legal advocate or the police can advise you on your options for receiving notification.

You can read more about:

Help and advice from other government agencies and organisations.

Your options as a surviving relative.

How conflict mediation works.

How it works if you have been asked to give evidence in court. 

Reporting the crime

If you have been a victim of rape or other sexual assault, it can seem overwhelming and harsh to have to go through a police investigation and perhaps a court case. The police and the prosecution service know this is an emotionally demanding process and we will do our best to help you along the way.

If you have been the victim of crime, you need to report it to the police. You have to go to a police station in person to report the crime if you have been sexually assaulted. The police may also take your report at the scene of the crime.

It is important to report the crime as soon as possible after it was committed. It is a good idea to write down your experiences right after they happen – for example about what was said or done or a description of the perpetrator.

You are not required to report the crime to the police, but it may be necessary if you want compensation for the injury or loss you sustained as a result of the offence.

The police interview

When you have been the victim of crime, the police will interview you about what happened. The interview will normally take place at the local police station. The police will transcribe your statement in a police report. You will have the option to read the report and sign it. Sometimes the police may have to interview you several times during the investigation.

In connection with an interview, the police may also want you to take part in a photo identification procedure if they are unsure who the perpetrator is. The police will show you a binder of photographs of possible perpetrators to look through to see if you recognise the perpetrator.

Children under the age of 15 who are victims of sexual assault will normally be video-recorded while being interviewed. This means the child’s own explanation is recorded on video. The video may be used as evidence during a potential trial, so the child does not have to testify in court.

Medical examination

If you have been raped or experienced another similarly serious sexual assault, a doctor may need to examine you. The police will tell you if a medical examination is needed. You will be examined at the hospital casualty department, the Centre for Victims of Rape, or the Centre for Victims of Sexual Abuse by people trained to examine victims of sexual assault. It is up to you whether to consent to an examination, but one is often necessary.

The doctor’s description of your injuries is required as evidence in a potential court case, or if you apply for compensation under the Victims Compensation Act. If a doctor has to examine a child, one of the parents must usually consent to the examination.

Contact person

If the police expect you to appear in court as a witness, you can be assigned a contact person. You can also be assigned a contact person in other cases if necessary. The contact person is typically a police officer, and will be able to give you guidance and information about your legal position and about the case.

You can read about the criminal justice process here. In addition, the contact person can tell you about the options for special considerations to be made for you when you testify in court. You can talk to the police about obtaining a contact person.

Legal advocate

If you have been raped or experienced another similarly serious sexual assault, you will be assigned a legal advocate unless you refuse that option. The legal advocate is an attorney who can help you and safeguard your interests throughout the criminal justice process, at no cost to yourself. You will have an opportunity to talk to your legal advocate before the police interview you the first time. In some cases, however, the police may need to ask you questions before you have spoken with your legal advocate. Read more about legal advocates.

Participation in victim-offender mediation

As a victim, you can sometimes choose to participate in victim-offender mediation. Victim-offender mediation is a meeting between you and the offender in which you can talk to the offender in a secure environment about what happened and how it has affected you.

Notice about release

In some cases, you can ask the police to notify you when the perpetrator has finished serving his or her sentence or is released on probation. This is particularly relevant in cases of gross violence or sexual assault. You can also ask the police to inform you about the perpetrator’s first authorised temporary unaccompanied leave from prison.

For you to receive this information, the perpetrator must have been remanded in custody prior to conviction. Your legal advocate or the police can tell you more about your options.

From reporting a crime to a possible trial

If you have been the victim of theft, burglary, vandalism or a similar offence, you can report it to the police. It is important that you report the crime as soon as possible. You can report the crime to the police by telephone, in writing or by going to a police station in person. The police can also take your report at the scene of the crime.

You are not required to report the crime to the police, but you may need to do so if, for example, you wish to apply for compensation.

The police’s investigation.

When the police receive a report, they assess the nature of the case and decide how to proceed. In some cases, the police determine that there are no grounds for opening an investigation. This may be because the reported conduct does not constitute a criminal offence.

The police investigate whether there are any traces, witnesses or other information that could help solve the case and open an investigation to secure evidence. Even if the police determine that there is no evidence that could help solve the case, your report will still be registered in the police systems. The police may also open an investigation and subsequently decide to discontinue it. This may happen if it proves impossible to identify the perpetrator and there are no further leads to pursue.

If you are the victim of a crime, you will be notified whether the police decide not to open an investigation or decide to discontinue an investigation. You can appeal this decision. Along with the decision, you will receive information on how to appeal. You can read more about the process here – from reporting a crime to the final decision.

Compensation

If your insurance company has covered your loss, for example stolen or damaged belongings, you do not need to do anything further. If the perpetrator is convicted, the insurance company may seek to recover the compensation from the perpetrator.

If you do not have insurance, or if your insurance does not cover your entire loss, you can ask the police to include your claim for compensation if the case goes to court. You must be able to document your loss with, for example, photos, receipts or similar evidence. You can also present your claim for compensation in court yourself.

Compensation under the State Compensation to Victims of Crime Act

If you have suffered a personal injury as a result of violence, you may in some cases be entitled to compensation from the Danish state. Compensation may cover, among other things, medical expenses, loss of earnings and compensation for days off work due to illness.

As a general rule, you must have reported the crime to the police no later than 72 hours after it was committed in order to receive compensation from the Danish state.

On the website of the Department of Civil Affairs (Civilstyrelsen), you can read about the conditions for receiving compensation for victims of crime and find guidance on how to apply.

If you have a legal advocate, they can help you seek compensation. The police can advise you on how to seek compensation.

If the case goes to court

When a crime is reported, the police will first assess whether there are grounds to investigate the case. Not all reports lead to an investigation or a trial.

Once the police have investigated a case, the Prosecution Service will assess whether there is sufficient evidence to bring formal charges and refer the case to the court. The court then hears the case, and evidence is presented and witnesses testify before the court reaches a decision. You can read more about the process here – from reporting a crime to the final decision.

If you are summoned to appear as a witness in court, you will receive a letter stating the time and place of the hearing.

You can read more about:

Help and advice from other government agencies and organisations.

Your options as a surviving relative.

How conflict mediation works.

How it works if you have been asked to give evidence in court. 

How can the police help you?

If you contact the police for help in stopping the stalking or harassment, you will be asked to tell the police about the contact and communication you have experienced. The police will also ask you to give them your notes and any communication you have saved. The information will be included when the police assess the matter.

When the police have considered the case, they will usually contact the person who is stalking or harassing you and tell him or her what you told the police.

When the person concerned has had a chance to give his or her version of what has happened, the police will decide how to proceed.

Avoid dialogue 

It is important not to engage in a dialogue with the person stalking or harassing you, because it may give the impression that you are accepting the person’s contact. It may also affect the police’s possibility of issuing an exclusion order to stop him or her from approaching or contacting you.
So, do not respond to any communication from the person stalking or harassing you. In this way, you also avoid escalating a potential conflict.

If you do decide to respond to the person’s attempts at contact, restrict yourself to telling the person that you do not want to be contacted anymore.

New telephone number, new email, and new routines
If you receive harassing telephone calls, emails, text messages, etc., you should change your contact data. For example, you could change your email address or get a new, unlisted telephone number.

You can also change your routines, for example, take another route to work or buy your groceries somewhere else.

Keep a record of any and all attempts at contact

If you find that a person is stalking or harassing you, it may be a good idea to write down your experiences. Keep a log of where and when you experienced unwanted communication and what it concerned.

It is a good idea to get the names and telephone numbers of any witnesses to the person’s efforts to contact or stalk you. And you should save any letters, presents, emails, voicemail messages, text messages, or other attempts at contact.

If you go to the police, they will include information about communication or stalking in their assessment of the matter.

It is important to get help and support from your surroundings. Talk to your own network – your family, friends, or work colleagues – about your experiences.

Guidance, victim-offender mediation, and warning

In some situations, such as when the conditions for issuing an exclusion order are not (yet) satisfied, the police will provide you and the person stalking or harassing you with guidance regarding the rules in this area and try to solve any conflicts.

The police may also find that the matter is suitable for victim-offender mediation. This is a meeting between you and the person stalking or harassing you. Participation in the meeting is voluntary for both of you. A mediator will be present during the meeting, and you will be able to speak to the person who is stalking or harassing you in a secure environment.

In other situations, the police will find that a warning might be sufficient to stop the stalking or harassment. A warning means that the police warn the person stalking or harassing you that the police may issue an exclusion order if the stalking or harassment continues.

If the warning does not stop the person from stalking or harassing you, or if he or she begins harassing you again at a later time, you must contact the police so that they can review the matter.

Exclusion orders, including provisional exclusion orders

One of the steps the police can take to stop the stalking or harassment is to issue an exclusion order (or a provisional exclusion order).

What is an exclusion order (provisional exclusion order)?An exclusion order (or provisional exclusion order) means that the person stalking or harassing you is not allowed to contact or follow you. This means that he or she can neither approach you in person, orally, nor in writing. This also includes emails, text messages, social media messages, etc.

It does not matter whether the communication is harmless or unfriendly. This means that the person will not be allowed to send you flowers or presents or record friendly voicemail messages. The person must not contact you indirectly through social media either – for example by saying things about you through social media or in internet debate fora.

When an exclusion order has been issued, you should not contact the person who is subject to the exclusion order, nor should you respond to communication from him or her. If you voluntarily engage in contact with the person, this may cause the exclusion order to lapse.

In special circumstances, contact will not lead to a lapse of the exclusion order. This could be, for example, if a joint child is suddenly very ill, and one parent has to contact the other.

When can the police issue a provisional exclusion order?
A decision to issue a provisional exclusion order can be made quickly and is a temporary protection of you until a potential decision is made to issue an exclusion order or a restraining order.

The police may issue a provisional exclusion order if there is reason to suspect someone of having invaded your privacy by stalking you or bothering you with in-person, oral, or written communication.

The police may also issue a provisional exclusion order against a person if there is reason to suspect that he or she has committed a criminal offence which invades your privacy. This could be if he or she has gained access to your home, has made criminal threats against you, or has vandalised your belongings.

In both situations, it is a condition that there is reason to think that the person will continue to invade your privacy. This could be if he or she has been invading your privacy for some time, or if the police have given him or her a warning without this causing the stalking or harassment to stop.

The police cannot issue a provisional exclusion order if the person stalking or harassing you has a reasonable interest in contacting you. This could be in situations where you have underage children together, if you have close family relations, or if you are neighbours.

When a provisional exclusion order has been issued, the police will investigate the case thoroughly and decide whether there are grounds for issuing a final exclusion order or a restraining order. This must be done within 60 days, as far as possible.

How long can a provisional exclusion order last?
A provisional exclusion order is valid until further notice and only lapses when it is decided to issue an exclusion order or to revoke the provisional exclusion order.

When can the police issue an exclusion order?

The police may issue an exclusion order if there is cause to suspect that a person has invaded your privacy by stalking or bothering you with face-to-face, oral, or written communication.

The police may also issue an exclusion order against a person if there is cause to suspect that he or she has committed a criminal offence that invades your privacy. An example could be if he or she has gained access to your home, made criminal threats against you, or vandalised your belongings.

In both situations, there must be cause to think that the person will continue to invade your privacy. An example could be if he or she has been invading your privacy for some time, or if, in spite of a police warning, the stalking or harassment continues.

The police may also issue an exclusion order against a person suspected of having committed or attempting to commit a gross crime against your person. This includes offences such as attempted manslaughter, robbery, deprivation of liberty, gross violence, arson, or rape. The police can only issue such an exclusion order if they find the offence so serious that you and your closest relatives should not be subjected to communication from the suspect.

An exclusion order cannot be issued if you are living with the person stalking or harassing you. You do not have to be divorced or legally separated, but cohabitation must have ended. The exclusion order will lapse if you get back together. This also applies in situations when you break up shortly after having started living together again.

If the person stalking or harassing you has parent visitation rights in relation to your joint children, the exclusion order will be drawn up in such a way that he or she will still be able to exercise these rights. If you have any questions regarding parent visitation rights, you can contact the Agency of Family Law.

An exclusion order may be expanded to include other members of your household if this is necessary to stop the stalking or harassment. If, for example, you are contacted through your child or spouse, the exclusion order may be expanded so that the person stalking or harassing you cannot contact them either.

You can read about the possibility of filing a complaint against an exclusion order below.

How long can an exclusion order last?
An exclusion order can be granted for a period of up to five years. When the exclusion order expires, a new one may be issued if the conditions are still satisfied.

The police may also issue a restraining order against the person stalking or harassing you.

Restraining orders

What is a restraining order?
A restraining order means that the person stalking or harassing you will be banned from staying in or going to a specific area. This could be a ban against being in the vicinity of your home, your place of work or education, and other places you often go to, such as a sports facility or a specific supermarket.

When can the police issue a restraining order?

The police may issue a restraining order against a person suspected of having committed a gross crime against your person. The police may also issue a restraining order against a person who has repeatedly invaded your privacy by stalking you, pestering you with unwanted contact, or vandalising your belongings. In addition, the police may issue a restraining order against a person who has violated an exclusion order.

The police may issue a restraining order if they find that the conditions for issuing an exclusion order are satisfied but that an exclusion order is insufficient to protect you against the person stalking or harassing you.

In some situations, a restraining order cannot be issued. This applies, for example, if the person stalking or harassing you is your neighbour and therefore cannot refrain from being in the vicinity of your home. Like an exclusion order, a restraining order may be expanded to include other members of your household necessary to stop the stalking or harassment. A restraining order may be combined with an exclusion order and/or a removal order.
How long can a restraining order last?

Hvor længe kan et opholdsforbud vare?
A restraining order can be given for a period of up to one year. When the order expires, a new restraining order may be issued if the conditions are still satisfied.

Removal order

Under special circumstances, the police may remove a person who is living with you.

What is a removal order?
A removal order means that the person is not allowed to stay in your joint home. The police may detain the person for up to 24 hours while the removal order case is being considered. This means he or she will be removed from your joint home even though the police have not yet decided whether to issue a removal order.

When can the police remove someone? 
If you are living with a person over the age of 18 who is suspected of having subjected you or another member of the household to a sexual offence, unlawful coercion, violence, threats of violence, or other crimes against the person, the police may remove the suspect from your joint home.

The police may only remove the suspect if there are specific reasons to believe that he or she will commit a similar offence if he or she remains in the home. A removal order may be combined with an exclusion order and/or a restraining order.

How long can a removal order last?
A removal order can be given for a period of up to four weeks. When the order expires, the removal may be extended if the conditions are still satisfied.

If the stalking or harassment continues

If the person who has been issued with an exclusion order, a restraining order, or a removal order contacts you, you must write down what has happened. You must also keep any letters, emails, text messages, or other communication you might have received. You must refrain from responding to any communication and from contacting the person in any other way. Instead, you should pass the communication you received on to the police.

If the prosecution service finds that the person in question can be proved to have violated the exclusion, restraining, or removal order, he or she will be indicted. This means the case will go to court. If you have to appear in court to give evidence as a witness, you will receive a letter about where and when the hearing will take place.

In some situations, a free legal advocate will be provided to you if you have to give evidence in court. The police will tell you about your options for obtaining a legal advocate.

Violations of an exclusion, restraining, or removal order may be punishable by a fixed penalty or imprisonment.

Complaints against exclusion, restraining, or removal orders

The police will decide if the conditions for issuing an exclusion order or a restraining order are satisfied. The police will also decide if the conditions for removing someone from your joint home are satisfied.

Complaints
The person who has been issued with an exclusion, restraining, or removal order is entitled to file a complaint against the police’s decision. The state prosecutor’s office will deal with the complaint.

You are also entitled to file a complaint to the state prosecutor if the police refuse to issue an exclusion, restraining, or removal order.

Bringing the matter before the court
A person who has been issued with a restraining order or a removal order is also entitled to demand that the decision be brought before the court. The court will usually hear a complaints case without your having to testify in court. If, exceptionally, you are required to testify in court as a witness, you are entitled to obtain a legal advocate.

Compensation

You will be able to get compensation from the state for injuries suffered as a consequence of someone violating an exclusion, restraining, or removal order. The police will be able to tell you how to apply for compensation. If you have a legal advocate, he or she can help you calculate the claim for compensation. You can read more at the Criminal Injuries Compensation Board’s website.

What is a hate crime?

A hate crime (hadforbrydelser) is a crime motivated by hostility towards the group to which the victim belongs or is perceived to belong.

If you are the victim of a crime, for example violence or threats, and it is committed because of your ethnic origin, faith, disability, sexual orientation, gender identity, gender expression or sex characteristics, it is considered a hate crime and may result in a more severe sentence for the perpetrator.

Example:

  • A defendant had spat at a gay man and punched him in the face after seeing the man receive a kiss on the cheek from his male partner. The defendant had repeatedly said “disgusting”, and there had been no prior contact between the defendant and the man. The defendant was sentenced to 80 days’ imprisonment for violence, and the sentence was increased because the offence was a hate crime.

 

If a group of people is threatened, insulted or degraded on the basis of their race, skin colour, national or ethnic origin, faith, disability, sexual orientation, gender identity, gender expression or sex characteristics, it is known as hate speech, which is a criminal offence.

Example:

  • The defendant had shouted at a woman of non-Danish ethnic origin in a public street: “Go back to where you came from. Young immigrants rape and rape.” The defendant was sentenced to 20 day-fines of DKK 100 each, as the statement was considered an insult directed at a group of people on the basis of their ethnic origin and therefore constituted hate speech.

 

Everyone has the right to be treated equally. If you are refused or treated less favourably because of your race, skin colour, national or ethnic origin, faith, sexual orientation, gender identity, gender expression or sex characteristics, this may constitute unlawful discrimination.

Example:

  • A doorman had refused a person entry to a nightclub because of the person’s ethnic origin. The doorman was fined DKK 1,000 for unlawful discrimination.

You can read more about hate crime in the section of the Instruction from the Office of the Director of Public Prosecutions concerning hate crime, and you can find more examples of specific cases involving hate speech under ”Hadforbrydelser” here.

 

When is an act punishable as a hate crime?

A hate crime can take many different forms, and its severity and intensity can vary considerably.

For an act or a statement to be punishable as a hate crime, a number of conditions must be met. It is therefore not enough that you perceive an act or statement as a hate crime.  The police and the Prosecution Service must also be able to prove that the legal requirements for a hate crime have been met.

For hate speech to be punishable, for example, a statement must have been made in public or with the intention that it be disseminated to others.

If the sentence for a violent assault is to be increased because it constitutes a hate crime, the assault must have been motivated, wholly or partly, by the victim’s ethnic origin, faith, disability, sexual orientation, gender identity, gender expression, sex characteristics or similar factors; there must have been a hate-based motive.

The police always make an individual assessment of each case, taking into account things like witness statements, social media posts, etc.

If you believe that a crime may have been motivated by hatred or prejudice, it is therefore important that you tell the police. This may help the police investigate the case as a hate crime.

Reporting a crime

If you have been subjected to hate crime, undergoing an investigation and potentially a trial can feel difficult and overwhelming. The police and the Prosecution Service understand that the process can be emotionally challenging.

It is important that you report the crime as soon as possible. You can report the crime to the police by telephone, in writing or by going to a police station in person. The police can also take your report at the scene of the crime.

You are not required to report the crime to the police, but you may need to do so if, for example, you wish to seek compensation for an injury you have suffered as a result of the crime.

The police’s interview

An interview usually takes place at a police station, but it can also take place at the crime scene or over the phone. The police will type your statement, and you will have the opportunity to review it and sign it. It may be necessary to interview you several times during the investigation.

Medical examination

If you have been subjected to violence, it is a good idea to be examined at the emergency department as soon as possible after the incident. At the emergency department, a doctor will examine you and document your injuries in your medical record.

It is up to you whether you want to be examined, but the examination may be essential if the case goes to court at a later time or if you bring a claim for compensation. The doctor’s description of your injuries may be used as evidence in the criminal case.

If a child is to be examined by a doctor, one of the parents must generally give consent to the examination.

Contact person

If the police expect you to give evidence in court, you may be assigned a contact person at the police. You will be assigned a contact person during your first police interview or as soon as possible thereafter. The contact person can advise you on the course of the criminal case and any special considerations in court. You can contact this person at any time during the process if you have any questions.

Legal advocate

As a victim of violence or other crimes against persons, you may in some cases be eligible for a legal advocate (bistandsadvokat). A legal advocate is free of charge and can help represent your interests throughout the criminal proceedings. During your interview, the police will inform you about your options for having a legal advocate appointed. The court decides whether a victim is entitled to a legal advocate.

A legal advocate provides advice and guidance during the police investigation. The legal advocate can also explain how the criminal proceedings work, be present with you if the case goes to court and help you seek compensation.

Compensation

If your insurance company has covered your loss, for example stolen or damaged belongings, you do not need to do anything further. If the perpetrator is convicted, the insurance company may seek to recover the compensation from the perpetrator.

If you do not have insurance, or if your insurance does not cover your entire loss, you can ask the police to include your claim for compensation if the case goes to court. You must be able to document your loss with, for example, photos, receipts or similar evidence. You can also present your claim for compensation in court yourself.

Compensation under the State Compensation to Victims of Crime Act

If you have suffered a personal injury as a result of violence, you may in some cases be entitled to compensation from the Danish state. Compensation may cover, among other things, medical expenses, loss of earnings and compensation for days off work due to illness.

As a general rule, you must have reported the crime to the police no later than 72 hours after it was committed in order to receive compensation from the Danish state.

On the website of the Department of Civil Affairs (Civilstyrelsen), you can read about the conditions for receiving compensation for victims of crime and find guidance on how to apply.

If you have a legal advocate, they can help you seek compensation. The police can advise you on how to seek compensation.

If the case goes to court

When a crime is reported, the police will first assess whether there are grounds to investigate the case. Not all reports lead to an investigation or a trial.

Once the police have investigated a case, the Prosecution Service will assess whether there is sufficient evidence to bring formal charges and refer the case to the court. The court then hears the case, and evidence is presented and witnesses testify before the court reaches a decision. You can read more about the process here – from reporting a crime to the final decision.

If you are summoned to appear as a witness in court, you will receive a letter stating the time and place of the hearing.

Notice of release

In cases involving more serious offences under the Danish Criminal Code, such as violence, where the perpetrator is sentenced to an unconditional prison sentence, you may, as a victim, ask the police to notify you when the perpetrator has served their sentence, is released on parole, has their first unaccompanied leave from prison, or participates in a television or radio programme or similar. However, certain conditions must be met. Your legal advocate or the police can advise you on your options for receiving notification.

You can read more about:

Help and advice from other government agencies and organisations.

Your options as a surviving relative.

How conflict mediation works.

How it works if you have been asked to give evidence in court. 

Reporting the crime

If you have been sexually assaulted, it can seem overwhelming and harsh to have to go through a police investigation and perhaps a court case. The police and the prosecution service know this is an emotionally demanding process and we will do our best to help you along the way.

Contact person

The police will give you the name and telephone number of a contact person from the police service. You can call the contact person if you have any questions, or if you need to talk about the case. The contact person is typically a police officer.

Legal advocate

You have the right to free legal counsel; an attorney who can help you with your case, who is known as a legal advocate. The court will find a legal advocate for you. If you know an attorney you would like to help you, you can tell the police.
Normally, you can talk to your legal advocate before the police interview you the first time. However, the police may also need to ask you some questions before your legal advocate arrives.

The police interview

The police are responsible for investigating your case. That means they need to find out:

  • What happened
  • Whether what happened is a criminal offence
  • Who did it

The police usually start by talking to you. This is called an interview and takes place at the police station. Normally, only you and a police officer are in the room, but your legal advocate and a local authority representative may also be present. The police will transcribe your statement in a police report.

The police also interview other people with knowledge of the case. Read more about the criminal justice process.

Medical examination

Is it up to you whether to consent to an examination by a doctor, but in some cases one is necessary to secure evidence. The police will ask you and your parents for permission for a doctor to examine you if the police find it necessary. You will be examined at the hospital casualty department, the Centre for Victims of Rape, or the Centre for Victims of Sexual Abuse by people who are trained to examine victims of sexual assault.

Testimony in court

If your case goes to court, you will receive a summons to a court hearing. At the hearing, you will have to relate what happened. Your legal advocate will accompany you, and he or she will explain what is going to happen and what you have to do. You may also have other people accompany you unless they are also going to be heard in the case.

When the time comes for you to explain what happened, usually only the people connected with the case are allowed in the courtroom (the session will be closed). This means there are no spectators. It also means that anything said in court must not be made public. For example, no one may write about it in the newspaper or broadcast it on television.

It can be difficult for you to tell your story to strangers in the courtroom. Your legal advocate or contact person in the police service can explain how things can be made a bit easier for you.

Compensation

If you have been sexually assaulted, you can claim compensation. The compensation will be paid out of public funds, and the offender may later be required to repay the amount. Your legal advocate can explain the procedure and help you ask for compensation in court.

Who can help?

If you need advice or guidance in addition to what the police, the prosecution service, or your legal advocate gives you, there are several places you can contact. Your local authority can often help if you need support after being sexually assaulted. In some cases, your own doctor can refer you to a psychologist.

Here you can read more about the other advice services available to you if you have been sexually assaulted.

Reporting a crime

If you have been the victim of a crime abroad, you must report the crime in the country where it was committed. If this has not been possible, or if you have been subjected to sexual assault, serious violence, including female circumcision, or similar crimes, you can report the crime to the Danish police.

You can report the crime by telephone, in writing or by going to a police station in person.

As a general rule, the police in the country where the crime was committed will investigate and handle the case. This also applies if you report the crime to the Danish police.

Legal advocate

As a general rule, it is the authorities in the country where the offence took place that decide whether you can be appointed a local lawyer to assist you with the court proceedings abroad at no cost to you.

If you do not have a legal advocate in the country where the crime was committed, you may in some cases be appointed a legal advocate in Denmark even if the case is being investigated and handled in another country. Danish police can advise you on the rules for being appointed a legal advocate in Denmark. As a general rule, you can only be appointed a Danish legal advocate if you have been the victim of a sexual offence or a more serious offence under the Danish Criminal Code, such as violence or threats. Ultimately, however, it is the court that decides whether the conditions for being appointed a legal advocate are met in your particular case.

Compensation

If your insurance company has covered your loss, for example stolen or damaged belongings, you do not need to do anything further. If the perpetrator is convicted, the insurance company may seek to recover the compensation from the perpetrator.

If the crime was committed abroad, you will generally not be entitled to compensation under the Danish rules on compensation for victims of crime. This applies, for example, if you are the victim of a crime while travelling as a tourist in another country.

In some cases, however, you may be entitled to compensation even if the crime was committed abroad. This may, for example, be the case if you are resident in Denmark and the crime took place while you were on a business trip.

As a general rule, you must have reported the crime to the police no later than 72 hours after it was committed.

On the website of the Department of Civil Affairs (Civilstyrelsen), you can read about the conditions for receiving compensation for victims of crime and find guidance on how to apply.

If you are not entitled to compensation under the Danish rules, you can apply for compensation in the country where the crime was committed.

If the crime was committed in another EU country, the Criminal Injuries Compensation Board (Erstatningsnævnet) can assist you with your application.

If the crime was committed outside the EU, the Ministry of Foreign Affairs’ Citizen Service (Udenrigsministeriets Borgerservice) or the Danish embassy can help you find an English-speaking lawyer. The lawyer can advise you on your options for obtaining compensation and help you find information about the rules in the country concerned.

Legal advoctae and contact person

Learn more about your options for a legal advoate or contact person if you have been the victim of a crime.

Are you a relative of a victim?

Special information for close surviving relatives of victims of crime.

Compensation

Learn more about compensation if you have been the victim of a crime.

 

Help and guidance

Here you will find information about organisations and public authorities that may be useful for you.

Help and Guidance for Victims