The criminal justice process

If you have been the victim of or witnessed a crime, you should report it to the police. You can report certain crimes via the police’s website. You can also report a crime 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.

If you have suffered a personal injury, for example as a result of violence, you may in some cases be entitled to compensation from the state once the criminal proceedings have been concluded. As a general rule, you must report the crime to the police within 72 hours of it being committed. This does not apply to cases involving rape, incest or sexual abuse of children committed after 1 April 2016. You can read more about compensation on the Criminal Injuries Compensation Board’s website

When a crime is reported, the police will begin an investigation if there is a reasonable presumption that a criminal offence has been committed. The police will often begin by interviewing people who witnessed the incident or who have information relevant to the case. The police may also examine technical evidence, such as fingerprints, DNA or video recordings.

If the police consider that there are reasonable grounds to suspect a particular person, they will provisionally charge that person for the offence. Once the investigation is complete, the Prosecution Service will decide what happens next.

In some cases, the police will decide that there are no grounds to initiate an investigation. This may be because the reported conduct does not constitute a criminal offence. In such cases, the police will reject the report and take no further action.

The police may also decide to discontinue an investigation. This may happen if it is not possible to identify the perpetrator and there are no further leads to pursue.

If you are the victim of a crime, you will be notified if the police decide not to proceed with the case. You may appeal that decision. You will receive information on how to file an appeal along with the decision.

The Prosecution Service will bring formal charges if it considers that there is sufficient evidence to convict a person who has been provisionally charged with the offence. Bringing formal charges means that the case is referred to the court with an indictment setting out the offence the person is charged with. The person who was previously provisionally charged is now formally charged.

When the court receives the indictment, a date and time will be set for the hearing. The defendant and any witnesses will then be summoned to attend.

A case may be concluded without going to trial if the Prosecution Service decides not to bring formal charges.

Even if the police have provisionally charged a person, the Prosecution Service may decide not to proceed with the case before the court. This typically happens if the Prosecution Service considers the evidence too weak for a court to convict the provisionally charged person.

As a victim, you cannot decide whether criminal proceedings should be brought against the provisionally charged person. The Prosecution Service makes this decision. If the Prosecution Service decides not to bring charges in the case, you will be notified.

You may appeal the Prosecution Service’s decision to withdraw prosecution (påtaleopgivelse). You will receive information on how to file an appeal along with the decision. If you have a legal advocate (bistandsadvokat), they can provide further information about your options for filing an appeal.

In less serious cases, the case may also end with the provisionally charged person being ordered to pay a fine or with a decision to drop charges. A decision to drop charges (tiltalefrafald) means that the Prosecution Service considers the provisionally charged person guilty, but no trial will take place. In some cases, the decision to drop charges may include certain conditions that must be complied with. As a victim, you cannot appeal a decision to drop charges.

When the Prosecution Service refers a case to the court, a date and time will be set for the hearing. The defendant and any witnesses will then be summoned to attend.

The hearing itself is called the trial proceedings (hovedforhandling).

In the district court

In the district court, the hearing begins with the prosecutor reading out the indictment. The indictment describes the offence that the case concerns. The defendant is then asked whether they plead guilty or not guilty.

The defendant is then examined; first by the prosecutor and then by the defence counsel. The defendant is not required to make a statement or answer questions.

Once the defendant has given evidence, the witnesses are summoned into the courtroom one at a time. They are generally first examined by the prosecutor and then by the defence counsel.

If there are documents that are relevant to the case, such as a medical certificate or a criminal record, the prosecutor will read them out.

Finally, the prosecutor and the defence counsel will present their closing arguments in the case. During the closing arguments, the prosecutor and the defence counsel will typically first address the question of guilt, i.e. whether the defendant is guilty or not. They will then explain what sentence they consider appropriate if the defendant is found guilty.

After the closing arguments, the defendant has the opportunity to make a final statement.

The judges will then leave the courtroom to deliberate. This means that they will consider whether the defendant is guilty and, if so, what sentence the defendant should receive.

When the judges have finished deliberating, they return to the courtroom and pronounce the judgment. If the judgment cannot be delivered immediately, the case will be set down for judgment. This means that the judgment will be delivered at a later date. During the hearing, the judge will announce when the judgment will be delivered.

In the high court

If the defendant or the Prosecution Service appeals the judgment, the high court will hear the case.

In the high court, the hearing usually begins with the reading of the district court’s judgment. The Prosecution Service will then present the documents in the case. The defendant will then be examined. The examination usually begins with the defendant’s evidence from the district court proceedings being read out. The prosecutor and the defence counsel will then have the opportunity to ask supplementary questions.

Once the defendant has finished giving evidence, the court will examine any witnesses called. The witness examination will usually begin with the witness’s statement from the district court being read out. The prosecutor and the defence counsel may then ask supplementary questions. As a general rule, witnesses are first examined by the prosecutor and then by the defence counsel.

Once the defendant and all witnesses have given evidence, and the documents in the case have been reviewed, the prosecutor and the defence counsel will present their closing arguments. The defendant will also have the opportunity to make a final statement.

The judges will then leave the courtroom to deliberate. When the judges have finished deliberating, they return to the courtroom and pronounce the judgment. If the judgment cannot be delivered immediately, the case will be set down for judgment. This means that the judgment will be delivered at a later date. During the hearing, the judge will announce when the judgment will be delivered.

A judgment in criminal proceedings is the court’s decision as to whether the defendant is guilty and what sentence they will receive.

The court delivers its judgment once all evidence has been presented and the defence counsel and the prosecutor have presented their closing arguments. In some cases, the court delivers judgment several days after the hearing. The judge will announce when the judgment will be delivered.

When a judgment is read out, everyone in the courtroom must stand.

If you are the victim in the case, you can contact the court after the judgment has been delivered to find out the outcome of the case. You may also request a copy of the judgment by writing to the court.

The defendant is generally entitled to have the case heard both by the district court and the high court. If the defendant disagrees with the district court’s judgment, they may appeal it to the high court. The Prosecution Service may also appeal the decision to the high court. In both cases, the appeal must be lodged within 14 days of the judgment being delivered.

As the victim in the case, you cannot appeal the judgment yourself. The defendant or the Prosecution Service must decide whether to appeal.

If you are the victim in criminal proceedings, you can request a copy of the judgment from the court once the case has ended.

If you were not summoned as a witness in the district court but requested to be informed where and when the district court hears the case, you will also be informed if the judgment is later appealed to the high court. You will also be notified if you are required to give evidence in the high court.

In some cases, such as cases involving serious violence or sexual offences, you may, as a victim, request that the police inform you when the perpetrator has served their sentence, is released on parole, has their first unaccompanied leave from prison, or if the perpetrator participates in a television or radio programme, etc.

Your legal advocate or the police can provide further information about your options.