[Dissent-fr-info] Legal Rights Denmark en français !!

[Dissent! France Info Newsletter]

Ci-joint le pdf en français

solidairement,

j.

Dissent! France Info Newsletter a écrit :
>   Legal Rights Denmark
> 
> 
> 
> more infos about COP 15 :  www.adghyouth.wordpress.com
> <http://www.adghyouth.wordpress.com>
> 
> *English bustcard*
> 
> Intro
> The following is a brief walkthrough of your basic legal rights in
> Denmark. Also included are a few pieces of advice, which can come in
> handy if you are confronted by the Danish police and judicial system.
> 
> On your person
> Being in posession of ammunition shelters (even empty ones), gas sprays,
> slingshots, clubs or drugs (including hashish) are considered a crime in
> Denmark. The only kind of knife it is legal to bear in Denmark is a
> folding knife with a blade no longer than 7 cm, which cannot be opened
> with one hand and cannot be locked in open position. Police have also
> arrested people for carrying a screwdriver. Violation of the weapon law
> results in very large fines or worse.
> 
> The mask prohibition
> It is illegal to use any form of mask at demonstrations in Denmark.
> Furthermore, the law has been formulated in such a way that you can get
> arrested for 
attempting to break the prohibition
. This means that you
> can get arrested for carrying a scarf in your pocket. You dont have to
> actually attend a demonstration to get arrested, it is enough that the
> police 
estimate
 that youre on your way to one. Normally the cops only
> enforce the prohibition at demonstrations though.
> 
>  
> 
> When stopped by the cops
> You are only obliged to tell the police your full name, nationality,
> address and date of birth. Nothing more! If in doubt of your identity
> the cops have the right to take you in for further questioning.
> 
>  
> 
> Body search
> The cops are only allowed to perform a body search on you if they have a
> validated suspicion (and they usually do) that you possess something
> illegal (drugs, weapons).
> The head of the Copenhagen police department have recently made zones in
> the inner city and in Christiania where the police are allowed to search
> everybody without giving a reason for it. These zones can be made from
> one day to the next, and it is therefore impossible to say exactly were
> they are.
> You have the 
right
 to be body searched by a police officer of your own
> gender, when the police present determents that its possible&
> 
>  
> 
> The arrest
> If you get arrested then you still only have to give the cops your name,
> address, nationality and date of birth, thats it. You have the right to
> know the reason for your arrest, so demand that they tell you. You will
> most likely be taken to a police station and locked in a detention cell.
> You have the right to a phone call, but the cops will usually deny you
> this or offer to make the call for you. You also have the right to
> medical attention if you are hurt or need medicine. The cops will want
> to interview you, but do NOT tell them anything, remember that theyre
> only trying to gather evidence against you and maybe your friends. You
> have the right to remain silent, use it.
> You are not obliged to acknowledge the charges against you, and you
> dont have to sign anything.
> After 24 hours (72 hours for foreigners), you must be put in front of a
> judge or set free. The Judge can decide to sentence you to stay in
> custody for min. 1 and max. 4 weeks, uphold the arrest for 72 hours or
> let you free.
> If youre under 18 the police are obliged to take contact to your
> parents and have a person from the social authorities present at the
> interview. This person is NOT your friend, he or she will most likely
> tell you to answer the cops questions. Dont do it. If youre under 15
> the cops can detain you, 
if no other way is possible
 in a detention
> cell, normally not for more than 6 hours, but under 
special
> circumstances
 they can keep you for 24 hours.
> It cannot be said too many times; never talk to cops, never make a
> statement, you can only make things worse for yourself and your friends.
> 
>  
> 
> Preventive arrest
> The cops can make preventive arrests if they estimate that you are a
> potential troublemaker. This means that they can arrest you BEFORE you
> have done anything illegal. They can keep you for up to 6 hours, longer
> if they consider it necessary.
> 
>  
> 
> Unlawful arrest
> If they police arrest you and for one reason or another drop the charges
> against you or you are found not guilty in court, you have the right to
> get compensation for unlawful arrest. Always demand to get this
> compensation, the amount varies depending on how long you were detained
> but its always worth making an effort to get the police to pay up.
> 
>  
> 
> Lawyers
> Its always a good idea to have the names of one or more good lawyers in
> your possession. Ask around for names when youre in a new place.
> You have the right to have a lawyer present at the police interview, but
> as long as you dont say anything, you wont need one. If you have the
> impression that the police will put you in front of a judge, then insist
> on having the name of the lawyer you wish to defend you, written in the
> police report. If the police 
are not able to contact
 the lawyer you
> wish to defend you, you will be assigned a lawyer by the state for the
> preliminary hearing. If this is the case, you can always change your
> lawyer in time for the next hearing. To be able to pick your own lawyer
> makes a big difference, maybe not so much in the preliminary hearing;
> because the police prosecutors usually get what they want (latest
> statistics say 9 out of 10 times). But it is very important to have a
> decent lawyer, especially at the following court dates.
> 
>  
> 
> Expenses
> If you lose a case, youll have to pay all expenses, including your own
> lawyers fee. If you win, the state pays all expenses.
> 
>  
> 
> Preliminary Hearing
> The preliminary hearing will be held in the police-district where you
> were arrested. You will be put before a judge, and you still have the
> right to remain silent. It is almost always the best idea to use this
> right, because you have all the odds against you at the preliminary
> hearing (no witnesses to verify your story, no documentation etc). The
> police prosecutor on the other hand, will have police reports and
> possibly other hard evidence against you. If your lawyer advises you to
> break the silence, consider the situation carefully. Anything you say
> will be used against you at later court hearings. If you have the least
> bit of mistrust towards the lawyer you have been appointed, dont say
> anything. In virtually all preliminary hearings the police prosecutor
> gets their will, no matter if you talk or not. If youre sentenced to
> stay in jail the judge will ask you if you wish to appeal the decision
> to a higher court. Its always best to say no to that question, but tell
> the judge to make a note that you want the right to appeal to the higher
> court at any time before your next hearing. After having talked to your
> lawyer and the two of you together have considered your chances of
> getting a positive response from the appeal you can decide if you wish
> to do so. The reason for considering the appeal carefully is that unless
> you have VERY good reasons the higher court will nearly always agree
> with the judge you stood before at the preliminary hearing and at the
> next hearing this judge will use the decision of the higher court to
> keep you in prison.
> 
>  
> 
> Custody
> If you are sentenced to remain in custody, you will be imprisoned for at
> least 1 and maximum 4 weeks before you again will be put in front of a
> judge. You run the risk of getting letter and visit control, which means
> visits from the outside will be under surveillance and that the cops
> will read all your mail (in and out going) to see if they can find
> something that can incriminate you even further. This also means that it
> will take some time, 5 days or more, for letters to get through to you.
> Even if you dont have letter control, always assume that the cops are
> reading your mail. You usually have the right to make a single phone
> call a week. This phone call is sometimes monitored by the prison
> guards, wholl call the police if they think youre saying things that
> can be of interest in your case.
> The judge can, under certain circumstances, decide to put you in total
> isolation, which means you dont even have contact with other prisoners.
> This is the hardest form of imprisonment.
> 
>  
> 
> Prison
> If you are sentenced to remain in custody it is extremely important that
> you dont loose hope. Remember there are friends on the outside, waiting
> for you and working for your release. The system uses isolation, boredom
> and uncertainty to break you. So stay cool and focused, even though its
> not an easy task. Try to do as much as you can to kill the time in a
> meaningful way. Ask to be taken to the library, write letters, ask to be
> allowed to go to the workout room, sign up for school, sign up for gym
> class. Ask the guards and the other prisoners what your possibilities
> are. Even things that on the outside would be a terrible waste of life,
> like going to the prison church or talking to a priest, can be a halfway
> meaningful thing when you are locked up. Especially since the teachers
> and priests are not guards. If you dont have visit and letter control,
> ask the guards to give you visiting applications and then send them to
> your friends as fast as possible, so they can apply for a visit. The
> process is also long and bureaucratic, but a visit from the outside is
> something that is worth fighting for. If you have visit and letter
> control you have to apply to the police for visits to be allowed.
> Try to get a daily routine on the inside, the prison system is a machine
> and it wants you to be institutionalized as fast as possible. Dont fall
> into what seems to be the 
easy
 path through the prison system. People
> who conform to the prison way of life are the ones that have the hardest
> time to function in real life when they get out. Make your own routines;
> stay up all night sometimes, communicate with the prisoners in the
> nearby cells, find the loopholes in the prison rules and use them,
> insist (in a friendly way if necessary) that the guards speak to you and
> treat you with respect (not that it always has any effect, but at least
> youve tried).
> Talk to other prisoners, most are not as unfriendly as they might seem,
> after all, you have a common adversary in the guards and the police.
> What you must never do is to take loans from other prisoners and
> especially those who push drugs. Debth in the prison system quickly gets
> doubled and doubled again, until youre up to your neck in shit.
> 
>  
> 
> House raid
> If youre charged with a crime, imprisoned or just under suspicion in a
> case, which the cops estimate has involved some sort of planning; its
> likely that your home address will be raided.
> As roommate or resident of an address which is the same as a
> suspect/prisoner, it is important to be aware of the risk of the cops
> showing up with a search warrant. If they are not let in, they can
> legally break down your door.
> You should always demand to see the search warrant BEFORE you let cops
> inside your home. You have to be aware though, that they under certain
> circumstances can perform a house raid without a warrant and then go to
> a judge within the next 24 hours and obtain a warrant 
with retroactive
> effect
. If this happens you should meet up in court with a lawyer and
> protest to the raid.
> You have the right to be present while the cops perform the search. You
> also have the right to an impartial witness (this could be a neighbor).
> It is important that you use this right, as it can help to minimize the
> amount of vandalism the cops will inevitably exercise on your home.
> 
>  
> 
> Deportation
> The Danish authorities are very keen on shipping non-Danish citizens out
> of the country, even for minor offences. They have been known on several
> occasions to arrest people, give them a warning for some ridicules
> misdemeanor and then deport them. They can do this because of Denmarks
> extremely harsh and rightwing immigration laws. If you get deported you
> will usually not be allowed to enter the country again for a period of
> 1-5 years. The cops have recently started to demand that people arrested
> for minor offences (like shoplifting or traffic violations) pay their
> fines before they can get released.
> 
>  
> 
> Keep your eyes open
> At big demonstrations and actions it is a good idea to keep an eye on
> your friends and have them to keep an eye on you. Then you will be able
> to help each other if potentially dangerous situations arise. Its also
> easier to find out later who is arrested, and who are maybe just lost in
> the crowd.
> 
>  
> 
> Mobile phones
> Be aware that if youre arrested with your phone on you, the police will
> have easy access to all your contacts, phone calls and sms activity
> youve had prior to your arrest. Understand that your whereabouts on any
> given time can be determined by which phone mast youre using when
> you´re operating your phone. This is pretty accurate (depending how many
> masts are in the area); from a few hundred meters to a dozen or less.
> The information is stored by the phone companies for (at least) a year,
> so the police can map where youve been a year back if they need to.
> Another thing to be aware of is that the police prosecutor sometimes use
> as an excuse for imprisonment that the police 
need time
 to investigate
> your phone activities.
> 
>  
> 
> Computers
> Some of your internet activities in DK are stored for one year. This
> means that homepages and servers you visit to some extent can be mapped.
> Also recipients of emails you send and receive can be tracked, at least
> to the server theyve sent to and from. If your home is raided you can
> be sure that your computer will be confiscated. Remember that even
> deleted files and programs can be recovered from a hard disk by people
> who know what they are doing.
> 
>  
> 
> Last Words
> All of the above is not written to scare you, on the contrary: knowing
> what youre up against can only make you stronger and better capable to
> deal with cops and judicial system. Yes, you have some rights. They are
> supposed to be respected by the police, courts and prison system, more
> than often they are not. Police use excessive violence, charge you with
> crimes you havent committed and lie in court. Judges will convict you,
> not by the evidence against you, but by prior felonies, the way you look
> and who your friends are. Sometimes prison officials will try to make a
> near hopeless situation even more desperate. Dont give in to their terror.
> Remember that theyre breaking their own rules to make their shitty
> system work. Its their justice, not ours.
> 
> 
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