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<h1 style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Legal Rights Denmark</span></h1>
<br>
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<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><b><span
lang="EN-GB">English
bustcard</span></b><span lang="EN-GB"></span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Intro<br>
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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">On your person<br>
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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">The mask prohibition<br>
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 don’t have to actually attend a demonstration
to get
arrested, it is enough that the police “estimate” that you’re on your
way to
one. Normally the cops only enforce the prohibition at demonstrations
though.</span></p>
<p class="MsoNormal" style="line-height: 12pt;"><span lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">When stopped by the
cops<br>
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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Body search<br>
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).<br>
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.<br>
You have the “right” to be body searched by a police officer of your
own
gender, when the police present determents that it’s possible…</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">The arrest<br>
If you get arrested then you still only have to give the cops your
name, address,
nationality and date of birth, that’s 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 <span>NOT</span>
tell them anything, remember that they’re only trying to gather
evidence
against you and maybe your friends. You have the right to remain
silent, use
it.<br>
You are not obliged to acknowledge the charges against you, and you
don’t have
to sign anything.<br>
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.<br>
If you’re 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 <span>NOT</span> your friend, he or she will most likely tell you
to answer the cops’ questions. Don’t do it. If you’re 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.<br>
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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Preventive arrest<br>
The cops can make preventive arrests if they estimate that you are a
potential
troublemaker. This means that they can arrest you <span>BEFORE</span>
you have done anything illegal. They can keep you for up to 6 hours,
longer if
they consider it necessary.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Unlawful arrest<br>
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 it’s always
worth
making an effort to get the police to pay up.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Lawyers<br>
It’s always a good idea to have the names of one or more good lawyers
in your
possession. Ask around for names when you’re in a new place.<br>
You have the right to have a lawyer present at the police interview,
but as
long as you don’t say anything, you won’t 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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Expenses<br>
If you lose a case, you’ll have to pay all expenses, including your own
lawyers
fee. If you win, the state pays all expenses.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Preliminary Hearing<br>
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,
don’t say
anything. In virtually all preliminary hearings the police prosecutor
gets
their will, no matter if you talk or not. If you’re sentenced to stay
in jail
the judge will ask you if you wish to appeal the decision to a higher
court. It’s
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 <span>VERY</span> 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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Custody<br>
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.<br>
Even if you don’t 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, who’ll call the
police
if they think you’re saying things that can be of interest in your case.<br>
The judge can, under certain circumstances, decide to put you in total
isolation, which means you don’t even have contact with other
prisoners. This
is the hardest form of imprisonment.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Prison<br>
If you are sentenced to remain in custody it is extremely important
that you
don’t 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 it’s
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 don’t 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.<br>
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. Don’t 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 you’ve tried).<br>
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
you’re up to your neck in shit.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">House raid<br>
If you’re charged with a crime, imprisoned or just under suspicion in a
case,
which the cops estimate has involved some sort of planning; it’s likely
that
your home address will be raided.<br>
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.<br>
You should always demand to see the search warrant <span>BEFORE</span>
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.<br>
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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Deportation<br>
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 Denmark’s 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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Keep your eyes open<br>
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. It’s also easier to
find out
later who is arrested, and who are maybe just lost in the crowd.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Mobile phones<br>
Be aware that if you’re arrested with your phone on you, the police
will have
easy access to all your contacts, phone calls and sms activity you’ve
had prior
to your arrest. Understand that your whereabouts on any given time can
be
determined by which phone mast you’re 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 you’ve
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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Computers<br>
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
they’ve
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.</span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB"> </span></p>
<p style="margin: 0cm 0cm 0.0001pt; line-height: 12pt;"><span
lang="EN-GB">Last Words<br>
All of the above is not written to scare you, on the contrary: knowing
what
you’re 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 haven’t
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. Don’t give in to their terror.<br>
Remember that they’re breaking their own rules to make their shitty
system work.
</span>It’s their justice, not ours.<span lang="EN-GB"></span></p>
<span lang="EN-GB"></span> <br>
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