Year: 2024
Year: 2023
Year: 2023
Year: 2022
Not Yet Assessed
Partial
Danish law provides for active and passive extraterritorial jurisdiction over SEC related offences. Double criminality is lifted for active extraterritorial jurisdiction over SEC offences but applies to passive extraterritorial jurisdiction. Universal jurisdiction is provided for crimes committed abroad when Denmark has to prosecute them under international law and for crimes committed abroad if they are punishable for at least one year of imprisonment under the laws of Denmark and the place of the commission (double criminality), but only if the extradition is refused. CSAM-related offences committed abroad can be prosecuted by Danish Courts if they have a special relation to Denmark.
Denmark can extradite its nationals and foreigners to Nordic countries under the Nordic Warrant, EU countries under the European Arrest Warrant (EAW), and other countries under an agreement if the alleged perpetrator has been resident in the requesting State for at least two years and the act would be punishable under Danish law by imprisonment for at least one year (double criminality); or if such act would be punishable under Danish law by more than four years imprisonment.
SEC offences are referred to as extraditable under the European Arrest Warrant (EAW) framework within the EU without requiring double criminality if the act is punishable by a maximum period of at least three years of imprisonment in the requesting State.
Criminal Code, Law on Extradition, Law on Extradition to Finland, Iceland, Norway and Sweden (The Nordic Warrant), 2021, 2020, 2007
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