Denmark
| Author | Kaine Jones, Mekisha Smith, Robert Hanser, Nathan Moran |
| Pages | 342-349 |
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Official country name: Kingdom of Denmark
Capital: Copenhagen
Geographic description: Located on an archipelago north of Germany on the Baltic Sea; also includes three major islands: Jutland, Sjaelland, and Fyn
Population: 5,432,335 (est. 2005)
The first Danish penal code came into existence in 1683. This was the first attempt at a systematic arrangement of criminal law in Denmark. This penal code relied on the notion that all men were equal under the law. However, it is interesting to note that this penal code did not centralize the criminal processing by transferring prosecution of criminal cases to the exclusive authority of the Crown. Rather, the process of creating criminal law was one of trial and error, with four penal codes being drafted between the years of 1833 and 1841. With these revisions, judges were given discretion in sentencing depending on the seriousness of the offense and the circumstances of the offender, instead of being restricted by a set of mandatory statutory penalties. By 1866 Denmark had a modern criminal code.
During this process of penal code revision, democratic principles of government were introduced to the kingdom of Denmark. Among other things, it established nulla poena sine lege, which is the principle of legality. Straffeloven is the current criminal code in effect in present-day Denmark. This code was introduced and put into action in 1933. The Danish criminal process allows for minimum and maximum sentences instead of mandatory reactions. Judges are given a wide degree of discretion and significant cross-jurisdictional disparity exists.
According to the 1849 Constitutional Act, the branches of the Danish government are separated into the legislature (the queen and parliament), the executive (the queen through her ministers), and the judiciary. Parliament is in charge of making the laws and determining the structure in which the police function. However, it is the minister for justice who is responsible for the Danish police.
The police departments of Denmark, the Faeroe Islands, and Greenland form one national force. All are employed directly by the state. The minister for justice also acts as the chief police authority, exercising his powers through the national commissioner, the commissioner of the Copenhagen Police, and the chief constables. Fifty-four police districts (plus the Faeroe Islands
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and Greenland) divide Denmark, with district police headquarters in each district. These headquarters operate on a twenty-four-hour basis, and some headquarters also have substations. These substations have daytime hours, but do not operate on a twenty-four-hour basis. Certain police officers also work what is called "rural beats" in the more meagerly populated areas of the country.
Police in Denmark make an effort to provide safety in the local neighborhoods by utilizing community police posts that are located in a number of towns in many police districts. This is done to create increased security by strategically locating the posts as close to the local authorities and the citizens as possible. Traditional police duties are mainly handled by the community police. In cases that require the use of more officers, districts across the boundaries have readily available manpower.
The police force in Denmark is a compilation of the Uniform Branch and the Criminal Investigation Department. These groups are under the employment of the National Commissioner's Office. There is a probationary period of three years that begins from the initial employment. During the probationary period, police officers experience the core of their basic police training. The training lasts for an extended period of about four years in all.
The organizational structure of the National Commissioner's Office has eight departments and five operational units in the Danish Police Service that assist the police districts: the Forensic Technical Department, the Serious Crime Squad, the Dogs Section, the Traffic Patrols, and the Special Operations and Response Team. The national commissioner also supervises the general organization of the Copenhagen commissioner and the chief constables, while also establishing general guidelines for the performance of police duties. The day-to-day supervision and execution of police duties, as well as any specific decisions, are handled in the police districts. The Copenhagen commissioner or the chief constables are responsible for these actions.
The National Center of Investigative Support Uniformed Branch is in department A and contains Traffic Patrols, Tactical Support Unit, Special Operations and Response Team, Dogs Section, Serious Crime Squad, Forensic Technical Department, International Relations, Interpol Copenhagen, Special Economic Crime Squad, and the Crime Prevention Council.
The Personnel and Recruitment Department is in department B and contains Appointments, Personnel Administration, Disciplinary and Health Matters, International Postings, Organization Development, Staff Development and Personnel Policy, and the Staff Medical Officer.
Department C contains Budgets and Accounts, Radio and Motor Section, Uniforms and Equipment, Audit Section, Office Supplies, Ministry of Justice Department of Forensic Psychiatry, and the Museum of Police History.
The Data Department is located in department D where the IT Section, Central Motor Vehicle Register, Central Criminal Register, Central Weapons Register, Passport and Driving License Section, and the Central Register of Parking Fines are located.
Department E is the Aliens Division (the authority responsible in cases concerning police work with aliens) as well as Information and Documentation Services. The Aliens Division contains the Sandholm Center and the Task Force. The Information and Documents Services is made up of the Web editor, Publications, Statistics, Victim Counseling Secretariat, and the Property Index/Photograph Archive.
The Police College is located in department F, which contains Basic Training, Leadership and Management Training, and Further Training. Department G is solely made up of the National Security Service. Finally, Department H houses the Building Surveying Department, which contains the Building Surveying Section and the Maintenance Section.
As of 2001 there were 10,228 police officers working in the Denmark policing system. This means that there was one officer for every 190 civilians in Denmark. Furthermore, the police are subdivided into plainclothes criminal investigators, uniformed patrolmen, traffic police officers, immigration police, and other categories.
Under the Administration of Justice Act the police may apprehend a person to confirm his or her identity. However, to take into custody a person suspected of criminal acts the suspicion must be strong and a rather serious offense must be involved. The decision to arrest a person is made by the police at their own discretion. Nonetheless, according to the constitution, arrests for a period of more than twenty-four hours come under the scrutiny of the court. A person who is arrested for a prolonged period can be held for no more than seventy-two hours. When time for detention has been exceeded, the person must be released and the release time must be reported. Detention for those persons on remand can only be decided by a court. Also, persons who are suspected of committing a criminal act will in most cases be released after sufficient questioning in the police station. This is true even if the person is formally charged with a crime.
Any complaints over police behavior are handled by a local committee that consists of the chief of police, two police staff members, members pointed out by the municipality, and a representative for the defense lawyer's
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