Act Amending The Penal Code And The Military Penal Code (Penalty Toughening For Torture)

Original Language Title: Lov om ændring af straffeloven og militær straffelov(Strafskærpelse for tortur)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120191

Law amending the criminal code and military criminal code

(Penalty toughening for torture)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In criminal law, see. lovbekendtgørelse nr. 1260 of 23. October 2007, as amended by Act No. 316 of 30. April 2008, shall be amended as follows:

1. Pursuant to section 93 (a) shall be inserted:





» § 93 (b). When an offence covered by this law § 157 a, joins obsolescence not. '



2. Under section 157 shall be inserted in Chapter 16:» § 157 a. in determining the penalty for a violation of this law, it must be included as an aggravating circumstance that the infringement has been committed by torture.

(2). The violation shall be deemed committed by torture, if it was committed in the exercise of Danish, foreign or international public service or duties by adding another bodily injury to body or health or strong physical or mental pain or suffering





1) in order to obtain information or a confession from someone

2) in order to punish, intimidate or coerce anyone to do, tolerate or abstain from something or

3) because of the person's political beliefs, gender, race, skin colour, national or ethnic origin, faith or sexual orientation.





section 157 (b). the provisions of §§ 145-157 applies similarly in the pursuit of foreign or international public service or duties, if the action is covered by section 157 (a). '

§ 2

In the military penal code, law No. 530 of 24. June 2005, is amended as follows:

1. Pursuant to section 10 shall be inserted in Chapter 1:





» section 10 (a). When an offence covered by this law § 27 a, joins obsolescence not. '



2. Under section 27 shall be inserted:

» § 27 a. In determining the penalty for a violation of this law, it must be included as an aggravating circumstance that the infringement has been committed by torture.

(2). The violation shall be deemed committed by torture, if it was committed in the exercise of Danish, foreign or international public service or duties by adding another bodily injury to body or health or strong physical or mental pain or suffering





1) in order to obtain information or a confession from someone

2) in order to punish, intimidate or coerce anyone to do, tolerate or abstain from something or

3) because of the person's political beliefs, gender, race, skin colour, national or ethnic origin, faith or sexual orientation. '





§ 3

The law shall enter into force on the 1. July 2008.

§ 4

(1). The law does not apply to the Faroe Islands and Greenland.

(2). § 1 may by Royal Decree be set wholly or partially in force for Faroe Islands with the derogations which the special Faroese conditions warrant.

(3). Section 2 of the Act may, by Royal Decree be set wholly or partially in force in respect of Faroe Islands and Greenland with the variances, as the special Faroese and Greenlandic conditions warrant.
Given at Christiansborg Palace, on 17 March. June 2008 MARGRETHE r./Lene Espersen