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Law Amending The Criminal Code And Various Other Laws (Danish Criminal Authority)

Original Language Title: Lov om ændring af straffeloven og forskellige andre love(Dansk straffemyndighed)

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Law on the amendment of the penal code and different laws

(Danish punishment authority)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the penal code, cf. Law Order no. 1260 of 23. October 2007, as amended by law no. 316 of 30. April 2008, the following changes are made :

1. § § 6-12 ITREAS :

" § 6. In the Danish Code Authority, actions shall be carried out

1) in the Danish State,

2) in the Danish vessel, within a foreign authority, of a person belonging to the vessel or travelling by travellers ; or

3) in the Danish vessel, which is outside the jurisdiction of a regulatory area.

§ 7. In the Danish Code of Contribution, acts carried out within a foreign authority of a person who, at the time of the charge, is in the Danish state or has similar permanent residence in this country, if :

1) it is also punishable by the law at the crime scene (double criminality) or

2) the perpetrator at the time of the crime has the association here to the country and the action ;

a) the sexual exploitation of children or female circumcision or

b) shall be directed at anyone at the time of the time of the time of the country to which it has affiliation.

Paragraph 2. In the Danish Code of Contribution, further actions shall be carried out outside the jurisdiction of a person who, at the time of the charge, shall have the right to do so in paragraph 1. 1 the association of this country, whose actions of the species concerned may result in higher penalty than four months in prison.

Paragraph 3. Paragraph 1, no. Paragraph 1 and paragraph 1. 2 shall apply mutatis muthis to any person who, at the time of the charge, has been registered or residing in Finland, Iceland, Norway or Sweden, and residing here in the country.

§ 7 a. In the Danish Code Authority, acts carried out within a foreign jurisdiction and which are aimed at someone who, at the time of the moment, has the Danish State or has similar permanent residence in the country, if any, in the country of the Danish State or in the same way as they are in the country. The act is also punishable by the law at the crime scene (double criminality) and, in accordance with Danish law, may result in prison sentences for at least six years.

Paragraph 2. The Danish Code of Punishment pursuant to paragraph 1. 1 is conditional on the action to include :

1) intentional killing,

2) serious violence, detention or robbery,

3) a non-lethal crime,

4) a crime against gender or incest or incest ;

5) Female circumcision.

Paragraph 3. In the Danish Code of Code, further action is taken which is carried out outside of a regulatory area and which is aimed at someone who at the time of the moment it has the effect of paragraph 1 in paragraph 1. 1 the association of this country, whose actions of the species concerned may result in higher penalty than four months in prison.

Section 7 b. In the case of a Danish penal authority against a legal person, subject to double criminality, it does not include a requirement that the law at the crime scene is penalised for a legal person.

§ 8. In the Danish Code Authority, acts carried out outside the Danish State without regard to where the perpetrator belongs,

1) the act violates the independence, security, constitution or public authorities of the Danish State or a government of the State,

2) the act violates interests if legal protection in the Danish State requires a specific link to this,

3) the action violates an obligation, as the perpetrator of the perpetrator of the perpetrator, to observe abroad ;

4) the act violates a duty of duty to the perpetrator of the Danish vessel ;

5) the act is subject to an international clause, according to which Denmark is obligated to have a Code of Retribution, or

6) the extradition of the defendant to prosecution in another country shall be refused, and the action, provided that it has been carried out within a foreign jurisdiction, is punishable by the law at the crime scene (double criminality) and the action taken in accordance with the Danish State ; legislation may result in prison sentences for at least one year.

§ 8 a. In the Danish Code of Procedure, acts carried out outside the Danish State shall be subject to the actions of the International Criminal Court if the action is taken by a person at the time of the date ; the charge,

1) has the Danish state of birth, resident in the Danish State, or has similar permanent residence in this country, or

2) are located in this country.

§ 8 b. During the Danish Code Authority, actions taken outside the Danish State when the action is subject to section 183 a and has been made by a person at the time of the charge,

1) has the Danish state of birth, resident in the Danish State, or has similar permanent residence in this country, or

2) are located in this country.

Paragraph 2. Judition of actions covered by paragraph 1. 1 may also include infringements of sections 237 and 244-248, which have been committed in respect of the violation of section 183 a.

§ 9. Actions shall be deemed to have been carried out where the perpetrator was found in the action of the action. In the case of legal persons, acts shall be deemed to have taken place where the acts or acts responsible for the legal person have been carried out.

Paragraph 2. If the criminality of a trade depends on or impacted upon or impacted by an enacted or intended result, the action shall also be deemed to have been carried out, where the effect has been entered or where the perpetrator has set the effect to enter.

Paragraph 3. The actions of the applicant ' s and joint operations shall be deemed to have been carried out in the Danish State if the perpetrator was present in the country by the action of the action, irrespective of whether the offence is enforced or enforced outside the Danish State.

Paragraph 4. When part of an offence has been committed in the Danish State, the offence is considered as a whole in order to be committed here in the country.

§ 9 a. An offence involving text, sound or image material, etc., which, by means of action abroad, has been made available in this country through the Internet or a similar system for the dissemination of information, shall be deemed to have been committed in the Danish, state if the material is particularly related to this country.

§ 10. When an act is brought to justice here in the country, the decision on both punishment and other legal proceedings must be taken in accordance with Danish law.

Paragraph 2. When Danish punishment authority is subject to double criminality, the sentence may not be more severe than repatriated by the law of the crime scene.

§ 10 a. A person, with whom outside the Danish state has been rejected, cannot be prosecuted in this country for the same action, when this is excluded according to Denmark's international obligations on the recognition of the legal force of criminal law.

Paragraph 2. In other cases, a person may, in other cases, to whom outside the Danish State have been refused, are not prosecuted here in the country for the same action, provided that :

1) the person is definitively acquirelessly,

2) the non-condemned sanction has been consummated, or has been discarding under the law of the country of origin ; or

3) they have been found guilty of a penalty without any sanction.

Paragraph 3. Paragraph 2 does not apply when :

1) the foreign criminal judgment concerns actions that :

a) be deemed to have been carried out in the Danish State under Clause 9 or § 9 (a) ;

b) are covered by section 7 (4). 1, no. 2, or § 8, nr. 1 or 2,

2) the legal proceedings in this country to take place under the Danish national law of the Danish Court of Justice, Article 985 a or

3) the recognition of foreign criminal law would appear to be irreconcilable with Danish legal principles.

Paragraph 4. In the cases referred to in paragraph 1. 3, no. One, prosecution in this country cannot be prosecute when prosecuting proceedings in the country of origin has been requested by the Danish Prosecutor.

§ 10 b. Where legal proceedings against a person outside the Danish State are subject to a sanction for the same action, the penalty imposed here in the country shall be reduced to the extent that the foreign sanction is consummated.

§ 11. Where a person has Danish registered rights, resident in the Danish State or has similar permanent residence in this country, in a foreign state, punished for an act which, in accordance with Danish law, may result in a waiver or loss of a call or a profession or other ; right, may disqualification from them on the basis of public claims in this country.

§ 12. The use of sections 6 to 11 is being curtailed by the exceptions recognised in international law. '

§ 2

In the rule of law, cf. Law Order no. 1261 of 23. October 2007, as last amended by Section 1 of law no. 168 of 12. In March 2008, the following changes are made :

1. The following section 985 is inserted :

" § 985 a. The Special Kstoreroom may, after the attorney's request, permit prosecution to prosecute a case that is subject to a court outside the Danish State and where the defendant is acquirected, takes place in this country when the conditions in section 976 (4) are not found. 1, no. 1 have been fulfilled.

Paragraph 2. § 979, paragraph. TWO, ONE. and 4. pkt., $980, § 981, paragraph. One and three, section 982, 1. pkt., and section 985 shall apply mutatis muctis.

Paragraph 3. The matter is being dealt with in the case of the exchange of the general rules on the main debate in 1 body. "

§ 3

Law no. 156 of 10. In May 1967 on certain measures under the United Nations Charter, as amended by Section 2 of Act 2. 228 of 6. June 1985, the following is amended as follows :

1. Section 1 (1). 3, ITREAS :

" Stop. 3. The content rules may include actions taken outside the Danish State of Danish naturalial Danish State or have similar permanent residence in the country. ` ;

§ 4

In the law of firearms and explosives, cf. Law Order no. 1316 of 26. In November 2007, the following changes are made :

1. I § 7 c (3) 5, in the Danish State or in the case of such permanent residence in the country ', the words ' or residgers in the Danish state ' were replaced by ' ;

§ 5

In the law on the application of certain European Community acts relating to economic relations with third countries, etc., as well as in accordance with the provisions of the Community. Law Order no. 474 of 14. June 2005 shall be amended as follows :

1. I Section 2 (2). 9, in the Danish State or in the case of such permanent residence in the country ', the words ' or residgers in the Danish state ' were replaced by ' ;

§ 6

In accordance with the law on radio frequencies, cf. Law Order no. 680 of 23. June 2004, as amended by Section 2 of Law No 545 of 8. June 2006, the following change is made :

1. I Section 54 (1). 2, no. 2, is replaced by ' or domiciled in the Danish State ' to : ' shall be resident in the Danish State or have similar permanent residence in this country '.

§ 7

Law no. 252 of 12. In June 1975 on the transfer to another country of criminal prosecution in criminal proceedings, as amended by Section 4 of Act 4. 322 of 4. June 1986, the following changes shall be made :

1. I Section 3, paragraph 3. 2, in section 8 (4), 1, no. 5 "to :" § 8, nr. FIVE. "

§ 8

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

§ 9

Paragraph 1. The sections of the law sections 1, 2 and 4-7 shall not apply to the Faeroe Islands and Greenland.

Paragraph 2. The provisions of the Act of Section 1 and 7 may, by means of a royal appliance, be set in full or in part in force for the Faeroe Islands, with the changes made by the particular ferotable conditions.

Paragraph 3. The Article 6 of the law may, by means of a royal device, be set in full or in part to Greenland, with the changes that the special Greenland conditions are to say.

Givet at Christiansborg Castle, the 171. June 2008 MARGRETHE R / Lene Espersen