Særlige pligtforhold i den internationale strafferet
The article considers the possibilities of prosecuting extraterritorial crimes. Pursuant to section 7 of the Danish Penal Code, crimes committed abroad by Danish citizens may be punished in Denmark on the condition that the crime is penalized at the place of commission (" double criminality&quo...
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| Main Author: | |
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| Format: | Article |
| Language: | Danish |
| Published: |
De Nordiske Kriminalistforeninger
1998-11-01
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| Series: | Nordisk Tidsskrift for Kriminalvidenskab |
| Subjects: | |
| Online Access: | https://tidsskrift.dk/NTfK/article/view/137406 |
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| Summary: | The article considers the possibilities of prosecuting extraterritorial crimes. Pursuant to section 7 of the Danish Penal Code, crimes committed abroad by Danish citizens may be punished in Denmark on the condition that the crime is penalized at the place of commission (" double criminality"). Pursuant to sections 6 and 9, Denmark also has jurisdiction over such crimes when an effect of the crime may be localized to Denmark. Furthermore it is shown that pursuant to the protective principle (section 8(1)(1)-(2) of the Penal Code), Denmark has jurisdiction over certain extraterritorial crimes against individuals, provided that a special legal relationship exists between the perpetrator and the victim.
The review of the legal history has, however, shown that several of the mentioned law provisions are due to compromises dating from the time of the Law Commission in the beginning of this century. Thus, from a legislative point of view, there may be grounds for reviewing the extent of the protective principle in Danish criminal law in the light of contemporary demands to international cooperation. |
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| ISSN: | 2446-3051 |