Pre-trial investigation and criminal proceedings

In accordance with the Danish Administration of Justice Act (section 741 c), presumed victims of human trafficking are entitled to receive legal aid during the criminal proceedings. 

In order to obtain legal advocate, victim must submit a request for legal aid. The lawyer is appointed by the court. 

The police must inform the victim of the possibility of obtaining a legal lawyer. This information must be given before the police’s first interview of the victim and must be repeated in connection with the second police interview. 

The role of the lawyer is to help the victim and safeguard their interests throughout the criminal justice process. The lawyer’s tasks may include:

• Explaining the procedures
• Informing the victim of access to psychological and social support and the right to compensation
• Participating in police questioning of the victim and asking follow-up questions from the victim
• Assisting the victim in court, handling the compensation claim, and 
• Providing assistance if the victim applies for asylum or a residence permit

The legal lawyer has access to the victim’s statements and other documents regarding the victim. The lawyer is free of charge to the victim.

If the victim is suspected of having committed a criminal offence, a defence attorney should be assigned instead.

If the police expect the victim to appear in court as a witness, the victim is also assigned a contact person. The contact person is typically a police officer, who helps and supports the victim if the victim contacts the police or the Prosecution Service. In addition, the contact person:

• Provides the victim with guidance and information about the case and the victim’s legal position
• Can guide the victim regarding the victim’s options for special considerations to be taken when the victim appears in court. 

The police and the Prosecution Service are obliged to inform all victims, including child victims, of their legal position and the progression of the case. This communication should include information on the victim’s right to seek compensation and the perpetrator’s possible arrest and detention.  

The Danish Administration of Justice Act provides several possible measures to protect victims during the criminal procedure:

• According to section 856, the presiding judge may decide that the defendant should not be present while the victim is questioned if the defendant’s presence would prevent an unreserved statement from the witness. 
• If the court decides that the name, occupation, and address of a witness must not be disclosed to the defendant, the court may also decide that the defendant must leave the courtroom during the witness testimony. Upon request, this decision may be made prior to the trial hearing.
• The court can decide that the proceedings will not be open to the public if the victim is considered to be in danger. Section 29(1) further provides the possibility to exclude the public from attending the hearing. Moreover, the court can decide that the victim’s identity may not be made public.

In addition, it can be possible for the witness to give a statement via telecommunication (with or without video) if the court finds it appropriate and justifiable, including in cases where special considerations regarding the witness justify it. 

There are special requirements to the setting in which the statement is given, including where the statement is given from abroad. These requirements are in place to ensure that the statement is made in a satisfactory manner. 

If children are involved in a criminal justice process as victims or witnesses, video recorded testimonies can be utilized in accordance to the  Administration of Justice Act (section 745 e).

According to the Danish Act on State Compensation to Victims of Crime, the Danish state can, with certain conditions, provide compensation for personal injury caused by a violation of provisions in the Danish Criminal Code. The violation must have taken place in Denmark.

In order to receive state compensation, the victim must submit an application for The Criminal Injuries Compensation Board of Denmark (Erstatningsnævnet). The legal advocate that the victim has received during the criminal proceedings is mandated to assist the victim with the application. 

The application must be submitted within two years from the date of the crime.

The Criminal Injuries Compensation Board grants the victim compensation is if the compensation conditions are met. The Criminal Injuries Compensation Board can request additional information from the applicant or other relevant persons or institutions.

The victim may also file a compensation suit against their perpetrator during the criminal case, or where this is not possible, file a civil suit.