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Nordisk Tidsskrift for Kriminalvidenskab
Article . 2024 . Peer-reviewed
License: CC BY
Data sources: Crossref
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Varetægtsfængsling og virkelighed

Authors: Henrik Karl Nielsen Nielsen;

Varetægtsfængsling og virkelighed

Abstract

AbstractAccording to a study published by Emelí Lönnqvist in 2023, the percentage of inmates in pre-trial detention (imprisonment on remand) in Denmark differs significantly from the other Nordic countries. This is an issue of ongoing debate among Danish defence lawyers. The present study analyses 46 cases before the City Court of Copenhagen in 2023-2024, in which the public prosecutor has requested a pre-trial detention of the person charged with an offence. It is apparent that the relevant provisions on pre-trial detention are not applied restrictively despite the fact that a pre-trial detention is a deviation from the right of personal freedom. It is also apparent that the alternatives to pre-trial detention listed in section 765(2) of the Administration of Justice Act are not applied. Furthermore, it is apparent that decisions on pre-trial detention only rarely indicate the reasons that have justified a pre-trial detention.

Keywords

pre-trial detention, Criminal law and procedure, personal freedom, frihedsberøvelse, K5000-5582, Social pathology. Social and public welfare. Criminology, varetægtsfængsling, imprisonment on remand, personlig frihed, HV1-9960

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Published in a Diamond OA journal