Rights Upon Arrest

Source: Retsplejeloven (Administration of Justice Act), §§ 755–758; Grundloven (Danish Constitution), § 71

Written in plain language for general understanding. This is educational content, not legal advice. Based on Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance.

Danish National Law

What is this right?

When you are arrested in Denmark, you have constitutional and statutory protections:

  • Informed of the reason: Police must inform you why you are being arrested.
  • Right to a lawyer: You have the right to contact a defence lawyer (forsvarer) immediately. If you cannot afford one, the court will appoint one for you.
  • 24-hour rule (Grundloven § 71): You must be brought before a judge within 24 hours of arrest. The judge decides whether you will be remanded in custody or released.
  • Right to silence: You are not obliged to make a statement to the police. Anything you say may be used as evidence.
  • Right to notify someone: You have the right to inform a relative or other person of your arrest.

When does it apply?

  • You are physically restrained by police and told you are under arrest.
  • You are taken to a police station for formal questioning as a suspect (sigtet).

What should you do?

  • Ask for a lawyer immediately — do not answer questions until your lawyer arrives.
  • Confirm you are being arrested — ask the officer to state the reason clearly.
  • Provide your name and address but exercise your right to silence on all other matters.
  • Note the time of arrest — the 24-hour clock starts immediately.

What should you NOT do?

  • Don't resist arrest — even an unlawful arrest should be challenged in court, not on the street.
  • Don't waive your right to a lawyer — police may try to question you before one arrives.
  • Don't sign anything you don't understand — ask for a translator if you do not speak Danish.

You came here to know your rights — help someone else know theirs.

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