Pre-trial Detention (Varetægtsfængsling)
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?
After the 24-hour hearing, a judge may order pre-trial detention (varetægtsfængsling) if specific conditions are met:
- Grounds for remand (§ 762): There must be a reasonable suspicion you committed the offence, and one of the following — risk of flight, risk of evidence tampering, risk of reoffending, or the offence carries a sentence of 6+ years and release would cause public outrage.
- Proportionality: Detention must not be disproportionate to the expected sentence.
- Judicial review: The court reviews the detention every 4 weeks. You can appeal each remand decision to the High Court (Landsretten).
- Solitary confinement (isolation): Can only be imposed under strict conditions and for limited periods — the rules were tightened significantly after criticism.
When does it apply?
- You have been arrested and brought before a judge who is considering whether to remand you in custody.
- You are already in pre-trial detention and your case is coming up for review.
What should you do?
- Your lawyer will represent you at the remand hearing — make sure you have one appointed.
- Challenge the grounds for detention — argue for less restrictive alternatives (bail-like conditions, travel restrictions, reporting duties).
- If remanded, appeal to the High Court — your lawyer can do this within the deadline.
- Request review at each 4-week hearing if circumstances have changed.
What should you NOT do?
- Don't accept isolation without challenge — solitary confinement requires specific justification and is subject to strict time limits.
- Don't skip the 4-week review — each hearing is an opportunity to argue for release.
- Don't communicate about your case outside your lawyer — it could be used as evidence of evidence-tampering risk.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.
LawDepotCreate, edit, and print legal documents in minutes. Lawyer-reviewed templates for every situation.Create Legal Documents →LegalNatureAttorney-drafted legal documents customized to your state. Create, download, and print in minutes.Create Documents →LegalZoomAffordable legal documents and attorney consultations. File complaints, demand letters, and more.Visit LegalZoom →