Pre-trial Detention (Varetægtsfængsling) in Denmark
Reviewed by the Commoner Law Editorial Team. Sourced from Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If You Are Being Held in Pre-trial Detention in Denmark
- 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.
Common Questions
What are the grounds for pre-trial detention in Denmark?
Under § 762 of the Retsplejeloven, there must be a reasonable suspicion you committed the offence, plus one of: 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. Detention must not be disproportionate to the expected sentence.
How often is Danish pre-trial detention reviewed?
Every 4 weeks. The court reviews the detention at each interval, and you can appeal each remand decision to the High Court (Landsretten). Your lawyer can lodge the appeal within the deadline. Don't skip these hearings — each is an opportunity to argue for release or for less restrictive alternatives.
Can I be held in solitary confinement in Danish pre-trial detention?
Only under strict conditions and for limited periods. The rules on isolation were tightened after criticism. Don't accept isolation without challenge — it requires specific justification and is subject to strict time limits. Your lawyer should challenge the grounds and argue for less restrictive alternatives, such as reporting duties or travel restrictions.
When does it apply — pre-trial detention (varetægtsfængsling)?
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 I do if a judge has remanded me in custody and I want to challenge my pre-trial detention in Denmark?
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 — pre-trial detention (varetægtsfængsling)?
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.