Right to a Defence Lawyer
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?
The right to a defence lawyer is fundamental in Danish criminal procedure:
- Free choice: You have the right to choose your own lawyer. If you cannot afford one, the court will appoint a duty lawyer (beskikket forsvarer) at public expense.
- From the moment of charge: Your right to a lawyer attaches when you are formally charged (sigtet) — in practice, from the moment of arrest.
- Present during questioning: Your lawyer has the right to be present during police questioning.
- Confidential communication: All communication between you and your lawyer is privileged and cannot be monitored or used as evidence.
- Free legal aid: Denmark also has a system of free legal aid (fri proces) for civil cases if your income is below the threshold.
When does it apply?
- You are arrested, charged (sigtet), or indicted (tiltalt).
- You are called in for police questioning as a suspect.
- You face a remand hearing or any court proceeding in a criminal case.
What should you do?
- Request a lawyer immediately upon arrest — before answering any questions.
- If you have a preferred lawyer, give their name to the police. Otherwise, ask for the duty lawyer.
- Do not make any statements until your lawyer is present.
- If you cannot afford a lawyer, the court must appoint one for you in criminal cases.
What should you NOT do?
- Don't waive your right to a lawyer under pressure — police must respect your request to wait for legal counsel.
- Don't discuss your case with anyone other than your lawyer — statements to cellmates or family can become evidence.
- Don't assume a duty lawyer is worse than a private one — duty lawyers are experienced criminal defence practitioners.
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