Your rights as a suspect in Denmark
Regardless of your nationality, Danish law and the European Convention on Human Rights (ECHR) guarantee you the following rights:
- Right to a defence lawyer from the moment you are suspected of an offence (Administration of Justice Act, § 729a and § 730).
- Right to a court-appointed defence lawyer (offentlig forsvarer) in certain circumstances, including when you are brought before a court for remand in custody (§ 731).
- Right to remain silent and to be informed of this right (§ 752).
- Right to an interpreter during questioning and court proceedings (§ 149).
- Right to a fair trial under ECHR Article 6.
Your defence lawyer must be notified of the time of any police interview. Do not answer questions about your personal or family circumstances before speaking to your lawyer - these answers are used to assess whether you can be deported.
The special 'foreigners' interview'
Danish police are required to interview all foreign nationals suspected of criminal offences about their personal and family circumstances (Rigsadvokaten's guidelines, section 2.1). The purpose is to assess whether there are grounds for a deportation order. You are not legally obliged to answer these questions, but the decision should always be made in consultation with your defence lawyer.
When can you be deported?
Deportation upon conviction is governed by sections 22-24 of the Aliens Act. The rules depend on how long you have been lawfully resident in Denmark:
- More than 9 years of lawful residence: Deportation only for the most serious offences (4+ years' unconditional imprisonment, certain sexual offences, terrorism).
- 5 to 9 years of lawful residence: Deportation for offences resulting in 2+ years' unconditional imprisonment, certain sexual offences, aggravated robbery, serious drug offences.
- Shorter residence: Deportation possible for offences resulting in 60+ days' unconditional imprisonment, certain sexual offences, violence, drug offences.
Even where the formal grounds for deportation are met, the court must carry out a proportionality assessment under section 26 of the Aliens Act - taking into account your ties to Denmark, your family situation, and your ECHR Article 8 rights (right to private and family life).
Remand in custody
You may be remanded in custody (varetægtsfængsling) before trial if the court finds justified suspicion of an offence carrying a potential sentence of at least 1 year and 6 months, plus grounds such as flight risk, risk of interference with evidence, or risk of reoffending. For foreign nationals, flight risk is often the central issue - your defence lawyer can argue your actual ties to Denmark and propose alternatives such as bail, curfew, or surrender of travel documents.
Why choose Globe Advokater?
- Full English-language service throughout the criminal process.
- Specialist knowledge of both Danish criminal law and immigration law.
- Over 20 years of experience representing clients with ties to multiple jurisdictions.
- Fixed-fee pricing where possible - full transparency from day one.
- We handle communication with police, prosecutors and courts on your behalf.
What is the difference between being a suspect (sigtet) and being charged (tiltalt)?
You become a suspect (sigtet) when police have reasonable grounds to investigate you for an offence. You are formally charged (tiltalt) when the prosecution submits an indictment to the court. Being a suspect does not mean you will be charged, and being charged does not mean you will be convicted.
Do I need a lawyer if I cannot afford one?
If you cannot afford a private lawyer, you can be assigned a court-appointed public defender (offentlig forsvarer) free of charge in cases where this is mandatory under the Administration of Justice Act - including all remand hearings and most serious criminal cases. In other cases, you may be eligible for legal aid (fri proces) if you meet the financial requirements under sections 325-328 of the Act.
Can I be deported even if I am acquitted?
Generally, no. Deportation upon conviction requires a conviction. However, an acquittal does not necessarily prevent the immigration authorities from subsequently revoking your residence permit on other grounds. If you have been charged and acquitted, contact us to assess any remaining immigration risks.