Hop til indhold
Supreme Court of Denmark

Expulsion following criminal conviction 

Case no. 170/2008
Judgment 29 December 2008
Directive 2004/38/EC, article 33

The Public Prosecutor

vs.

T

 Shop theft of a professional nature led to expulsion of an EU citizen without ties with Denmark

 The High Court had sentenced the defendant to imprisonment for thirty days for having stolen articles worth 4,700 Danish kroner from a department store in October 2007. In addition, he was expelled and banned from entry for five years.

The defendant was a Lithuanian citizen and was 28 years old at the time of the theft. He had arrived in Denmark on the same day and had no ties with Denmark.

The Supreme Court affirmed the expulsion decision. The general conditions in the Danish Aliens (Consolidation) Act had been fulfilled, and the expulsion decision was also in accordance with the special EU rules governing EU citizens in Article 33, cf. Articles 27 and 28, of Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. When he was arrested, the defendant was in possession of bag lined with tin foil to thwart store alarms and cutting nippers to remove any alarms from the articles. The theft was of a professional nature, and the defendant's crime showed a conduct that represented a genuine, present and sufficiently serious threat affecting fundamental interests of society. This was corroborated by information on previous convictions in Lithuania. Since the defendant had no ties with Denmark, expulsion could not be regarded as being in contravention of the principle of proportionality in the above-mentioned Directive.

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