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Supreme Court of Denmark

Mutual assistance in criminal matters 

Case no. 358/2011
Judgment 21 March 2012
 

The Prosecution
vs.
A, B, C and D

A request for issue of search warrants to be considered in accordance with the rules on mutual assistance in criminal matters and not the EU Enforcement Act.

With reference to the EU Enforcement Act, the High Court had refused to enforce four orders issued by a court in another EU Member State providing for the conduct of searches at four addresses in Denmark.

The Supreme Court stated that a search warrant must be regarded as an evidence warrant covered by part 3a of the Act on Enforcement of Certain Criminal Decisions in the European Union (the EU Enforcement Act).

In addition, the Supreme Court held that the request for issue of search warrants should have been considered in accordance with the rules on mutual assistance in criminal matters and, thus, remitted the case for a new trial. The request from the authority of the EU Member State did not only relate to searches, but also to questioning of suspects and any witnesses. For this reason alone, the authority in the EU Member State, and thus also the Danish police district, had been entitled to elect not to make a request for enforcement of the search warrants issued by the court in the EU Member State pursuant to the provisions of the Council Framework Decision of 18 December 2008 on the European evidence warrant and the EU Enforcement Act, respectively, but only for issue of a search warrant pursuant to the rules on mutual assistance in criminal matters.

 

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