Hop til indhold
Supreme Court of Denmark

Expulsion and suspended expulsion for drug-related crime 

Case no. 167/2011
Judgment 12 October 2011
 

The Public Prosecutor
vs.
T1, T2 and T3

Expulsion and suspended expulsion for drug-related crime

The Supreme Court has delivered its judgment in the case concerning three foreign citizens, T1, T2 and T3, who had all been convicted of serious drug-related crime under section 191 of the Danish Penal Code.

Under section 22(4) of the Danish Aliens (Consolidation) Act, an alien may be expelled if the alien is sentenced pursuant to section 191, unless the circumstances mentioned in section 26(1) make it conclusively inappropriate, cf. section 26(2). In addition, an alien may be sentenced to suspended expulsion, cf. section 24b of the Act. The decision to expel an alien must be based on an assessment of proportionality in consideration of article 8 of the European Human Rights Convention on the right to respect for private and family life.

The High Court had sentenced T1, a 20-year-old Armenian citizen, to imprisonment for four years and six months and suspended expulsion subject to a probation period of two years. T2, a 21-year-old Bosnian citizen, had been sentenced to imprisonment for three years and six months, while the Prosecution's claim for expulsion was dismissed. T3, a 41-year-old stateless Palestinian born in Lebanon, was sentenced to imprisonment for six years and suspended expulsion.

The Supreme Court found no basis for expelling T1, who came to Denmark in 1999 when he was eight years old, has family in this country and has attended school here, but who has limited ties with Armenia. However, considering the seriousness of the offence, the Supreme Court did find that T1 should receive a warning in the form of suspended expulsion to deter him from crime, and upheld the High Court's suspended expulsion subject to a probation period of two years, cf. section 24b of the Aliens Act.

In addition, the Supreme Court found no basis for expelling T2, who came to Denmark in 1993 when he was three years old. Just as T1, he has family in this country, has attended school here and has limited ties with Bosnia. However, considering the seriousness of the offence, the Supreme Court did find that T2 should receive a warning in the form of suspended expulsion to deter him from crime, and thus decided to order suspended expulsion subject to a probation period of two years, cf. section 24b of the Aliens Act.

T3 came to Denmark in 1993 when he was 23 years old. He is married to a Danish citizen who was born in Lebanon and has lived in Denmark since she was a child. They have eight children who are also Danish citizens. A majority of the Supreme Court judges stated that T3 has played a central and leading role in continued, organised and serious drug-related crime. For this reason, the majority found that T3 should be expelled from Denmark permanently, cf. section 32(2)(5) of the Aliens Act, regardless of the fact that he has a wife and children in this country. One judge issued a dissent in favour of suspended expulsion of T3.

 

To the top Last modified: 18-10-2011 
supremecourtseperatorPrins Jørgens Gård 13 seperator1218 København K seperatorTelefon: 33632750seperatorEmail: post@hoejesteret.dk