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Supreme Court of Denmark

Disclosure of case material 

Case no. 39/2018

Order made on 24 January 2019

The Prosecution Service

Disclosure of case material in aggravated fraud case to persons resident abroad or their foreign lawyers not unobjectionable

In June 2017, in connection with a case of suspected aggravated fraud amounting to at least DKK 12.4 billion, the Prosecution Service requested the seizure of deposits and assets held by two persons resident abroad. Their Danish defence counsel asked the Prosecution Service to consent to the disclosure of the case material in the seizure case to these persons or their foreign lawyers. The Prosecution Service denied consent to the disclosure of the material, as it was found that this would not be unobjectionable, cf. section 729a(3) of the Danish Administration of Justice Act.

According to section 729a(3) of the Administration of Justice Act, the counsel for the defence may not without the consent of the police hand over the received material to the accused or to others, and the police gives its consent if it is deemed unobjectionable.

The Supreme Court held that there were no grounds for setting aside the Prosecution Service’s assessment that disclosure of the material to these persons or their lawyers was not unobjectionable.

The High Court had reached the same conclusion.

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