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Supreme Court of Denmark

Extension of pre-trial detention justified 

Case no. 100/2018

Order made on 22 November 2018

The Prosecution Service

The conditions for extending pre-trial detention of a suspect in a case concerning serious tax and VAT fraud were met

On 10 October 2017, S was arrested and later detained pursuant to Section 762(1)(3) of the Danish Administration of Justice Act charged with committing serious tax and VAT fraud in collusion with others as well as attempted aggravated handling of stolen goods  While in pre-trial detention, S, who has paraplegia and is in a wheelchair and also suffers from a number of other illnesses, was transferred to Vestre Hospital.

S’s pre-trial detention was subsequently extended several times and lasted until 4 July 2018, when the Copenhagen Police decided to release him.

The case before the Supreme Court concerned the extension of S’s pre-trial detention ordered on 13 February 2018, The Supreme Court found that the conditions for remanding a suspect in custody in Section 762(1)(3) of the Administration of Justice Act were met and noted that the Police at the time had yet to interrogate witnesses and suspects, and that possible accomplices were still at large. There was no basis for holding that the extension of S’s pre-trial detention was disproportionate under Section 762(3) of the Administration of Justice Act, as no evidence concerning S’s health had been brought before the High Court or Supreme Court to support this. In addition, the extension of the pre-trial detention did not constitute an infringement of Denmark’s international obligations.

The High Court had reached the same conclusion. 

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