Introduction
Introduction
The Danish prosecution service was literally created de novo in 1919, with the coming into force of the great judicial reform of 1916. The comprehensive Administration of Justice Act (AJA), in Danish Retsplejeloven, is with its 1,043 sections easily the longest act in the Danish statute book. In its first book of five, the organisation of the courts, the prosecution service, the police, and the attorneys are regulated: Sects. 1-147f. The second book contains rules common to civil and criminal justice, e.g. an important chapter on witnesses: Sects. 148-223b. The third book covers civil justice: Sects. 224-665 and the fourth book criminal justice: Sects. 683-1021h. Finally, the very short fifth book deals with final and transitional matters, and is now obsolete: Sects. 1022-1043.
The AJA has been amended several hundred times since 1916, normally several a year. As the prosecution service is concerned, the most important changes are the gradual retreat of the middle tier, the regional prosecutor or statsadvokaten – Procureur du Roi is a good equivalent – from the day-to-day prosecution in courts of first instance and the corresponding extension of the competence of the lower tier, the chief constable of police. The latter’s power to decide whether to prosecute in court or not, originally applying to petty cases only, was extended to almost all cases brought before the courts of the first instance by acts of 1972 (drink driving and other serious road traffic cases), 1984 (theft and other crimes against property, ordinary assault), and 1992 (most of the remaining crimes).
The regional prosecutors, six in number, are responsible for all questions of appeal, including the decision whether to appeal a judgment (whereas the police are empowered to appeal against mere court orders, e.g. a refusal to detain, the socalled complaint, kæremål), and for the conduct of appeal in the High Court, landsretten, (Sect. 101 AJA). Also, the regional prosecutors represent the Crown in the small number (less than one hundred per year) of jury cases in the first instance, which are also conducted in the High Court. Citizens’ complaints against the police are entrusted to the regional prosecutors also.
The non-political head of the hierarchic prosecution service is the Attorney General, rigsadvokaten (Sect. 99 AJA). He represents the Crown in the Supreme Court and the Special Court of Complaints (the judges’ disciplinary tribunal). His general communications or circular letters to all other prosecutors are of paramount practical importance.
The Danish prosecution service was literally created de novo in 1919, with the coming into force of the great judicial reform of 1916. The comprehensive Administration of Justice Act (AJA), in Danish Retsplejeloven, is with its 1,043 sections easily the longest act in the Danish statute book. In its first book of five, the organisation of the courts, the prosecution service, the police, and the attorneys are regulated: Sects. 1-147f. The second book contains rules common to civil and criminal justice, e.g. an important chapter on witnesses: Sects. 148-223b. The third book covers civil justice: Sects. 224-665 and the fourth book criminal justice: Sects. 683-1021h. Finally, the very short fifth book deals with final and transitional matters, and is now obsolete: Sects. 1022-1043.
The AJA has been amended several hundred times since 1916, normally several a year. As the prosecution service is concerned, the most important changes are the gradual retreat of the middle tier, the regional prosecutor or statsadvokaten – Procureur du Roi is a good equivalent – from the day-to-day prosecution in courts of first instance and the corresponding extension of the competence of the lower tier, the chief constable of police. The latter’s power to decide whether to prosecute in court or not, originally applying to petty cases only, was extended to almost all cases brought before the courts of the first instance by acts of 1972 (drink driving and other serious road traffic cases), 1984 (theft and other crimes against property, ordinary assault), and 1992 (most of the remaining crimes).
The regional prosecutors, six in number, are responsible for all questions of appeal, including the decision whether to appeal a judgment (whereas the police are empowered to appeal against mere court orders, e.g. a refusal to detain, the socalled complaint, kæremål), and for the conduct of appeal in the High Court, landsretten, (Sect. 101 AJA). Also, the regional prosecutors represent the Crown in the small number (less than one hundred per year) of jury cases in the first instance, which are also conducted in the High Court. Citizens’ complaints against the police are entrusted to the regional prosecutors also.
The non-political head of the hierarchic prosecution service is the Attorney General, rigsadvokaten (Sect. 99 AJA). He represents the Crown in the Supreme Court and the Special Court of Complaints (the judges’ disciplinary tribunal). His general communications or circular letters to all other prosecutors are of paramount practical importance.
