DENMARK Law and Practice Contributed by: Simon Evers Hjelmborg, Christian Monberg, Linn Dyrgaard Stinus and Ann Sophie Juul Hird, Accura Advokatpartnerselskab
1. Legal Framework 1.1 International Conventions
is monitored by the Group of States against Cor - ruption (GRECO). (see Full list – Treaty Office.) Additional Protocol to the Criminal Law Convention on Corruption – ETS No 191 The Additional Protocol to the Criminal Law Con - vention on Corruption supplements the Criminal Law Convention on Corruption by addressing bribery of domestic and foreign arbitrator and jurors. It emphasises the need for comple - mentary criminal law measures and improved international co-operation in the prosecution of corruption offences. Denmark signed the Pro - tocol in May 2003 and ratified it in November 2005. The implementation of the Protocol is also monitored by GRECO, ensuring compliance and effectiveness in combating corruption. (see Full list – Treaty Office.) The Council of Europe: Civil Law Convention on Corruption – ETS No 174 The Civil Law Convention on Corruption empha - sises the importance of civil law measures in the fight against corruption and promotes interna - tional co-operation in civil proceedings related to corruption cases. The Convention aims to pro - vide effective remedies for persons who have suffered damage as a result of acts of corrup - tion, enabling them to defend their rights and interests, including the possibility of obtaining compensation for damage. Denmark signed the Convention on 4 November 1999. (see Full list – Treaty Office.) 1.2 National Legislation The main provisions on anti-bribery and anti- corruption are all set out in the Danish Criminal Code (Consolidated Act No 1145 of 5 November 2024, straffeloven ) (the “Criminal Code”). Sections 122 and 144 of the Criminal Code criminalise the act of bribing a public official and
Denmark is signed up to multiple international conventions regarding anti-bribery and anti- corruption as detailed below. The United Nations Convention Against Corruption (UNCAC) Denmark is a part of the UNCAC. It was adopted by the UN General Assembly in October 2003 and entered into force in December 2005. Den - mark signed the Convention on 10 December 2003 and ratified it on 26 December 2006. The UNCAC tackles various topics such as bribery, embezzlement and misappropriation (in both public and private sectors), abuse of functions, money laundering and obstruction of justice. The OECD Anti-Bribery Convention The OECD Anti-Bribery Convention is legally binding and targets bribery in international busi - ness transactions. It requires signatories to crim - inalise bribery of foreign public officials. It was adopted on 21 November 1997 and entered into force on 15 February 1999. Denmark was one of the 20 founding member countries of the OECD and is one of the current 38 member countries. (see OECD Legal Instruments.) The Council of Europe: Criminal Law Convention on Corruption – ETS No 173 Denmark is part of the Criminal Law Conven - tion on Corruption which was adopted by the Council of Europe in January 1999. The Con - vention criminalises various forms of corruption, including bribery of public officials, bribery in the private sector, trading in influence, and money laundering. It also emphasises complementary criminal law measures and improved internation - al co-operation in the prosecution of corruption offences. The implementation of the Convention
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