DENMARK Law and Practice Contributed by: Simon Evers Hjelmborg, Christian Monberg, Linn Dyrgaard Stinus and Ann Sophie Juul Hird, Accura Advokatpartnerselskab
of the principle of ne bis in idem under Danish law. However, it is possible to punish for differ - ent related offences, such as the provisions on defrauding creditors under Section 283 of the Criminal Code, serious tax/fiscal fraud under Section 289, or money laundering under Sec - tion 290a, simultaneously with penalties under the bookkeeping provisions. As another example, the Financial Statements Act mandates that corporate books must pro - vide a true and fair view of the company and its finances. Violations of the act can lead to fines for both physical and legal persons under Sec - tion 164. Furthermore, Sections 296 and 392 of the Criminal Code provide for more severe sanc - tions, including imprisonment, for particularly extensive and/or gross offences. The principle of ne bis in idem applies similarly for such offences. Additionally, specific areas of bookkeeping are penalised under other Danish laws, such as the Danish Tax Control Act (Consolidated Act No 12 of 8 January 2024, skattekontrolloven ), and the Danish VAT Act, (Consolidated Act No 209 of 27 February 2024, momsloven ). 2.4 Public Officials The misappropriation of public funds by a public official and the embezzlement of public funds are regulated by Sections 278–280 in the Crimi - nal Code. The provision on embezzlement penalises any person who, with the intent of obtaining unlaw - ful gain for themselves or others, appropriates movable property that is in their custody, denies receipt of a loan or service for which payment is due, or unlawfully uses entrusted money (Sec - tion 278).
The provision on fraud penalises any person who, with the intent of obtaining unlawful gain for themselves or others, induces another person to act or refrain from acting by deceit, thereby causing financial loss to that person or someone else (Section 279). The provision on criminal breach of trust penal - ises any person who, with the intent of obtaining unlawful gain for themselves or others, causes financial loss to another by abusing their author - ity to act on behalf of that person (Section 280). Unlawful taking of interest by a public official is not in itself criminalised, but it may fall within these provisions depending on the specifics of the case. This would be the case where the unlawful taking of interest results in wrongful personal gain while creating financial loss or the risk thereof. It should be noted that according to the rules in Section 82(8) of the Criminal Code regarding the severity of the sentence, it is considered an aggravating factor if the crime is committed in the performance of public trade or as an abuse of profession or position. For further details on aggravating and mitigating factors, refer to 5.1 Penalties on Conviction . 2.5 Intermediaries The general provisions on active and passive bribery, Sections 122 and 144 of the Criminal Code, also cover the engagement in bribery through an intermediary or third person pursuant to case law. However, the initiator must have the intention of bribery for it to constitute a criminal offence. In addition to the initiator, the intermediary/third person may be held liable as a complicit to the committed crime, provided that the person is
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