DENMARK Law and Practice Contributed by: Simon Evers Hjelmborg, Christian Monberg, Linn Dyrgaard Stinus and Ann Sophie Juul Hird, Accura Advokatpartnerselskab
aware of the crime and is seen to have intent to commit the crime. 2.6 Lobbyists Save for specific rules, including rules on dis - closure, on private contributions to political par - ties (Consolidated Act No 1188 of 27 September 2023, partiregnskabsloven ), lobbying activities are not separately regulated by national legisla - tion in Denmark. However, it has been heavily debated in academ - ia, the NGO environment and in public decision- making if Denmark ought to introduce regulation of lobbyist organisations. For further information, see the Denmark Trends and Developments article for Chambers Anti-Corruption 2025 . The statute of limitations is outlined in Section 93 of the Criminal Code. The structure of the provision is as follows. • When no higher penalty than imprisonment for two years is warranted for an offence, the statute of limitations is two years. • When no higher penalty than imprisonment for four years is warranted for an offence, the statute of limitations is four years. 3. Scope of Application 3.1 Limitation Period • When no higher penalty than imprisonment for ten years is warranted for an offence, the statute of limitations is ten years. • When there is no maximum penalty for an offence, the statute of limitations is 15 years. This structure applies to all the offences above. For good measure, please see the statute of limi - tation for each offence in the list below.
• For bribery, either active or passive, as codi - fied in Sections 122 and 144 of the Criminal Code, the maximum penalty is six years of imprisonment. As a result, the statute of limi - tations is ten years. • For bribery in the private sector, as codified in Section 299 (2), the maximum penalty is four years of imprisonment. As a result, the statute of limitations is four years. • For embezzlement, as codified in Section 278, the maximum penalty is 1.5 years of imprisonment. As a result, the statute of limi - tations is two years. • For fraud, as codified in Section 279, the maximum penalty is 1.5 years of imprison - ment. As a result, the statute of limitations is two years. • For criminal breach of trust, as codified in Section 280, the maximum penalty is 1.5 years of imprisonment. As a result, the statute of limitations is two years. If several criminalised acts, each punishable in its own right, have been committed, the statute of limitation is calculated by the longest statute of limitations out of the different offences. 3.2 Geographical Reach of Applicable Legislation The main rules and principles of territory are out - lined in Sections 6–9a of the Criminal Code. All acts committed in Denmark or on Danish ves - sels, regardless of where the vessel is, are under Danish jurisdiction. This includes acts of corrup - tion such as bribery, embezzlement and fraud, pursuant to Section 6 of the Criminal Code. Furthermore, acts committed in a foreign terri - tory by a person who, at the time of the charge, is a Danish citizen, lives in Denmark or is residing in Denmark on a permanent basis (ie, has Danish
115 CHAMBERS.COM
Powered by FlippingBook