DENMARK Law and Practice Contributed by: Simon Evers Hjelmborg, Christian Monberg, Linn Dyrgaard Stinus and Ann Sophie Juul Hird, Accura Advokatpartnerselskab
whistle-blower programme and whistle-blower programmes within the EU. The protection is granted on the condition that the whistle-blower had reason to believe that the declared information was correct at the time of the report. Provided that the whistle-blower meets the nec - essary conditions and that the report is neces - sary to expose a serious criminal offence or seri - ous circumstance, they will not breach statutory confidentiality and will not be held liable. The whistle-blower is not held responsible for the method used to gain access to the infor - mation if the method does not in and of itself constitute a criminal offence. The whistle-blower is not to be met by retaliatory measures due to the report. 6.5 Incentives Provided to Whistle- Blowers There are no formal incentives other than the protection whistle-blowers are granted under the Whistleblower Act. Under Danish law, enforcement of the anti- corruption provisions of the Criminal Code is a criminal matter and thus handled by the Danish Prosecution Service in accordance with the prin - ciples of the Danish Administration of Justice Act (Consolidated Act No 1160 of 5 November 2024, retsplejeloven ). There is no formal civil or administrative enforce - ment, except for the possibility any individual 7. Enforcement Trends 7.1 Enforcement
to file a civil lawsuit in the Danish courts if the individual has been subject to a violation and has suffered a financial loss in connection hereto. Furthermore, professionals committing an offence may be subject to the suspension or revocation of professional licences and dis - qualification from holding public office. Finally, the Public Procurement Act entail obliga - tions on disclosure (and to some extent disquali - fication) for entities participating in public tender procedures having been engaged in criminal All of the relevant provisions as set out in 3.1 Limitation Period and 5.1 Penalties on Convic- tion are enforced by the Danish Prosecution Ser - vice, as it is criminalised in the Criminal Code. Generally, if the offence committed is of a suf - ficiently serious or organised nature, the Special Crime Unit ( National enhed for Særlig Kriminal- itet – NSK) within the Danish Police/the Danish Prosecution Service will handle the matter. The Special Crime Unit has extensive knowledge of and experience with economic crimes. 7.3 Jurisdictional Reach of Enforcement Bodies Danish law enforcement has the authority to investigate and prosecute crimes within the Danish jurisdiction. The principles of territorial - ity are outlined in 3.2 Geographical Reach of Applicable Legislation . 7.4 Discretion for Mitigation and Aggravation Danish criminal procedure does not offer a for - mal system for non-trial resolutions. It generally relies on the courts to decide what mitigating or aggravating factors applies to the case as set activities, including corruption. 7.2 Enforcement Bodies
121 CHAMBERS.COM
Powered by FlippingBook