Pre-trial detention not a disproportionate measure

Case no. 37/2020
Order made on 20 November 2020

The Prosecution Service
vs.
U

U was charged with having violated his reporting duty under the Danish Aliens Act on five occasions. According to the travaux préparatoires for the Aliens Act, 1-2 violations committed for the fourth time are punishable by imprisonment for 60 days. As requested by the Prosecution Service, the District Court sentenced U to pre-trial detention.

U objected against the Court's sentence, arguing, among other things, that the level of punishment for violating the reporting duty and hence his sentence to pre-trial detention were disproportionate, discriminatory and in violation of the presumption of innocence under Danish law, Danish legal doctrines and Denmark's international obligations.

The Supreme Court held that it did not have the requisite clear basis for concluding that the level of punishment applied in cases of violation of the reporting duty is in violation of Danish legal doctrines or Denmark's international obligations. Sentencing U to pre-trial detention was not in contravention of the proportionality principle, and there was also no basis for ruling that it was contrary to Danish law, Danish legal doctrines or Denmark's international obligations.

The High Court had reached the same conclusion.