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Denmark / Supreme Court / 40/2020

The Prosecution Service v. T

Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Type:
Decision
Decision date:
19/08/2020
Key facts of the case:
Note that this executive summary has the purpose to make us understand: 1. the facts of the case (so the “real life story”) 2. the legal background against which the case unfolded (what are the relevant legal norms that are applied) T was charged with assault under extremely aggravating circumstances by on 27 December 2017 having kicked or hit the deceased (hereafter F) three times in the back and by stabbing F several times in the head with a screwdriver or similar object. T was in a relationship with F and was employed by F as a stable manager, F ran a business with horses and cattle. T was at a Christmas party at a friend’s on 27 December 2017, on the same evening he was picked up by F in a car. F was later found dead. T was convicted of aggregated violence resulting in death in the Eastern High Court. T was sentenced to 3 years and 6 months imprisonment and T was sentenced to expulsion and barred from entering Denmark.
Key legal question raised by the Court:

The case concerned the question whether the action fell within Section 246 in the Danish Criminal Code. If so, T would be found guilty of assault with extremely aggravating circumstances, and the nature of the criminal offense would speak in favor of expulsion and being barred from entering Denmark. The Eastern High Court also assessed the question of whether expulsion was possible. As T is a Norweigan citizen and therefore an EEA citizen, expulsion was only possible if it was in accordance with the EU principles regarding limitations on the right to free movement, cf. Section 26 b in the Danish Act on Foreigners implementing Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004. The

Eastern High Court made an assessment of T’s attachment to Denmark and whether expulsion was proportionate in accordance with art. 8 in the European Convention on Human Rights and art. 7 in the EU Charter of Fundamental Rights. The Supreme Court had to assess, whether the High Court’s application of the law was correct.

Outcome of the case:
On the question whether the action fell within Section 246 in the Danish Criminal Code, the eastern high court found that it was proven that T had commited the acts and that the nature of the acts fell within Section 246 in the Danish Criminal Code. Considering the nature of and the seriousness of the crime the High Court found, after an overall assessment, that expulsion was not a disproportionate measure. Expulsion was therefore in accordance with the EU principles regarding limitations on the right to free movement, cf. Section 26 b in the Danish Act on Foreigners implementing Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004. The Supreme Court upheld the judgement.