Extradition from Denmark: How the Procedure Works and What an Extradition Lawyer Does

Who decides an extradition case in Denmark?

Since the Extradition Act took effect on 15 February 2020, section 35 places the decision with the court on the prosecution’s application. The case normally goes to the district court where the person lives or stays; if neither venue applies, it may be heard where the person was apprehended. The Ministry of Justice designates a central authority but is not the final decision-maker in the ordinary process, and Copenhagen City Court is not a nationwide extradition court.

The Director of Public Prosecutions (Rigsadvokaten) coordinates preparation of non-Nordic requests with the police district. The police district prepares Nordic cases, and the local prosecution service brings the case to court. A prosecutor’s recommendation is not the final judicial order.

Which legal framework applies to a request from abroad?

Denmark has separate Nordic, EU and third-country tracks, plus a post-Brexit route for the United Kingdom. Chapter 6 gives the common procedure; chapters 3–5 set different eligibility rules. A treaty may affect the conditions but does not displace the Danish Act or human-rights obligations.

For an EAW, section 13 permits surrender for one of 32 listed offence categories where the issuing state’s maximum custodial penalty is at least three years, without a separate double-criminality check. Under the current statutory wording, non-listed prosecution offences generally require a maximum penalty of at least one year in the issuing state and a corresponding offence under Danish law; sentence enforcement generally requires a sentence of at least four months and corresponding criminality. Check the actual warrant and applicable route rather than relying on the thresholds alone.

For a third-country request, section 19 generally requires conduct punishable under Danish law by at least one year for prosecution of a non-Danish national, although an agreement may permit a lower threshold. Section 21 generally requires at least four months for sentence enforcement and corresponding criminality, unless an agreement says otherwise. Section 20 requires a decision in the requesting state that the person is to be arrested or detained. Read the treaty and request together.

What changes are proposed for 2027?

Bill L 31 was introduced on 7 October 2026 and remains pending as of 29 October 2026. It proposes to amend section 13(2)–(3) so that lack of double criminality becomes a discretionary ground for refusing surrender in non-listed EAW cases, rather than an automatic statutory condition, and to clarify how UK surrender requests are handled under Danish law alongside the EU–UK Trade and Cooperation Agreement. The Ministry of Justice says the current wording does not give courts the discretion required by EU law for this optional refusal ground. The bill proposes commencement of the extradition-law changes on 1 January 2027, but it is not enacted law as of the date above. In a live case, counsel should address both the current Danish text and the relevant EU-law interpretation, and re-check enactment and commencement before relying on the proposal.

What happens after an arrest or an extradition request?

How long can the Danish process take?

Several statutory periods are targets “as far as possible,” not guarantees that every case will finish by a fixed date. The Act sets no deadline for the first-instance decision in a third-country case; official guidance says it should still be handled as quickly as possible. Further information, translation, detention disputes and appeals can affect the duration.

The post-decision transfer periods come from section 38(2). If a person is detained to secure transfer and the transfer has not taken place before the applicable period expires, section 38(3) requires detention under that provision to be discontinued, although the court may extend the period in special cases. This is a transfer safeguard, not a general maximum for all detention earlier in the proceedings.

What are the detention rules, and is there bail?

The Extradition Act sets no single overall maximum for detention in every case. Before a final decision, arrest and remand custody follow the ordinary Danish Administration of Justice Act rules through section 32. Detention must be lawful, necessary and proportionate, with court review. Under section 767, each remand period is normally no longer than four weeks, but it can be renewed; this is a limit per review period, not a four-week cap on the whole case.

If the person is not released, section 760 normally requires appearance before a judge within 24 hours. If an immediate remand decision is not possible, the court may temporarily maintain the arrest; within a further three times 24 hours after the first hearing ends, the person must return before a judge, who decides release, remand or an alternative. These are first-appearance rules, not the extradition-decision deadline. Denmark does not default to US-style cash bail; counsel can seek release or a less restrictive measure. The High Court handles detention extensions when the case is pending there. After finality, section 38(3) separately permits detention to secure transfer within statutory limits, with special extension possible.

Keep every detention order and the next review date. Give counsel reliable information about residence, family, health, medication and any reason continued detention is unnecessary or disproportionate.

Does Danish citizenship prevent extradition?

Danish citizenship is not a blanket bar to extradition. For a third-country prosecution request, section 18 adds conditions: where an agreement exists, the person generally must have lived in the requesting state for the two years before the offence and the conduct must carry at least one year of imprisonment under Danish law, or it must carry more than four years. Without an agreement, extradition may still be possible where the other conditions are met and special law-enforcement considerations justify it.

Section 7 allows a return-to-Denmark condition for a Danish national or permanent resident extradited for prosecution. Extradition to enforce a sentence may be refused if the sentence is instead served in Denmark. Citizenship, residence, prosecution versus enforcement and treaty terms are separate issues. Dual citizenship alone does not decide the case; see extradition and dual citizenship.

What does consent to extradition mean?

Section 36 permits consent to extradition at a court hearing, and the court must explain its consequences. Consent may shorten the process; section 35(4) allows certain consent cases to be handled without a further hearing. Consent is not the same as waiving attendance and should not be treated as a formality.

A separate declaration may concern prosecution or onward extradition for other earlier offences. This can affect the rule of speciality, which generally limits the receiving state to the offences covered by surrender. Counsel should explain each declaration separately before it is made.

What does a defence lawyer do at each stage?

Counsel should first identify the track—Nordic warrant, EAW, British Arrest Warrant under the TCA or treaty-based third-country request—because each has different thresholds, timing and document requirements. Check identity, issuing authority, offence description, sentence or potential penalty and completeness under section 30.

During the investigation, counsel can request access to available material, correct identity or factual errors, provide relevant personal documents and ask the requesting state for missing information. Section 6 bars extradition where there is a risk of serious persecution on the grounds listed in the Act, torture or other inhuman or degrading treatment, or another breach of Denmark’s international obligations. Concerns about detention, treatment, fair-trial access or other rights require current, individualised evidence, not general statements about a country. Detailed refusal grounds and appeal strategy belong on the separate guide to stopping extradition from Denmark.

At court, distinguish a defect in the warrant from a dispute about guilt abroad; the Danish court generally does not conduct a full retrial of the foreign charge. For third-country requests, however, section 23 prohibits extradition for an act where special circumstances indicate that the charge or judgment lacks a sufficient evidential basis. Link each objection to the relevant provision, treaty or binding authority. Danish is the language of proceedings, and the police district may arrange translation of foreign material.

For an EAW objection based on detention conditions, the CJEU Grand Chamber judgment in Dorobantu (C-128/18, 15 October 2019) requires a concrete assessment of the prison where the person is actually likely to be held, using objective, reliable, specific and current information. Relevant factors include personal cell space, sanitation and freedom of movement; general deficiencies alone do not decide the case. In joined cases Rugu and Aucroix (C-722/23 and C-91/24, 4 June 2026), the CJEU further held that, where a custodial-sentence EAW is refused because of detention conditions, the executing state must take all possible steps under the applicable cooperation framework to pursue domestic enforcement; refusal does not by itself end the enforcement issue, and Denmark’s specific statutory route must be checked. Separately, in its order of 27 April 2023, case 62/2022, the Danish Supreme Court refused surrender because the required procedural safeguard was not established for the original judgment that determined guilt. These are fact-specific tests, not automatic refusal rules. Section 6 addresses human-rights barriers; detailed refusal grounds and appeal strategy are covered in the separate guide to stopping extradition from Denmark.

What should the person and family prepare now?

• A copy or photograph of every police notice, court order, warrant, extradition request or document identifying the requesting state.
• The person’s full legal name, date of birth, nationality or nationalities, residence history and identity documents, so that mistaken identity can be checked quickly.
• Any foreign judgment, sentence calculation, summons or document showing whether the request is for prosecution or enforcement of a sentence.
• Medical records, medication details and current specialist reports if health is relevant to detention, transfer or the person’s circumstances.
• Documents about family ties, residence, employment or other circumstances relevant to a lawful request for release, a transfer condition or temporary postponement.
• A dated list of hearings, detention reviews, the date the extradition order was made or served, and any deadline stated by the court.
• Names and contact details of existing defence lawyers in Denmark and the requesting state, if any, plus translations of key documents where available.

Do not conceal documents or avoid the police or court. If the person is detained, establish the next hearing, current detention basis and appeal deadline. If notice arrived before arrest, counsel can check the instrument and procedural status before the first decision.

How should a hypothetical case be approached?

Hypothetical example: a Danish permanent resident is arrested in Jutland on a request from a non-EU state. The family expects the Ministry of Justice in Copenhagen to decide. Instead, the police district and prosecution prepare the case, Rigsadvokaten coordinates the non-Nordic request, and the local district court decides under section 35. There is no fixed statutory deadline for that first-instance decision. Counsel should obtain the formal request, check section 18 or 19 as applicable and record every detention-review date.

Which remedies follow the court’s decision?

Under section 35(6), the district court’s order may be brought before the relevant High Court within three days of the order: Østre Landsret for the islands and Vestre Landsret for Jutland. Further Supreme Court review follows ordinary procedural rules and is not automatic. An application to the Supreme Court stays surrender only if that Court orders a stay. Get advice immediately; detailed grounds, appeal tactics and interim human-rights applications belong in the Denmark refusal and appeal guide.

Because deadlines and detention issues depend on the documents and procedural stage, anyone facing an extradition request should promptly consult a Danish defence lawyer. To ask the site about possible assistance, use the contact request page.