Jurisdiction

Denmark

Denmark - Criminal Code 1930 (2012) EN

GENERAL PART

Chapter 2
General Conditions Concerning the Application of the Provisions of the Criminal Law

§6 Acts committed

1) within the territory of the Danish state ; or
2) on board a Danish ship or aircraft, being outside the territory recognized by inter-national law as belonging to any state ; or
3) on board a Danish ship or aircraft, being within the territory recognized by inter-national law as belonging to a foreign state, if committed by persons employed on the ship or aircraft or by passengers travelling on board the ship or aircraft, shall be subject to Danish criminal jurisdiction.

GENERAL PART

Chapter 2
General Conditions Concerning the Application of the Provisions of the Criminal Law

§ 7 (1) Acts committed outside the territory of the Danish state by a Danish national or by a person resident in the Danish state shall also be subject to Danish criminal jurisdiction in the following circumstances, namely ;

1) where the act was committed outside the territory recognized by international law as belonging to any state, provided acts of the kind in question are punishable with a sentence more severe than imprisonment for 4 months ; or
2) where the act was committed within the territory of a foreign state, provided that it is also punishable under the law in force in that territory.

(2) The provisions in Subsection (1) above shall similarly apply to acts committed by a person who is a national of, or who is resident in Finland, Iceland, Norway or Sweden, and who is present in Denmark.

(3) In the circumstances referred to in Subsection (1)2), an act committed by a person who at the time of the act was a Danish national or a resident in the Danish state is, however, subject to Danish criminal jurisdiction even if it is not punishable under the law of the foreign state, when the act falls within Section 245 a or Section 246 in relation to Section 245 a of this Act.

§ 8
The following acts committed outside the territory of the Danish state, shall also come within Danish criminal jurisdiction, irrespective of the nationality of the perpetrator,

1) where the act violates the independence, security, Constitution or public authorities of the Danish state, official duties toward the state or such interests, the legal protection of which depends on a personal connection with the Danish state ; or
2) where the act violates an obligation which the perpetrator is required by law to ob¬serve abroad or prejudices the performance of an official duty incumbent on him with regard to a Danish ship or aircraft ; or
3) where an act committed outside the territory recognized by international law as be-longing to any state violates a Danish national or a person resident in the Danish state, provided acts of the kind in question are punishable with a sentence more severe than imprisonment for 4 months ; or
4) where the act comes within the provisions of Section 183 a of this Act. The pro secu¬tion may also include breaches of Sections 237 and 244-248 of this Act, when committed in conjunction with the breach of Section 183 a ; or
5) where the act is covered by an international convention in pursuance of which Denmark is under an obligation to start legal proceedings ; or
6) where transfer of the accused for legal proceedings in another country is rejected, and the act, provided it is committed within the territory recognized by international law as belonging to a foreign state, is punishable according to the law of this state, and provided that according to Danish law the act is punishable with a sentence more severe than one year of imprisonment.

Denmark - Military Penal Code 2005 EN

Chapter 1
General Part

§3 The act shall apply to crimes committed within and outside the Danish state.

§4 The act shall also apply to crimes committed against the military forces of other countries cooperating with Danish military forces.

§5 Danish penal authority shall, cf. §§6-12 of the Penal Code, also cover violations of §§28-30 and 32 carried out during armed conflict outside the Danish state regardless of where the offender belongs, unless otherwise provided for in general international law.

(2) Danish penal authority shall furthermore cover violations of §§ 36 and 38 committed outside the Danish state regardless of where the offender belongs, when the violation was committed against Danish military personnel or people covered by § 2 (1) and (2).

Rome Statute

Article 11 Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13 Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.