courts
Danish state authorities exercising judicial power and deciding guilt and punishment
Courts are the state authorities that exercise judicial power in Denmark and resolve legal disputes between parties, including criminal cases brought by the prosecution service against individuals. Under Danish law, the ordinary courts consist of the Supreme Court (Højesteret), the high courts (landsretterne), the district courts (byretterne), the Maritime and Commercial Court (Sø- og Handelsretten) and the Land Registration Court (Tinglysningsretten), and their basic legal status is set out in the Danish Administration of Justice Act (retsplejeloven) § 1.
The courts are organised in a hierarchical system of instances. The district courts are the court of first instance and handle by far the greatest part of all cases in Denmark. The high courts function primarily as appellate instances above the district courts, but also hear certain cases at first instance. The Supreme Court is the highest court and deals with questions of principle of significance for the application of the law.
In criminal cases, which are central in a true crime context, it is the courts that decide questions of guilt and punishment. The prosecution service brings charges, while the court delivers judgment on the basis of the evidence presented and the parties' submissions. The courts are independent of the executive and legislative branches, which is a fundamental rule-of-law principle in Denmark.
The Maritime and Commercial Court handles specialised cases within commercial and maritime law, while the Land Registration Court administers the registration of, among other things, property rights. Both formally belong to the group of ordinary courts, but differ from the rest of the instance system through their specialised caseload.
The role of the courts is central to any criminal proceedings, since only a court can impose a custodial sentence or another criminal sanction on a defendant. Outside the ordinary courts there are also special boards and tribunals, such as the Special Court of Appeal (Den Særlige Klageret), which hears cases concerning the reopening of concluded criminal cases.
