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Danish Penal Code - Special Chapters

Chapter 12

Offences against the Independence and Safety of the State

§98

(1) Any person who, by foreign assistance, by the use of force, or by the threat of such, commits an act aimed at bringing the Danish state or any part of it under foreign rule or at detaching any part of the state shall be liable to imprisonment for any period up to life imprisonment.

(2) The same penalty shall also apply to any person who, for the purpose mentioned in Subsection (1) above, organises extensive sabotage, suspension of production or traffic, as well as to any person who partakes in such an act, conscious of its purpose.

§99

(1) Any person who commits an act aimed at involving the Danish state or any allied power in war, enemy occupation or other hostilities, such as blockade or any other coercive measure or who otherwise endeavours to bring about, by foreign assistance, a violation of the independence of the Danish state, shall be liable to imprisonment for any term up to life imprisonment.

(2) For the purpose of this Section and other Sections of Chapters 12 and 13 of this Act, enemy occupation shall mean foreign occupation of any territory of the Danish state, if and so long as it is inflicted on the country by the use of force or by the threat of force.

§100

(1) Any person who by public statements incites enemy action against the Danish state or who brings about an evident danger of such action shall be liable to imprisonment for any term not exceeding six years.

(2) Any person who by public statements incites intervention by a foreign power in the affairs of the Danish state or who brings about an evident danger of such intervention shall be liable to a fine or imprisonment for any term not exceeding one year.

§101

Any person who, in the face of impending war, enemy occupation or any other hostilities commits an act by which preparations are made for aiding the enemy shall be liable to imprisonment for any term not exceeding 16 years.

§102

(1) Any person who, in time of war or enemy occupation, assists the enemy by word or deed or, for the promotion of enemy interests, impairs the military efficiency of the Danish state or any allied power, shall be liable to imprisonment for any term not exceeding 16 years.

(2) The following acts shall be deemed to be assistance to the enemy:

1) Recruitment for or service in the armed forces of any enemy power at war or in occupation, or in associated military or police forces or in any similar bodies or organisations.

2) Exercise of functions as a civil employee in the police or prison administration of any enemy power at war or in occupation, where such functions include participation in the examination or custody of prisoners.

3) Informing or similar collaboration with any enemy authority or any associated organisation or person bringing about the arrest or risk of arrest or injury of anybody associated.

4) Propaganda for the benefit of any enemy power at war or in occupation, including activities as publisher, editor or administrative officer of any daily paper, periodical, publishing business or press bureau working for the promotion of enemy interests.

5) Payment of substantial financial assistance to others with a view to promoting propaganda of the nature referred to in No. 4) above or to any party or organisation unduly co-operating with the enemy power at war or in ccupation or promoting the interests of such power.

(3) Where informing as under No. 3, Subsection (2) above has taken place under such circumstances that the informer was aware that a person thereby incurred the risk of imminent danger of losing his life, suffering grievous harm to person or health, of being deported or being deprived of his liberty for a long time, or where Sections 245, 246 or 250 of this Act have been contravened with a view to extorting evidence or a confession or otherwise as part of any maltreatment of prisoners, imprisonment for life may be inflicted.

§103

(1) Any person who, in time of war or occupation or imminent danger of such, fails to fulfil a contract relating to measures taken by the Danish state in this connection, or who otherwise counteracts such measures, shall be liable to imprisonment for any term not exceeding three years.

(2) If the failing fulfilment is due to gross negligence, the penalty shall be a fine or imprisonment for any term not exceeding four months.

§104

(1) Any person who, directly or through an intermediary, unduly co-operates for commercial purpose with any enemy power at war or in occupation shall be liable to a fine or to imprisonment for any term not exceeding eight years,

(2) Criminal liability under Subsection (1) above may devolve on any person who has had a position of management in the undertaking concerned. Criminal liability may also devolve on other persons employed in the undertaking when their conduct has been particularly objectionable.

(3) In determining whether and, if so, to what extent the co-operation is deemed to be undue in this sense, account shall be taken not only of the importance of the undertaking to the enemy power at war or in occupation, but also of whether the person concerned

1) had himself taken steps to arrange for the establishment, continuation or extension of any business relations; or

2) in the interest of the enemy at his own initiative has reorganised the undertaking, or has achieved, or attempted to achieve, an increase or acceleration of production above what was necessary; or

3) had called on the assistance of the enemy in his relations with any Danish authority with a view to promoting his own interests; or

4) had prevented or tried to prevent any Danish public authority from obtaining full access to knowledge of the circumstances of the undertaking;

5) had obtained or tried to obtain an excessive profit or any other privileges not reasonably justified in the undertaking

§105

Any person who, in time of enemy occupation, commits an act aimed at inducing the occupying power or any organisation or person associated with that power to impair the independence of any Danish public authority, or who takes undue advantage of any connection with the occupying power or with any organisation or person associated with that power with a view to obtaining for himself or for others a special privilege, shall be liable to imprisonment for any term not exceeding eight years.

§106

Any person who acts against the interests of the state in carrying out a duty entrusted to him to negotiate or settle, on behalf of the state, any matter with any foreign state, shall be liable to imprisonment for any term not exceeding 16 years.

§107

(1) Any person who, being in the service of any foreign power or organisation or for the use of persons engaged in such service, inquires into or gives information on matters which, having regard to Danish state or public interests, should be kept secret, shall, whether or not the information is correct, be guilty of espionage and liable to imprisonment for any term not exceeding 16 years.

(2) If the information is of the nature indicated in Section 109 of this Act, or if the act is committed in time of war or enemy occupation, the penalty may be increased to imprisonment for life.

§108

(1) Any person who, by any act other than those covered by Section 107 of this Act, enables or assists the intelligence service of a foreign state to operate directly or indirectly within the territory of the Danish state shall be liable to imprisonment for any term not exceeding six years.

(2) If the information concerns military affairs or if the act is committed during war or enemy occupation, the penalty may be increased to imprisonment for any term not exceeding 12 years.

§109

(1) Any person who discloses or imparts any information on secret negotiations, deliberations or resolutions of the state or its rights in relation to foreign states, or which has reference to substantial economic interests of a public nature in relation to foreign countries, shall be liable to imprisonment for any term not exceeding 12 years.

(2) If any of these acts has been committed through negligence, the penalty shall be a fine or imprisonment for any term not exceeding three years.

§110

(1) Any person who forges, destroys or removes any document or any other instrument that is of importance to the safety of the state or to its rights in relation to foreign states shall be liable to imprisonment for any term not exceeding 16 years.

(2) If any of these acts has been committed through negligence, the penalty shall be a fine or imprisonment for any term not exceeding three years.

§110a

(1) Any person who, intentionally or through negligence, without being duly authorised to do so,

 

1) describes, takes photographs or otherwise depicts Danish military works of defence, depots, units, arms,  material etc., which arenot accessible to the public, or who copies or publishes such description or depictions; or

2) publishes provisions relating to the mobilisation of Danish forces or other war preparations, shall be liable to a fine or imprisonment for any term not exceeding three years.

(2) Any person who, intentionally or through negligence, without being duly authorised to do so, takes photographs from aeroplanes over any territory of the Danish state or publishes such unlawfully taken photographs, shall be liable to a fine.

§110b

Any person who gives his assistance to any violation of neutrality against the Danish state on the part of any foreign power shall be liable to imprisonment for any term not exceeding eight years.

§110c

(1) Any person who contravenes any provisions or prohibitions that may have been provided by law for the protection of state defence or neutrality shall be liable to a fine or to imprisonment for any term not exceeding four months or, in aggravating circumstances, to imprisonment for any term not exceeding three years.

(2) Any person who contravenes any provisions or prohibitions that may have been provided by law for the fulfilment of the state’s obligations as a member of the United Nations shall be liable to a fine or to imprisonment for any term not exceeding four months or, in aggravating circumstances, to imprisonment for any term not exceeding four years.

(3) Any person who contravenes any provisions provided by or issued pursuant to regulations adopted under the provisions of Articles 60, 301 or 308 of the Treaty on the European Union and that aims at discontinuing or reducing in whole or in part the financial or economic relations with one or more countries outside the European

Union or at similar sanctions towards individuals, groups of individuals or legal persons shall be liable to same punishment as stated in (2).

(4) If any offence is committed as mentioned in (1), (2) or (3) through negligence, such offence shall be punished with a fine or with imprisonment for any term not exceeding two years.

§110d

If any of the offences dealt with in Chapters 25, 26 or 27 of this Act is committed against a foreign sovereign or the head of any foreign diplomatic mission, the penalty may exceed the most severe penalty prescribed for any of the offences by up to one half, unless where the offence is dealt with in chapter 13.

§110e

Any person who openly insults any foreign nation, foreign state, its flag or any other recognised symbol of nationality or the flag of the United Nations or the Council of Europe shall be liable to a fine or to imprisonment for any term not exceeding two years.

§110f

The offences referred to in this Chapter shall, in all cases, be dealt with by public prosecution, to be instituted by the order of the Minister of Justice.

 

Chapter 13

Offences against the Constitution and the Supreme Authorities of the State

§111

Any person who commits an act aimed, by foreign assistance, by the use of force, or by the threat of such, at changing the Constitution or making it inoperative shall be liable to imprisonment for any term extending to life imprisonment.

§112

Any person who commits an act directed against the life of the sovereign or of the constitutional regent shall be liable to imprisonment for not less than six years.

§113

(1) Any person who interferes with the safety or independence of the Parliament or otherwise commits any act aimed, by the use of force or the threat of such, at extorting any resolution from the Parliament or preventing it from freely exercising its activities shall be liable to imprisonment for any term not exceeding 16 years or, in aggravating circumstances, to life imprisonment.

(2) The same penalty shall apply to any person who similarly interferes with or exercises coercion against the sovereign or against the constitutional regent or against the ministers, the Constitutional Court or the Supreme Court.

§ 114

(1) Any person who, by acting with the intent to frighten a population to a serious degree or to unlawfully coerce Danish or foreign public authorities or an international organisation to carry out or omit to carry out an act or to destabilise or destroy a country’s or aninternational organisation’s fundamental political, constitutional, financial or social structures, commits one or more of the following acts, when the act due to its nature or the context, in which it is committed, can inflict a country or an international organisation serious damage, shall be guilty of terrorism and liable to imprisonment for any term extending to life imprisonment:

1) Homicide pursuant to Section 237 of this Act

2) Gross violence pursuant to Section 245 or Section 246 of this Act

3) Deprivation of liberty pursuant to Section 261 of this Act

4) Impairment of the traffic safety pursuant to Section 184(1) of this Act; unlawful disturbances in the operation of public means of communication et cetera pursuant to Section 193(1) of this Act; or gross damage to property pursuant to Section 291(2) of this Act; if these violations are committed in a way which can expose human lives to danger or cause considerable financial losses.

5) Seizure of transportation means pursuant to Section 183a of this Act.

6) Gross weapons law violations pursuant to Section 192 a of this Act or Law about Weapons and Explosives Section 10(2).

7) Arson pursuant to Section 180 of this Act; explosion, spreading of noxious gasses, flooding, shipwrecking, railway or other traffic-accident pursuant to Section 183(1)-(2) of this Act; health-endangering contamination of the water supply pursuant to Section 186(1) of this Act; health-endangering contamination of products intended for general use etc. pursuant to section 187(1) of this Act.

8) Possession or use et cetera of radioactive substances pursuant to Section 192 b.

(2) Similar punishment shall apply to any person who, with the in Subsection (1) mentioned intent, transports weapons or explosives. (3) Similar punishment shall further apply to any person who, with the in Subsection (1) mentioned intent, threatens to commit one of the acts mentioned in Subsections (1) and (2).

§ 114a

If one of the acts mentioned in items 1-6 is committed without the act being included in Section 114, the penalty may exceed the highest statutory penalty for the offence by up to half. If the highest statutory penalty for the offence in question is less than four years imprisonment, the penalty may, however, be increased to imprisonment for any term not exceeding six years.

1) Violation of Sections 180, 181 Subsection (1), 183 Subsections (1) or (2), 183 a, 184 Subsection (1), 192 a Subsection (2), 193 Subsection (1), 237, 244, 245, 246, 250, 252 Subsection (1), 266, 288, or 291 Subsections (1) or (2) when the act is included in Article (1) of the Convention for the Suppression of Unlawful Seizure of Aircraft dated 16 December 1970, Article (1) of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation dated 23 September 1971, or Article (II) of the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation dated 24 February 1988.

2) Violation of Sections 180, 181 Subsection (1), 183 Subsections (1) or (2), 184 Subsection (1), 237, 244, 245, 246, 250, 252 Subsection (1), 260, 261 Subsection (1) or (2), 266 or 291 Subsections (1) or (2) when the act is included in Article (2) of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents dated 14 December 1973.

3) Violation of Section 261 Subsections (1) or (2) when the act is included in Article (1) of the International Convention against the Taking of Hostages dated 17 December 1979.

4) Violation of Sections 180, 181 Subsection (1), 183 Subsections (1) or (2), 186 Subsection (1), 192 a Subsection (2), 192 b, 237, 244, 245, 246, 260, 266, 276, 278, 279, 279 a, 281, 288, or 291 Subsection (2) when the act is included in Article (7) of the Convention on Physical Protection of Nuclear Material (the IAEA Convention) dated 26 October 1979.

5) Violation of Sections 180, 181 Subsection (1), 183 Subsections (1) or (2), 183 a, 184 Subsection (1), 192 a Subsection (2), 193 Subsection (1), 237, 244, 245, 246, 252 Subsection (1), 260, 266, 288, or 291 Subsections (1) or (2) when the act is included in Article (3) of the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation dated 10 March 1988, or Article (2) of the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf dated 10 March 1988.

6) Violation of Sections 180, 181 Subsection (1), 183 Subsections (1) or (2), 183 a, 184 Subsection (1), 186 Subsection (1), 192 a Subsection (2), 193 Subsection (1), 237, 244, 245, 246, 250, 252 Subsection (1), 266, or 91 Subsection (2) when the act is included in Article (2) of the International Convention for the Suppression of Terrorist Bombings dated 15 December 1997.

§114b

Any person who

1) directly or indirectly provides financial support to;

2) directly or indirectly procures or collects means to; or

3) directly or indirectly places money, other assets or financial or other similar means at the disposal of:

a person, a group or an association, which commits or intends to commit acts of terrorism as included under Section 114 or 114 a of this Act, shall be liable to imprisonment for any term not exceeding ten years.

§114c

(1) Any person who recruits another person to commit or advance actions included in Sections 114 or 114 a of this Act or to join a group or association in order to encourage that the group or association commits acts of this nature shall be liable to imprisonment for any term not exceeding ten years. Under particularly aggravating circumstances, the penalty may be increased to any term not exceeding sixteen years. It is considered particularly aggravating circumstances especially in cases involving violations of a systematic or organised nature.

(2) Any person who recruits another person to commit or advance actions included in Section 114 b of this Act or to join a group or association in order to encourage the group or association to commit acts of this nature shall be liable to imprisonment for any term not exceeding six years.

(3) Any person who lets himself/herself be recruited to commit actions included in Sections 114 or 114 a of this Act shall be liable to imprisonment for any term not exceeding six years.

§114d

(1) Any person who trains, instructs or in any other way teaches another person to commit or advance actions included in Sections 114 and 114 a of this Act, knowing that this person intends to use the skills for such a purpose, shall be liable to imprisonment for any term not exceeding ten years. Under particularly aggravating circumstances, the penalty may be increased to any term not exceeding sixteen years. It is considered particularly aggravating circumstances especially in cases involving violations of a systematic or organised nature.

(2) Any person who trains, instructs or in any other way teaches another person to commit or advance actions  included in Section 114 b of this Act, knowing that this person intends to use the skills for such a purpose, shall be liable to imprisonment for any term not exceeding six years.

(3) Any person who lets himself/herself be trained, instructed or in any other way taught to commit actions included in Sections 114 or 114 a of this Act shall be liable to imprisonment for any term not exceeding six years.

§114e

Any person who otherwise advances the activities of another person, group or association, committing or intending to commit actions included in Sections 114, 114 a, 114 b, 114 c, or 114 d of this Act, shall be liable to imprisonment for any term not exceeding six years.

§114f

Any person who, by any act other than those included under Sections 114-114e of this Act, participates in or provides significant financial support or other significant support to any corps, group or association, which intends, by use of force, to exert influence on public affairs or give rise to disturbances of the public order, shall be liable to imprisonment for any term not exceeding six years.

§114g Any person who, by any act other than those included under Sections 114-114f of this Act, participates in an illegal military organisation or group, shall be liable to a fine or imprisonment for any term not exceeding two years.

§114h

Any person who, under aggravating circumstances in contravention of the legislation on non-proliferation of weapons of mass destruction et cetera,

1) exports products with dual use without permission;

2) for the use by the authorities in making decisions about products with dual use gives incorrect or misleading information or suppresses information of significance for the decision in the case; or

3) acts in violation of conditions which are stipulated in the authorities’ decisions about products with dual use; shall be liable to imprisonment for any term not exceeding six years.

§115

(1) If any of the offences dealt with in Chapters 25, 26 or 27 of this Act is committed against the sovereign or against the constitutional regent, then, unless the circumstances are covered by Sections 112 and 113 of this Act, the penalties prescribed in the above Chapters for such an offence are increased up to the double.

(2) If any of the said offences is committed against the Queen, the Queen Dowager or the heir apparent, the penalty may exceed the most severe penalty prescribed for any of the offences by up to one half.

§116

(1) Any person who prevents or attempts to prevent any holding of elections to the Parliament, to the Assembly of the Faeroe Islands or to the municipal or any other public councils or authorities, or who corrupts the outcome of any election or renders it impossible to count the votes, shall be liable to imprisonment for any term not exceeding six years.

(2) The same penalty shall apply where such acts are committed in connection with a referendum in public affairs, as provided by law.

§117

Any person who, in the case of the elections or referendums referred to in Section 116 of this Act,

1) unlawfully obtains authorisation, for himself or for others, to take part in the voting; or

2) attempts, by unlawful coercion (as described in Section 260 of this Act), by deprivation of liberty or by taking advantage of a position of superiority, to induce some other person to vote in a particular way or to abstain from voting; or

3) causes, by deceit, some other person, against his intention, to abstain from voting or brings it about that such a person’s vote is rendered invalid or that it has an effect different from that intended; or

4) grants, promises or offers any pecuniary advantage with a view to making a person vote in a particular way or abstain from voting; or

5) receives, or demands or accepts the promise of any pecuniary advantage against voting in a particular way or against abstaining from voting; shall be liable to imprisonment for any term not exceeding two years.

§118

(1) Any person who, by the use of force or the threat of force or by exploiting a fear of intervention on the part of a foreign power, prevents or attempts to prevent any public authority from freely exercising its activities shall, if the act is committed for the purpose of influencing public affairs or disturbing the public order, be liable to imprisonment for any term not exceeding 12 years.

(2) The same penalty shall apply to any person who, for the purpose indicated in Subsection (1) above and by using the means indicated in that Subsection, gravely impairs freedom of speech or prevents any society or any other association from freely exercising its lawful activities.

(3) The same penalty shall again apply to any person who, for the purpose indicated in Subsection (1) above and by using the means indicated in that Subsection, commits the offence dealt with in Section 193 of this Act or any similar act detrimental to the public good.

§118a

The offences referred to in Sections 111-115 and 118 of this Act shall in all cases be dealt with by public prosecution, to be instituted by the order of the Minister of Justice.