Frihedsberøvelse

Frihedsberøvelse, also known in Danish law as “frihedsberøvelse”, refers to the involuntary restriction of an individual’s freedom of movement and personal liberty by state or legal authority. The concept is a foundational principle in criminal and civil procedures, highlighting a balance between individual rights and public security.

In the Danish legal system, frihedsberøvelse is primarily regulated by the Danish Penal Code (Strafkodekset) and the Freedom of Movement Act. The Penal Code allows police and court authorities to impose preventive detention (forvaring) for individuals deemed a serious threat to public safety. The severity of the detention is determined by a court following a formal hearing, ensuring the detention is proportionate and justified by evidence. The Freedom of Movement Act further governs temporary restrictions, such as travel bans or restrictions following civil proceedings, ensuring they are the least intrusive method to achieve the intended objective.

Internationally, the term aligns with the concept of “deprivation of liberty” as defined by the European Convention on Human Rights and interpreted by the European Court of Human Rights. The court imposes stringent criteria, demanding that any deprivation must be: (1) authorized by law; (2) necessary, proportionate, and subject to judicial oversight; and (3) temporary unless justified by an ongoing threat.

Practical applications include drug trafficking cases, terrorism suspects, and for safeguarding minors or vulnerable people. Families and advocacy groups closely monitor frihedsberøvelse instances, demanding legal transparency and appeals procedures. Due process remains central, with individuals having the right to challenge the legality and necessity of any deprivation before an independent court.