Skyldspørsmål

Skyldspørsmål, a term used primarily in Danish criminal law, refers to the legal inquiry into whether a defendant should be held criminally liable for the alleged conduct. It is the distinction between mere factual accusations and the establishment of guilt as required for criminal sanction.

In the Danish penal system culpability is split into two main questions: the delikt question (whether a crime has occurred and an offender can be identified) and the skyldspørsmål (whether that offender is criminally responsible). While the delikt question can be settled through evidence and trial, the skyldspørsmål demands that the court assess at least one of the elements of the legal responsibility test—such as the intent, recklessness, or negligence that justify criminal liability.

Procedurally, the skyldspørsmål is decided by the court after evidence has been presented during the trial. A defendant may plead not guilty or assert a legal defense that negates a requisite element of responsibility, such as lack of intention or self‑defense. The court’s determination of guilt or innocence is recorded in a verdict and may be appealed.

The outcome of a skyldspørsmål has direct consequences for sentencing: only a guilty verdict leads to a prison sentence, fine, or other penalty. A not‑guilty verdict can result in an acquittal, dismissal of charges, or, in rare cases, a retrial if new evidence emerges. Thus, the skyldspørsmål is a cornerstone of Denmark’s criminal procedure, ensuring that punishment is only applied when a clear legal standard of responsibility is met.