anholdelse

Anholdelse is the act by which a person is detained or arrested by the police in Denmark on suspicion of having committed a crime. It is a preliminary measure in the Danish criminal procedure, used to secure evidence, prevent flight, or facilitate questioning. Anholdelse is regulated by the Administration of Justice Act (Retsplejeloven) and related rules, and must comply with constitutional rights and the European Convention on Human Rights.

A police officer may effect an arrest with or without a warrant if there are reasonable grounds and urgent circumstances. The arrestee must be informed of the reason for the arrest and of their rights, including the right to a lawyer and the right to silence. The person is typically taken to a police station for questioning, and the arrest must be registered with the prosecutor as soon as possible.

Following an arrest, the person must be brought before a public prosecutor or a court within a short time limit. The prosecutor or court decides whether to release the person, impose temporary restrictions, or order continued detention. If continued detention is authorized, it may take the form of remand in custody (fængsling) or other measures, decided by a court and subject to regular review by a judge.

Rights of those detained include access to legal counsel, notification of relatives, interpretation if needed, humane treatment, and the ability to challenge the detention in court.

Anholdelse differs from longer-term detention, such as fængsling or other deprivation of liberty, which require a court decision and follow separate procedural rules. The term is primarily used in Danish law, and similar concepts exist in other Nordic jurisdictions under different terminology.