overträdelse

Overtrædelse is a Danish legal term that denotes a breach or violation of law or regulation. It is a broad concept used to describe offenses that do not meet the harsher threshold of criminality as defined by the Penal Code. In practice, overtrædelser are often associated with administrative or petty violations, distinctions that can vary by statute and context.

The scope of overtrædelser includes behaviors that authorities treat as non-criminal breaches, such as certain administrative violations, municipal by-law breaches, or minor regulatory infringements. Penalties for these offenses are typically non-custodial and may consist of fines, warnings, or other administrative sanctions. In some cases, repeated or serious conduct might be escalated to criminal charges if the statute allows or requires it.

Enforcement of overtrædelser is usually handled through administrative processes by police, prosecutors, or municipal authorities, rather than through formal criminal trials. However, the line between overtrædelse and forbrydelse (crime) is not always clear-cut and can depend on the specific legal provision involved. Some offenses described as overtrædelser may still be prosecuted in court and carry criminal penalties if the conduct is deemed sufficiently grave.

Etymologically, overtrædelse reflects the idea of stepping beyond permitted boundaries. As a legal category, its practical significance lies in organizing liability and sanctions so that responses are proportionate to the nature and impact of the misconduct.