rettergang

Rettergang is the process by which a court determines disputes or criminal liability in Danish and Nordic legal systems. The term combines ret (law or right) with gang (going or proceeding), reflecting its function as a formal proceeding before a court or tribunal. In Danish law, as in other Nordic jurisdictions, rettergang encompasses both civil and criminal proceedings and is governed by procedural rules that guarantee due process, the presumption of innocence, and the right to legal defense.

Typical stages include initiation, where a case is brought by indictment or civil claim; pre-trial procedures such as investigation, disclosure, and pre-trial rulings; the main hearing, where evidence is presented, witnesses are examined, and legal arguments are made; and the verdict, where the court renders a judgment or sentence. In criminal trials, the burden of proof rests with the prosecution; the defense may challenge evidence and present a defense. In civil cases, the plaintiff bears the burden for certain claims while the defendant may present counter-arguments. The decision may be subject to appeal.

Open and public hearings, equality before the law, right to counsel, and the opportunity to confront witnesses are typical features. The exact form—the use of professional judges, lay assessors, or mixed panels—varies by country and era, reflecting a spectrum from inquisitorial to adversarial traditions.

History and scope: Rettergang has roots in medieval legal practice and evolved with codification of procedures and strengthening of rights of the accused. Today it forms the core of how disputes and crimes are resolved in courts, ensuring that determinations are based on presented evidence and applicable law.