Information for defendants

The keeping of items

In criminal investigations by the police, it is sometimes necessary to seize certain items that the accused owns or has in his possession. These are for example phones, computers and items that the police believe have evidence in a criminal case or because they have been obtained in a criminal manner. Therefore, the possession of a person is deprived of possession of property if certain conditions are met.

Search of premises

When there is reason to suspect that an offence has been committed which may result in a punishment of imprisonment, the police may obtain authorisation to search the houses, storerooms and vehicles of both the accused and other individuals, provided that certain conditions are met.

As a general rule, the police can only conduct searches on the basis of a court order unless the unambiguous consent of the owner or keeper has been obtained or if there is an urgent risk that waiting for a ruling will cause criminal damage. Searches may be carried out without court order in the open and in premises or vehicles that are open to the public or that each person can walk about without question.

Arrest

The police may demand detention from the accused if there is a danger that property may be foreclosed upon or lost or substantially deteriorated. The police may do this to ensure payment of the fine, prosecution costs and the confiscation of any benefits obtained through an offence. Detention shall be suspended if the defendant has been acquitted by final judgment of payment of a fine and the cost of prosecution or the confiscation of benefits has not been sentenced.

The same applies if a prosecution has been dropped or an investigation does not lead to a prosecution. The defendant shall then have the right to have the measures taken to secure his/her detention repealed. The same option shall apply if the defendant makes the payments to be secured by the stay.

Phone listening

Phone-hacking is one of the measures classified as a measure of coercion that the police can take in criminal investigations. Phone-hacking cannot be used without a ruling from a judge.

Detention

When a criminal investigation is conducted by the police or while a criminal case is being handled by the prosecution, it may be the case that the freedom of movement of the accused is requested to be curtailed, usually in such a way that he or she is prohibited from leaving the country. This is done by a ruling from a judge.

Search for accused

The accused may be sought if necessary in order to collect items to be seized from him or her if there is reason to suspect that he or she has committed an offence which may be punishable by imprisonment according to the Penal Code or two years' imprisonment according to other laws. Others than the accused may also be searched under the same conditions, provided there is reasonable suspicion that they have objects which are to be seized.

If the defendant is considered to hide internal objects or material to be seized, a search may be carried out if there is reason to suspect that he or she has committed an offence which may be punishable by six years' imprisonment. Furthermore, a medical doctor's opinion must be available to the effect that it is safe to use a search under this paragraph with regard to the health of the accused.

Fingerprinting and sampling

Fingerprints and photographs of the accused may be taken for the purpose of the investigation and a breath sample taken for the same purpose. Blood and urine samples and other biological samples may also be taken from the accused and examined, if there is reason to suspect that he or she has committed an offence which may be punishable by law by imprisonment. A physical examination shall be decided by a judge's ruling unless the consent of the person concerned is unambiguous. However, physical examination may be permitted without a court order if there is an urgent risk that a stay of the order will cause criminal damage.