Imprisonment

It is the law of the country you are visiting, not Danish law, that applies abroad. Legal provisions and penalties vary from country to country. The embassy or consulate cannot get you out of prison if you break the laws of the country you are visiting.

Be careful!

Conditions in foreign prisons are often harsh compared with those in Denmark. Stay away from all drugs – in some countries, this can result in life imprisonment or even the death penalty. If you have the slightest doubt, never help others to carry anything through customs. In some countries, alcohol, pornography and the like are prohibited. Do not take photographs near ports, airports, military installations and so forth.

Assistance for imprisoned Danes

If, as a Danish citizen, you are arrested abroad, you are entitled to contact a Danish embassy or consulate if you so wish.

If you are imprisoned abroad, the laws of the host country apply. This means that you may be imprisoned for an offence that is not a criminal offence in Denmark. You may also receive a harsher sentence than you would in Denmark.

If a Danish citizen is imprisoned, the embassy or consulate will endeavour as soon as possible to ascertain whether the prisoner needs assistance in contacting a lawyer, relatives in Denmark or others. Unless the prisoner objects, the embassy or consulate will visit the prison regularly and monitor the progress of the legal proceedings. 

However, under international law, persons with dual nationality cannot invoke the consular protection of one state over the other. Furthermore, under international law, Denmark does not have the right to provide consular protection to persons without Danish citizenship, although this is tolerated to a certain extent in some countries.

How we can help:

• Provide a list of local lawyers.
• Contact your relatives in Denmark.
• Try to ensure that you are treated in accordance with the rules and conditions that apply locally.
• Try to ensure that your basic needs are met, e.g. access to medical care and medication.
• Provide guidance on transferring money.
• Visit you in prison, if possible.
• Monitor the progress of the legal proceedings as a neutral observer.

What we cannot help with:

• Paying your expenses, such as legal fees and essentials in prison. It is recommended to check whether your travel insurance covers legal assistance. 
• Lending you money.
• Gathering evidence or investigating a case.
• Influencing the outcome of a trial.

No scope to exert influence

It is official Danish policy to encourage other countries to establish a system based on the rule of law, with a clear separation between the legislative, judicial and executive powers, where the courts and the prosecution service can operate independently of political decisions and pressure.

Therefore, it is not possible for the Foreign Service, in cases involving imprisoned Danish citizens, to intervene through political means and urge foreign authorities to deviate from these fundamental legal principles in favour of Danish citizens.