Victim's lawyer in Denmark (bistandsadvokat)

What is a bistandsadvokat?

A bistandsadvokat is your personal lawyer during the criminal proceedings. Unlike a defence lawyer, who represents the accused, the bistandsadvokat is entirely on your side. The lawyer's fees are paid by the state - it costs you nothing. You choose your own lawyer; you are not required to use whoever the police suggest.

Who has the right to a bistandsadvokat?

The right is set out in chapter 66a of the Danish Administration of Justice Act (retsplejelovens §§ 741a-741g). There are two levels:

Automatic appointment (unless you decline)

In cases involving rape and certain other serious sexual offences (§§ 210, 216, 222 stk. 2 and 223 stk. 1 of the Criminal Code), a victim's lawyer is appointed automatically. You also have the right to speak with a lawyer before the police interview you - and since February 2022, you can get free, confidential advice before deciding whether to report the offence at all (§ 741a, stk. 4).

Appointment on request

Victims of a wide range of other serious offences can request appointment of a bistandsadvokat, including:

• Violence against public officials (§ 119).
• Witness intimidation (§ 123).
• Sexual offences including grooming and indecency (§§ 231-232).
• Attempted homicide (§ 237, jf. § 21).
• Stalking, psychological violence and physical violence (§§ 242-246).
• Negligent bodily harm and endangerment (§§ 249-250).
• Coercion, unlawful deprivation of liberty and human trafficking (§§ 260-262b).
• Robbery (§ 288).

What your victim's lawyer can do

• Advise you before the police interview you.
• Attend all police interviews and court hearings involving you.
• Ask supplementary questions when you give evidence.
• Object to unlawful evidence or cross-examination.
• Request that hearings be closed to the public during your testimony.
• Present and document your claim for compensation.
• Give you a free follow-up meeting after the case concludes (in sexual offence cases).

Compensation as a victim of crime in Denmark

You may be entitled to compensation from the perpetrator (claimed during the criminal trial) and/or from the state through Erstatningsnævnet (the Criminal Injuries Compensation Board), governed by the Criminal Injuries Compensation Act (LBK nr 1209 of 18 November 2014). Compensation can cover:

• Pain and suffering (svie og smerte).
• Permanent impairment (varigt men).
• Loss of earning capacity (erhvervsevnetab).
• Treatment costs.
• Non-material damages for particularly serious offences (tort), typically DKK 10,000-150,000.

The deadline for applying to Erstatningsnævnet is 2 years from the date of the offence, 2 years from the final verdict, or 2 years from the police decision to close the investigation. Do not miss this deadline.

Rights for foreigners detained in Denmark

If you are a foreign national detained by Danish authorities for immigration reasons (not as a criminal suspect), you have a separate right to a court-appointed lawyer under section 37 of the Aliens Act. You must be brought before a court within 3 days, and the court will appoint a lawyer for you automatically.

Does the right to a victim's lawyer apply to foreign nationals?

Yes, without exception. Chapter 66a of the Administration of Justice Act applies to all victims of crime in Denmark regardless of nationality. The right is attached to the offence committed in Denmark, not to the victim's citizenship.

What if I have not reported the crime yet?

In cases involving sexual offences, you have the right to a free, confidential consultation with a bistandsadvokat before deciding whether to report. This right was introduced by Act no. 226 of 15 February 2022 and is specifically designed to help victims make an informed decision.

Can I get compensation even if the perpetrator was not convicted?

Yes. The state (through Erstatningsnævnet) can pay compensation even if the perpetrator is unknown, acquitted or unable to pay, as long as you have reported the crime and cooperated with the investigation.