Denmark has a well-developed system of rights for crime victims; including the right to a free personal lawyer (bistandsadvokat) who is entirely on your side throughout the criminal process. These rights apply fully to foreign nationals. This guide explains what to expect and how to protect your interests.
Your right to a free victim’s lawyer
Under chapter 66a of the Danish Administration of Justice Act, if you are the victim of a serious offence in Denmark, you have the right to a bistandsadvokat (victim’s counsel) at no cost to you. The offences covered include:
- Rape and other serious sexual offences (automatically appointed — §§ 210, 216, 222 stk. 2, 223 stk. 1).
- Violence, stalking, psychological violence and physical assault (§§ 119, 242–246).
- Grooming, indecency and sexual exploitation (§§ 231–232).
- Robbery, coercion, unlawful detention and human trafficking (§§ 260–262b, 288).
You choose your own lawyer. You can find a list of bistandsadvokater at your local court (domstol.dk), or you can contact Globe Advokater directly.
Before you report: your right to confidential legal advice
Since February 2022, victims of sexual offences in Denmark have the right to a free, confidential consultation with a bistandsadvokat before deciding whether to report the crime to the police (§ 741a, stk. 4). This consultation is protected, it does not commit you to anything and your lawyer cannot disclose it.
What your lawyer does during the investigation
Police interviews of victims of sexual offences are typically video-recorded (§ 745e). This means you often do not need to give live testimony in court — the recording is used as evidence instead. Your lawyer can be present during the interview, and you have the right to speak with your lawyer before the interview begins.
Compensation: two routes
Route 1:
Direct claim against the perpetrator: Your lawyer presents your compensation claim during the criminal trial. The court awards compensation as part of the verdict. This typically covers pain and suffering, treatment costs, loss of earnings and non-material damages.
Route 2:
State compensation via Erstatningsnævnet: If the perpetrator cannot pay or is unidentified, you can apply to the Criminal Injuries Compensation Board (Erstatningsnævnet). The deadline is 2 years from the offence, final verdict or police decision to close the case. The board applies the same rules as civil courts.
Special rights for foreigners detained by immigration authorities
If you are a foreign national detained by Danish immigration authorities (rather than as a suspect in a criminal case), 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 a lawyer is appointed for you automatically. This is a distinct process from the crime victim system.
Practical tips for foreign victims in Denmark
- Report the crime as soon as possible — delays can affect evidence and your right to compensation.
- Ask the police to provide an interpreter if Danish is not your language.
- Ask for a bistandsadvokat immediately — before any interview.
- Keep all medical and psychological treatment records as evidence for your compensation claim.
- Note the 2-year deadline for Erstatningsnævnet applications.
Globe Advokater is available in English. If you have been the victim of a crime in Denmark, contact us immediately for a free and confidential assessment of your rights.
