What you need to know for the test
- The courts hold the judicial power. This is laid down in the constitution, and the courts are independent of the Folketing (the Danish parliament) and the government.
- Denmark has 24 district courts (byretter), two high courts (landsretter) and one Supreme Court (Højesteret). A court case as a rule begins in the byret.
- You have the right to have your case tried in two instances (the two-instance principle).
- As a rule, only the prosecution service – not the courts themselves – can bring a criminal case.
- Any reasonable doubt must benefit the accused.
- You can only be punished if it is directly stated in a law, and the age of criminal responsibility is 15.
- An arrested person must be brought before a judge within 24 hours.
- The Parliamentary Ombudsman (Folketingets Ombudsmand) monitors the authorities and can criticise their decisions.
The separation of powers and the independence of the courts
State power in Denmark is divided into three: the Folketing and the government legislate jointly (the legislative power), the government puts the laws into practice through the ministries (the executive power), and the courts pass judgment (the judicial power). The separation of powers was introduced with Grundloven (the Danish constitution) in 1849 and is meant to ensure that power does not become centralised or abused – the three powers check and limit each other. Read more on the pages about the constitution and rights and democracy and government by the people.
The Danish courts are independent. This means that the Folketing and the government cannot specifically decide how the courts should rule in a court case. Judges are appointed on the recommendation of an independent Judicial Appointments Council and, as a clear general rule, cannot be dismissed administratively. According to the constitution, judges shall in their calling be guided solely by the law, and a judge may not wear religious or political symbols in court.
The courts can consider whether a law conflicts with the constitution and, if so, strike it down – though this has happened very rarely. They also check whether the government and the public administration have made lawful decisions. A minister suspected of something unlawful in office can be brought before a special court, Rigsretten (the Court of Impeachment).
The court instances: byret, landsret and Højesteret
A court case as a rule begins in the byret (district court), which is the first instance. There are 24 district courts in Denmark. A case can normally be appealed once – you have the right to have your case tried in two instances (the two-instance principle). From the byret, a case can as a rule be appealed to the landsret (high court), which is the second instance; there are two high courts.
The highest court is Højesteret (the Supreme Court), which has existed since 1661. Højesteret is an appeal court: you cannot bring a case directly before Højesteret, and a case that has already been appealed from byret to landsret can only be appealed further with special permission. Højesteret's judgments are final. In addition, there is the Maritime and Commercial Court (Sø- og Handelsretten) in Copenhagen, which mainly handles commercial cases. Greenland and the Faroe Islands have their own courts, whose decisions can ultimately be appealed to Højesteret.
The police, the prosecution service and criminal cases
The police are part of the state administration and must, through investigation, obtain the necessary evidence in criminal cases. The Administration of Justice Act (retsplejeloven) lays down which measures the police may take – for example, searches – and the courts check the lawfulness of the investigation. The police may not use coercion during questioning, but everyone is obliged to state their name, address and date of birth. Complaints about police conduct are handled by the Independent Police Complaints Authority (Den Uafhængige Politiklagemyndighed).
As a rule, only the prosecution service (anklagemyndigheden) – not the courts themselves – can bring a criminal case. The prosecution service, which comes under the Ministry of Justice, decides on society's behalf whether charges should be brought. The courts then decide whether the citizen is guilty and should be punished. Many minor cases, for example traffic cases, can however be settled with a fine without going to court.
A basic principle is the presumption of innocence: the prosecution must convince the judges that the accused is guilty, and any reasonable doubt must benefit the accused. Both the police and the prosecution service are obliged to be objective, so that innocent people are not prosecuted. If a citizen is arrested, he or she must be brought before a judge within 24 hours. The judge decides whether the person should be released or remanded in custody, and can extend the detention for three periods of 24 hours.
Lay judges and jurors
In criminal cases, lay judges (lægdommere) also take part – lay assessors (domsmænd) and jurors (nævninge). They are ordinary people who help assess whether the accused is guilty and help determine the punishment (sentencing). Serving as a lay judge is a civic duty (borgerligt ombud) – a task that society can impose on a citizen – and anyone can apply to become a lay judge.
Punishment and the age of criminal responsibility
You can only be punished if a law directly states that the offence is punishable. The most serious offences are set out in straffeloven (the criminal code), for example homicide, violence, sexual offences and theft. The ordinary punishments are fines and imprisonment. Foreign nationals can also be sentenced to deportation, and for very serious crimes such as terrorism, Danish citizens can be stripped of their citizenship by court judgment – though not if this would make them stateless. The death penalty cannot be imposed in Denmark.
The age of criminal responsibility (den kriminelle lavalder) is 15. Children and young people under 15 cannot be punished for a crime, because they are considered immature. Children aged 10 to 14 who commit crimes can instead, for example, be ordered to do community-benefit work or be placed in an institution. Their cases are handled by a special Youth Crime Board (Ungdomskriminalitetsnævn).
The Parliamentary Ombudsman and openness
The constitution stipulates that the public administration is monitored by Folketingets Ombudsmand (the Parliamentary Ombudsman). The Ombudsman assesses whether errors or negligence have occurred in the authorities' work. The Ombudsman is elected by the Folketing but works independently and cannot overturn an authority's decision, but can criticise and urge a change of practice, and the Ombudsman's statements therefore carry great weight.
The legal system is characterised by openness: citizens may attend all court cases, and the media must be free to report on what happens in court. The courts can, however, decide that a case is heard behind closed doors, for example out of concern for the safety of witnesses or of the state. Look up unfamiliar terms in the glossary, and read more about the test itself in the guide to the indfødsretsprøven 2026.