Legislator Case Law & Legislation
BS-651/2011-VLR ECLI:DK:VLR:2022:BS0000004301 AI generated

Court allows witness testimony from a person with a prior criminal record under Danish law.

Case Number BS-651/2011-VLR
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Vestre Landsret upheld the district court's decision permitting a defendant with a prior criminal record to testify as a witness. The prosecution argued the defendant's history made them unreliable, while the defense contended their credibility should be assessed by the jury rather than barred outright. The court ruled that the statutory provisions do not prohibit such testimony, leaving the assessment of credibility to the fact-finding body.

Legislator headnote

AI generated

Straffelovens § 217; § 218: A person with a prior criminal record may be called as a witness, though their credibility remains subject to evaluation by the court or jury.

Keywords

AI generated
witness testimony criminal record credibility assessment Danish criminal procedure Vestre Landsret

Cited Legislation

AI generated
Straffelovens § 217
Straffelovens § 218
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text

Landsretten stadfæster byrettens afgørelse om, hvorvidt en person kan føres som vidne under hovedforhandling