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.
Legislator summary
AI generatedThe 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 generatedStraffelovens § 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 generatedStraffelovens § 217
Straffelovens § 218
Related Decisions
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Court rules a senior executive witness belongs to the defendant's group under the first-to-mill principle exception.
SS-638/2009-VLR
Court allows police assistant testimony despite defense objection regarding witness sequence and prior statements.
BS-777/2005-LYN
Court allows witnesses to remain in courtroom during trial due to family ties and witness status.
SS-2006/2009-VLR
Appeal dismissed; court upholds lower court's decision on main hearing interference in criminal proceedings.
BS-510/2013-OLR
Court dismisses appeal allowing witness testimony via telephone without video in Danish civil proceedings.
Full text
Landsretten stadfæster byrettens afgørelse om, hvorvidt en person kan føres som vidne under hovedforhandling