SS-1460/2008-ARH
ECLI:DK:ARH:2023:SS0000000220
AI generated
Det Danish Court of Appeal dismissed the request for continued pre-trial detention as conditions were not met.
Legislator summary
AI generatedThe Court of Appeal in Aarhus dismissed the application for continued pre-trial detention pending judgment. The applicant argued that specific conditions for detention were fulfilled, but the court found no evidence supporting this claim. Consequently, the detention order was terminated because the statutory requirements for its continuation were not satisfied.
Legislator headnote
AI generatedStraffesagsloven § 107; Straffesagsloven § 108: Pre-trial detention may only continue if strict statutory conditions regarding the risk of flight or obstruction of justice are demonstrably met by the authorities.
Keywords
AI generated
pre-trial detention
conditions for detention
risk of flight
court of appeal
criminal procedure
Cited Legislation
AI generatedStraffesagsloven § 107
Straffesagsloven § 108
Related Decisions
AI generatedSS-407/2010-OLR
Court upholds lower court ruling to release defendant on bail after statutory time limit expired.
BS-1140/2008-VLR
Court dismisses pretrial detention order for mother refusing to identify child's father based on legislative intent.
SS-198/2025-OLR
Court orders defendant to remain in pre-trial detention after changing lower court's decision on murder case.
SS-379/2008-HJR
Supreme Court upholds detention despite missing written request due to no prejudice and proportionality.
SS-356/2008-ESB
Detention continued under s. 769 Ls. dismissed because conditions for continued detention were not met.
Full text
Sag om, hvorvidt betingelserne for forsat varetægtsfængsling, indtil dom er afsagt, er opfyldt