SS-4342/2011-KBH
ECLI:DK:KBH:2023:SS0000000254
AI generated
Court dismissed prosecution for illegal entry and breach of probation conditions under Danish criminal law.
Denmark (DK)
Legislator summary
AI generatedThe prosecution was dismissed after the court found the defendant had not violated the specific probation conditions cited. The defendant was charged with breaching probation terms and illegally entering the country, but the court determined the evidence did not support the allegations. Consequently, the charges were dropped as the required elements for conviction were not met.
Legislator headnote
AI generatedStraffelovens § 228, stk. 1, nr. 3; Udlændingelovens § 59, stk. 7, nr. 6: The court held that a breach of probation conditions requires clear proof of intentional violation, and mere absence of evidence does not constitute a crime.
Keywords
AI generated
probation breach
illegal entry
criminal prosecution
evidence standard
Danish criminal law
Cited Legislation
AI generatedStraffelovens § 228, stk. 1, nr. 3
Udlændingelovens § 59, stk. 7, nr. 6
3 og udlændingelovens § 59, stk. 7, nr. 6, jf.
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Court convicts defendant of illegal entry after deportation and orders deportation with 6-year ban.
SS-3171/2019-HER
Court imposes suspended sentences for assault and threats while denying deportation due to international obligations.
SS-2449/2023-FRB
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SS-4836/2019-HER
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Full text
Tiltale for overtrædelse af straffelovens § 228, stk. 1. nr. 3 og udlændingelovens § 59, stk. 7, nr. 6, jf. stk. 9