Legislator Case Law & Legislation
SS-1162/2008-ROS ECLI:DK:ROS:2023:SS0000000897 AI generated

Court dismisses appeal against revocation of treatment order due to lack of new evidence of danger.

Case Number SS-1162/2008-ROS
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the appellant's request to revoke the treatment order imposed for dangerous conduct. The appellant argued that the original assessment was flawed and that current circumstances no longer justified the order, but failed to present new evidence of ongoing danger. Consequently, the court upheld the existing order as the original findings remained valid and sufficient.

Legislator headnote

AI generated

Straffelovens § 76; Straffelovens § 76a: A treatment order may be revoked only upon proof of changed circumstances rendering the original danger assessment obsolete; mere disagreement with the initial assessment or lack of new evidence of danger does not warrant revocation.

Keywords

AI generated
treatment order revocation dangerous conduct changed circumstances criminal procedure appeal dismissal risk assessment procedural requirements

Cited Legislation

AI generated
Straffelovens § 76
Straffelovens § 76a

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