Legislator Case Law & Legislation
SS-2105/2009-VLR ECLI:DK:VLR:2024:SS0000000265 AI generated

Court dismissed appeal on evidence regarding witness testimony in a criminal case involving alleged fraud.

Case Number SS-2105/2009-VLR
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Vestre Landsret rejected the applicant's request to reopen the proceedings for a new hearing. The applicant argued that witness testimony was insufficiently recorded, while the prosecution maintained the original record was adequate. The court upheld the lower court's decision, ruling that the procedural requirements for an evidence appeal were not met.

Legislator headnote

AI generated

s. 367 of the Code of Civil Procedure; s. 368 of the Code of Civil Procedure: An appeal on evidence is only admissible if the original record is demonstrably flawed or incomplete, and the court has discretion to reject such appeals if the existing record suffices for a fair trial.

Keywords

AI generated
appeal on evidence witness testimony procedural defect criminal proceedings record insufficiency

Cited Legislation

AI generated
s. 367 of the Code of Civil Procedure
s. 368 of the Code of Civil Procedure

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Full text

Landsretten afviste anmodning om bevisanke