Legislator Case Law & Legislation
SS-228/2008-HER ECLI:DK:HER:2025:SS0000000082 AI generated

Court dismissed confiscation claim for traffic violation where no specific property was identified for seizure.

Case Number SS-228/2008-HER
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the prosecution's request to confiscate property related to a traffic violation under Section 117a of the Road Traffic Act. The prosecution alleged that the defendant's vehicle constituted the subject of the offense and sought its seizure, but failed to provide sufficient evidence linking specific assets to the illegal act. Consequently, the court ruled that without a clear identification of property directly involved in the violation, the confiscation order could not be legally enforced.

Legislator headnote

AI generated

Section 117a of the Road Traffic Act; Confiscation of property requires a direct and proven link between the seized item and the specific criminal act, absent which the order is invalid.

Keywords

AI generated
Road Traffic Act Confiscation Order Property Seizure Traffic Violation Evidence Standard Prosecution Burden Judicial Discretion

Cited Legislation

AI generated
Section 117a, paragraph 2, number 2 of the Road Traffic Act
AI generated

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Full text

Tiltale for overtrædelse af færdselslovens § 117 a, stk. 2, nr. 2. Påstand om konfiskation