Legislator Case Law & Legislation
SS-4214/2008-KBH ECLI:DK:KBH:2025:SS0000000279 AI generated

Defense request for police investigation under CPL § 746 dismissed due to lack of reasonable suspicion.

Case Number SS-4214/2008-KBH
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the defense lawyer's request for the police to conduct an investigation under CPL § 746. The defense argued that new evidence was necessary to challenge the client's conviction, while the prosecution contended the request lacked sufficient grounds. The court ruled that the request failed because there was no reasonable suspicion to justify the investigative measures.

Legislator headnote

AI generated

CPL § 746; CPL § 747: A request for police investigation under CPL § 746 is only granted if there is reasonable suspicion that the suspect committed the offense or if the investigation is necessary for the defense.

Keywords

AI generated
police investigation request reasonable suspicion requirement defense lawyer application CPL section 746 criminal procedure law

Cited Legislation

AI generated
CPL § 746
CPL § 747
AI generated

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Full text

Kendelse om rettens stillingtagen til forsvarerens anmodning om politiets efterforskningsskridt i medfør af retsplejelovens § 746