Legislator Case Law & Legislation
SS-8131/2008-KBH ECLI:DK:KBH:2025:SS0000000284 AI generated

Court dismissed assault charge where victim consented to the act and no physical injury occurred.

Case Number SS-8131/2008-KBH
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the prosecution's charges of assault against the defendant. The victim consented to the physical contact, and no actual bodily harm or injury was sustained as a result of the act. Consequently, the court ruled that the elements required to establish a criminal offense under the relevant sections of the Penal Code were not met.

Legislator headnote

AI generated

Straffelovens § 244, jf. § 247, stk. 1: Consent by the victim negates the criminal nature of the act when no injury is caused.

Keywords

AI generated
assault charge dismissal victim consent defense no physical injury criminal liability threshold Straffelov § 244

Cited Legislation

AI generated
Straffelovens § 244, jf. § 247, stk. 1
Tiltale for overtrædelse af straffelovens § 244, jf. § 247, stk. 1
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Full text

Tiltale for overtrædelse af straffelovens § 244, jf. § 247, stk. 1