SS-11269/2008-KBH
ECLI:DK:KBH:2025:SS0000000323
AI generated
Confiscation of explosives and pistol dismissed due to lack of evidence regarding illegal possession.
Denmark (DK)
Legislator summary
AI generatedThe court dismissed the prosecution's request for confiscation of explosives and a pistol. The prosecution alleged illegal possession, but the defense argued the items were found without proof of criminal intent or control. The court ruled that the evidence failed to establish the requisite elements for confiscation under the relevant criminal code.
Legislator headnote
AI generatedStraffelovens § 76; Straffelovens § 77: Confiscation of property requires proof that the item was obtained through a crime or used for one; mere possession without such connection does not justify confiscation.
Keywords
AI generated
confiscation of property
illegal possession
explosives and firearms
burden of proof
criminal intent
Cited Legislation
AI generatedStraffelovens § 76
Straffelovens § 77
Related Decisions
AI generatedSS-3308/2021-HRS
Court convicts three defendants of drug trafficking and orders confiscation of proceeds and contraband.
SS-4061/2018-ODE
Court dismissed confiscation claim for hash possession as no evidence of illicit use was presented.
SS-918/2022-BOR
Court dismisses museum's gun possession charges due to lack of evidence proving intent to commit the crime.
SS-19874/2008-KBH
Court dismissed charges for drug offenses and weapon possession under Danish criminal law.
SS-4652/2008-ALB
Court imposes suspended sentence and confiscation for possession of knife and heroin.
Full text
Tiltale for bl.a. besiddelse af sprængstof og strømpistol. Påstand om konfiskation