Life imprisonment in Denmark
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__NOTOC__ In
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
, a
life sentence Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes ...
( da, Livsvarigt fængsel) is the most severe punishment available under the
Penal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
, and is reserved for the most serious crimes. The sentence is of indeterminate length. Those under a life sentence in Denmark can request a
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
hearing after 12 years. If the petition is granted, the
Justice Minister A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
or his designee issues a pardon, subject to a
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
period of up to 5 years. Prisoners sentenced to
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes fo ...
serve an average of 17 years. A person with a life sentence will not be released if it is considered likely that he will recidivate. This means some offenders have served a considerably longer time than the average. In recent times, there have been four convicts who have served greater than 30 years: (34 years as of 2018, still incarcerated in the closed unit of
Sankt Hans Hospital Sankt Hans Hospital is a psychiatric hospital in Roskilde on the Danish island of Zealand, 30 km from Copenhagen. Although situated in the Zealand Region, it is owned by the Capital Region and serves patients from that region. The land was bough ...
),
Palle Sørensen Palle Mogens Fogde Sørensen (26 March 1927 – 1 February 2018) was a Danish convicted murderer who shot and killed four police officers in 1965 on his way home after a break-in. Early life In 1949, shortly after his release from juvenile det ...
(33 years, released in 1998),
Seth Sethsen Seth Sethsen (born 26 May 1955 as Helge Seth Nielsen) is a Danish-Greenlandic murderer, who was sentenced to life imprisonment in 1986 by the Østre Landsret The Østre Landsret (the Eastern High Court) is one of Denmark's two High Courts, along ...
(32 years as of 2018, still incarcerated) and (32 years, released in 1978). Murderers may receive a life sentence, but such a sentence is handed down only when the person has a previous history of committing serious crimes, or if a
murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...
is considered particularly horrendous. Otherwise, a murderer will typically receive a time-limited sentence, which can be up to 20 years in Denmark. In recent times, all receiving a life sentence have been murderers; however, a person who commits
treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, uses force against the
Danish Parliament The Folketing ( da, Folketinget, ; ), also known as the Parliament of Denmark or the Danish Parliament in English, is the unicameral national legislature (parliament) of the Kingdom of Denmark—Denmark proper together with the Faroe Islands an ...
, commits
espionage Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information ( intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tang ...
during wartime, engages in
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
, commits
arson Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wate ...
under circumstances that are life-threatening, hijacks a vehicle under aggravated circumstances, or willfully releases nuclear substances is eligible for a life sentence. On average, slightly more than one person receives a life sentence each year in Denmark (14 from 2006 to 2018), and in 2015 there were a total of 21 people serving life.


"Custody sentence" and "placement sentence"

Criminals considered dangerous may receive a "custody sentence" ( da, forvaringsdom) instead of a life sentence. This can also be handed down for certain crimes where a life sentence is not possible, such as
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
and
aggravated robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
. It is often used for people with deviant personalities (for example,
antisocial personality disorder Antisocial personality disorder (ASPD or infrequently APD) is a personality disorder characterized by a long-term pattern of disregard of, or violation of, the rights of others as well as a difficulty sustaining long-term relationships. Lack ...
), and is typically served in the Herstedvester Prison. It differs from a "placement sentence" ( da, anbringelsesdom), which is reserved for
mentally ill A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitt ...
people who are ineligible for a normal prison sentence. These inmates serve their sentence in the closed unit of a
psychiatric hospital Psychiatric hospitals, also known as mental health hospitals, behavioral health hospitals, are hospitals or wards specializing in the treatment of severe mental disorders, such as schizophrenia, bipolar disorder, eating disorders, dissociat ...
. A custody sentence always lacks a time limit, and a placement sentence often does, but both are subject to periodic pardon hearings. A review covering 1990–2011 showed that, on average, a person with a custody sentence was released after 14 years and 7 months.


Minors

A person 15 to 18 years old at the time of their crime can not receive a life sentence, but is eligible for all other penalties in the Penal Code. Until 2010, these persons' maximum sentence was 8 years, or consisted of a "custody sentence". A person under the age of 15 is below the age of accountability, and cannot receive a prison sentence.


See also

*
Capital punishment in Denmark Capital punishment in Denmark ( da, Dødsstraf - "death penalty") was abolished in 1933 (except for military law), with no death sentences having been carried out since 1892, but restored from 1945 to 1950 in order to execute Nazi collaborators. ...
, abolished in 1930 but briefly restored for a period after World War II


References

{{World topic, Life imprisonment in, noredlinks=y, title=
Life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes fo ...
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
Law of Denmark