Criminal Code of Denmark (2005) (excerpts related to Counter-Terrorism and Violent Extremism) (English)

CRIMINAL CODE

(excerpts)

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Section 114
A person is liable to imprisonment for any term up to life imprisonment if he commits one or more
of the following offences with the intent seriously to intimidate a population or unlawfully to compel
Danish or foreign public authorities or an international organisation to do or to abstain from doing
any act or to destabilise or destroy the fundamental political, constitutional, economic or social
structures of a country or an international organisation, provided that the offence may inflict serious
harm on a country or an international organisation by virtue of its nature or the context in which it is
committed: -
(i) Homicide under section 237.
(ii) Assault under section 245 or 246.
(iii) Deprivation of liberty under section 261.
(iv) Impairment of the safe operation of means of transport under section 184(1),
unlawful disturbances in the operation of public means of communication, etc.,
under section 193(1) or very serious damage to property under section 291(2),
where such offences are committed in a manner likely to endanger human lives or
cause considerable economic loss.
(v) Unlawful seizure of public means of transport under section 183 a.
(vi) Serious violations of the arms legislation under section 192 a or under section 10(2)
of the Act on Weapons and Explosives.
(vii) Arson under section 180, explosion, spreading of noxious gases, floods, shipwreck
or any railway or other traffic accident under section 183(1) and (2), injurious
pollution of the water supply under section 186(1), injurious poisoning or pollution of
products intended for general use, etc., under section 187(1).
(viii) Possession or use, etc., of radioactive substances pursuant to section 192b.
(2) The same penalty shall apply to any person who transports weapons or explosives with the
intent as referred to in subsection (1) hereof.
(3) The same penalty shall also apply to any person who threatens to commit one of the
offences listed in subsections (1) and (2) hereof with the intent as referred to in subsection (1)
hereof."


Section 114a
If one of the acts referred to in subparagraphs (i) to (vi) is committed, but the offence does not fall
within the scope of section 114, the penalty may exceed the maximum penalty prescribed for the
offence by up to 50 per cent. Where the maximum penalty prescribed for the relevant act is less
than four years' imprisonment, the penalty may nevertheless be increased to imprisonment for up
to six years.
(i) Violation of section 180, 181(1), 183(1) or (2), 183a, 184(1), 192a, 193(1), 237, 244, 245,
246, 250, 252(1), 266, 288 or 291(1) or (2), where the act falls within the scope of Article 1
of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed on 16
December 1970, Article 1 of the Convention for the Suppression of Unlawful Acts Against
the Safety of Civil Aviation, concluded on 23 September 1971, or Article II of the Protocol
for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil
Aviation, done on 24 February 1988.
(ii) Violation of section 180, 181(1), 183(1) or (2), 184(1), 237, 244, 245, 246, 250, 252(1), 260,
261(1) or (2), 266 or 191(1) or (2), where the act falls within the scope of Article 2 of the
Convention on the Prevention and Punishment of Crimes Against Internationally Protected
Persons, Including Diplomatic Agents, adopted on 14 December 1973.
(iii) Violation of section 261(1) or (2), where the act falls within the scope of Article 1 of the
International Convention Against the Taking of Hostages, adopted on 17 December 1979.
(iv) Violation of section 180, 181(1), 183(1) or (2), 186(1), 192a, 192b, 237, 244, 245, 246, 260,
266, 276, 278, 279, 279a, 281, 288 or 291(2), where the act falls within the scope of Article
7 of the International Atomic Energy Agency Convention on the Physical Protection of
Nuclear Material, adopted on 26 October 1979.
(v) Violation of section 180, 181(1), 183(1) or (2), 183a, 184(1), 192a, 193(1), 237, 244, 245,
246, 252(1), 260, 266, 288 or 291(1) or (2), where the act falls within the scope of Article 3
of the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime
Navigation, done on 10 March 1988, or Article 2 of the Protocol for the Suppression of
Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, done
on 10 March 1988.
(vi) Violation of section 180, 181(1), 183(1) or (2), 183a, 184(1), 186(1), 192a, 193(1), 237, 244,
245, 246, 250, 252(1), 266 or 291(2), where the act falls within the scope of Article 2 of the
International Convention for the Suppression of Terrorist Bombings, adopted on 15
December 1997.


Section 114b
A person is liable to imprisonment for any term not exceeding 10 years if he: -
(i) directly or indirectly grants financial support to;
(ii) directly or indirectly provides or collects funds for; or
(iii) directly or indirectly makes money, other financial assets or financial or other similar
services available to
a person, a group of persons or an association that commits or intends to commit acts falling within
the scope of section 114 or 114a.


Section 114c
(1) A person is liable to imprisonment for up to 10 years if he recruits a person to commit or
further acts falling within the scope of section 114 or 114a or to join a group or an association for
the purpose of furthering the commission of acts of such nature by the group or association. In
particularly aggravating circumstances, the penalty may be increased to imprisonment for up to 16
years. Particularly aggravating circumstances typically include cases of systematic or organised
violations.
(2) A person is liable to imprisonment for up to six years if he recruits a person to commit or
further acts falling within the scope of section 114b or to join a group or an association for the
purpose of furthering the commission of acts of such nature by the group or association.
(3) A person is liable to imprisonment for up to six years if he accepts being recruited to commit
acts falling within the scope of section 114 or 114a.


Section 114d
(1) A person is liable to imprisonment for up to 10 years if he trains, instructs or otherwise
teaches a person to commit or further acts falling within the scope of section 114 or 114a, knowing
that the person intends to use the skills for that purpose. In particularly aggravating circumstances,
the penalty may be increased to imprisonment for up to 16 years. Particularly aggravating
circumstances typically include cases of systematic or organised violations.
(2) A person is liable to imprisonment for up to six years if he trains, instructs or otherwise
teaches a person to commit or further acts falling within the scope of section 114b, knowing that
the person intends to use the skills acquired for that purpose.
(3) A person is liable to imprisonment for up to six years if he accepts being trained, instructed
or otherwise taught to commit acts falling within the scope of section 114 or 114a.


Section 114e
A person is liable to imprisonment for up to six years if he otherwise furthers the activity of a
person, a group or an association that commits or intends to commit acts falling within the scope of
section 114, 114a, 114b, 114c or 114d.

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