Lay Judges and Jurors in Denmark

Abstract

In Denmark, juries' determine guilt in criminal trials in the High Courts (Landsretter) when the prospective prison sentence is four years or more (Retsploeeloven ? 687.2.1-the Law on Judicial Procedure, hereinafter cited as Rpl). A verdict against the defendant on any question requires the concurrence of eight out of twelve jurors (Rpl ? 897.2). After rendering a guilty verdict, the jurors participate with the three professional judges in setting sentence (Rpl ? 906a). Juries are also used in cases of involuntary confinement, other than in prison, (Rpl ? 687.2.2) and for all criminal cases, however minor, which are characterized as political (Rpl ? 687.2.3). For most other lesser, but still serious criminal cases, two lay judges sit alongside one professional judge in the Municipal Courts (Byretter)(Rpl ? 18.2). In appeals from Municipal Court cases to a High Court, three lay judges participate with three jurists (Rpl ? 6.2). Neither jurors (Rpl ?? 869, 885.3) nor lay judges (Rpl ? 91.2) participate in preliminary or procedural matters. There are 84 Municipal Courts (Rpl ? 12) and two High Courts, one for the Islands, the Eastern High Court, headquartered in Copenhagen, and one for the peninsula of Jutland, the Western High Court, whose main seat is in Viborg (Rpl ? 4). The Maritime and Commercial Court (SOog Handelsret) in Copenhagen is comparable in rank to the High Courts. In this Court, either two or four lay judges, experts (sagkyndige) in maritime or commercial matters, sit