right to defense
The accused's statutory right to defense counsel under Chapter 66 of Danish law
The right to defense is the statutory right of a person charged with a criminal offence to be assisted by defense counsel during the handling of a criminal case. Under Danish law, the right means that the accused may choose which defense lawyer is to represent them, and that under specified conditions a publicly appointed defense counsel may be assigned if the accused is not able to engage one personally. Chapter 66 of the Danish Administration of Justice Act (retsplejeloven) forms the central legal basis. § 730 establishes that a person charged with a crime has the right to choose a defense counsel. Under § 731, the court must appoint a public defense counsel in a number of situations, including when the accused is brought before the court for the purpose of pre-trial detention, and when charges have been brought in cases heard with lay judges or jurors. § 732 allows the court to appoint defense counsel in other cases where this is considered desirable.
In practice, the right to defense is decisive for ensuring that proceedings take place on a fair and informed basis. Defense counsel safeguards the interests of the accused, advises on procedural rights, challenges the evidence presented by the prosecution, and ensures that the facts of the case are illuminated from both sides. This is the function in which defense lawyers such as Kim Bagge operate, and it is here that the real challenges of the courtroom often emerge. Such challenges may include securing the client's rights during pre-trial detention, handling the asymmetry between the resources of the prosecution and those of the defense, and navigating cases involving complex evidence or media attention. In these contexts, the right to defense is not merely a formal guarantee but a practical precondition for a fair trial.
The right to defense is additionally protected by Article 6(3) of the European Convention on Human Rights, which applies as Danish law and which secures, among other things, the right of every accused person to defend themselves in person or through legal assistance of their own choosing.
