capital punishment in Denmark

Capital punishment is a form of punishment involving the execution of a convicted person pursuant to a court decision, but it does not exist in current Danish law and cannot be imposed by Danish courts today. The Danish Penal Code (straffeloven) in force contains no provision authorising the death penalty for any type of offence.

Historically, capital punishment formed part of Danish criminal law for centuries and was used for a range of serious offences. For ordinary (civil) crimes, the possibility of imposing the death penalty was abolished by the Penal Code of 1930, which marked a decisive break with the previous penal tradition and reflected a humanist current in Danish legal policy.

An exception remained, however, for military and constitutional offences, including treason in wartime. This exception acquired practical significance after the Second World War, when a special legal reckoning took place against persons who had collaborated with the German occupying power. By Act No. 259 of 1 June 1945 and subsequent legislation, the possibility of imposing the death penalty for certain offences committed during the occupation was temporarily reintroduced. As a result, 46 persons were executed in Denmark in the period 1945–1950.

In 1978, the death penalty was also removed from the Danish military penal code, so that today it has no legal basis for any offence — not even in wartime. Denmark has further acceded to Protocol No. 13 to the European Convention on Human Rights, which prohibits capital punishment in all circumstances.