summary judgment

Under Danish law, a summary judgment (straksdom) is a criminal case decided very shortly after the arrest — typically the same day or within a few days — by handling the matter as a confession case. The term is not an independent, statutorily defined type of penalty, but a practical and journalistic label for a particularly expedited form of case processing.

The decisive condition for a summary judgment is that the accused fully confesses to the offence, and that the case is so simple and clear that it can be dealt with immediately when the accused is brought before the court. Both the accused and the prosecutor must consent, and the court must not find it problematic to decide the case without a full trial (the Danish Administration of Justice Act (retsplejeloven) § 831(1)). The legal basis is § 831, which governs confession cases. Under this provision, the court may pass judgment on the basis of the confession without the full presentation of evidence that otherwise characterises an ordinary criminal trial.

Summary judgments are typically used in cases concerning burglary, theft, drink and drug driving, and certain violent offences, where the evidence is clear and the question of guilt is not disputed. The arrangement relieves the courts and ensures a swift response from the justice system.

A summary judgment can result in the same types of penalty as an ordinary judgment — including a fine and a suspended or unsuspended prison sentence — but requires that the confession be supported by the other information in the case. If the accused is under arrest or in pre-trial detention, a defence counsel must be present when the accused gives consent; otherwise, the accused must be offered a defence counsel (§ 831(3) and (4)).