anholdelse
A temporary deprivation of liberty where police—or in certain circumstances a private citizen—take a person into custody based on reasonable suspicion of a criminal offense, when necessary to secure their presence, prevent further crime, or protect the investigation.
Definition
Anholdelse is a temporary arrest in Danish criminal procedure where a person is taken into police custody without prior judicial authorization. It represents the initial stage of formal deprivation of liberty and must be based on reasonable grounds for suspicion (rimelig grund til mistanke) that the person has committed an offense subject to public prosecution.
Police may arrest a person when such action is necessary to ensure the person's presence for further proceedings, prevent continuation or repetition of criminal activity, or prevent interference with the investigation through destruction of evidence or influence on witnesses. The arrest must be proportionate—it cannot be carried out if the deprivation of liberty would be disproportionate to the severity of the suspected offense and the circumstances of the case.
A unique feature of Danish law is the citizen's arrest provision (borgerarrest), which grants any person the same authority to arrest when they encounter someone in the act of committing a criminal offense or in immediate connection with its commission. The person making such an arrest must transfer the arrested individual to police custody as soon as possible, providing information about the time and grounds for the arrest.
Anholdelse differs from varetægtsfængsling (remand in custody) in that it is temporary and administratively authorized by police, whereas remand requires a court order and can last significantly longer. A person who has been arrested must be released unless brought before a preliminary hearing (grundlovsforhør) within 24 hours, where a judge determines whether the conditions for continued detention through remand are met.
The arrested person has specific rights during anholdelse, including the right to have a defense attorney appointed, the right to notify relatives about the arrest (though this may be delayed if it would compromise the investigation), and the right to remain silent. The police must inform the arrested person of these rights and the grounds for the arrest.
