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STANLEY ANDERSON In Denmark, juries determine guilt in criminal trials in the High Courts (Landsretter) when the prospective prison sentence is four years or more (Retsplejeloven § 687.2.1—the Law on Judicial Procedure, hereinafter cited as "Rpl"). A verdict against the defend ant on any question requires the concurrence of eight out of twelve jurors (Rpl § 897.2). After rendering a guilty verdict, th e jurors par ticipate 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, how ever 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 Co penhagen, and one for
American Journal of Comparative Law – Oxford University Press
Published: Oct 1, 1990
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