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The Constitutional Act of Denmark

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Right of personal liberty

Part VIII


§71.
(1) Personal liberty shall be inviolable. No Danish subject shall, in any manner
whatsoever, be deprived of his liberty because of his political or religious
convictions or because of his descent.
(2) A person shall be deprived of his liberty only where this is warranted by
law.
(3) Any person who is taken into custody shall be brought before a judge within
twenty-four hours. Where the person taken into custody cannot be immediately
released, the judge shall decide, in an order to be given as soon as possible and at
the latest within three days, stating the grounds, whether the person taken into
custody shall be committed to prison; and in cases where he can be released on
bail, shall also determine the nature and amount of such bail. This provision may
be departed from by statute as far as Greenland is concerned, if for local
considerations such departure may be deemed necessary.
(4) The pronouncement of the judge may be separately appealed against at once
to a higher court of justice by the person concerned.
(5) No person shall be remanded in custody for an offence which can involve
only punishment by fine or mitigated imprisonment (hæfte).
(6) Outside criminal procedure, the legality of deprivation of liberty not
executed by order of a judicial authority, and not warranted by legislation relating
to aliens, shall at the request of the person so deprived of his liberty, or the request
of any person acting on his behalf, be brought before the ordinary courts of justice
or other judicial authority for decision. Rules governing this procedure shall be
provided by statute.
(7) The persons referred to in sub-section (6) shall be under supervision by a
board set up by the Folketing, to which board the persons concerned shall be
permitted to apply.

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