Summary in English

From a victim-centred perspective, this thesis examines the criminal liability for attempt and complicity. Denmark has ratified numerous international human rights treaties on preventing and combating human trafficking, sexual exploitation and abuse of children, violence against women, and domestic violence. According to these conventions, victims have a right to legal protection of their physical and psychological integrity. Consequently, the conventions contain obligations to criminalise various conducts and obligations concerning criminal attempt and aiding or abetting. Thus, the onus is on Denmark to put into place domestic measures and legislation compatible with its duties. This includes the adoption of legislative measures necessary to establish as criminal offenses, attempts to commit and aiding or abetting the commission of any of the offenses established in the conventions. Obligations regarding attempt and complicity are of vital importance if one wants to ensure victims not just theoretical but also real and effective protection against these grave human rights violations. However, when Denmark is to implement these obligations related to attempt and complicity into Danish law, the guarantee of effective protection is scarce. Denmark relies on the general provisions in the Criminal Code (Section 21 and 23, respectively), but does not ensure that these provisions de facto provide the protection that victims are entitled to under the conventions. The victim-centred perspective in relation to the liability of criminal attempt and complicity – and thus effective crime prevention – has, until this day, been inadequately discussed in Danish theory and practice. This analytical study of existing laws, related cases, and authoritative materials has rectified this.

The thesis consists of four parts. Part one contains a general introduction to the theme, purpose, and formulation of problems (Ch. 1) and methodology and certain legal sources (Ch. 2). Part two gives an overview of the European human rights implications on Danish criminal law (Ch. 3) and examines the Danish rules on criminal attempt and complicity. Historically, the purpose of said rules concerns the perpetrator’s criminal intent and mens rea (»guilty/evil mind«). The chapters on the criminal attempt (Ch. 4) and criminal complicity (Ch. 5) contain a recapitulation of present law and theory, plus considerations on selected matters. Part three Side 423 concerns various international human rights obligations, predominantly set out in the Council of Europe conventions on action against trafficking (Ch. 6), on the protection of children against sexual exploitation and sexual abuse (Ch. 7), and on preventing and combating violence against women and domestic violence (Ch. 8). All three treaties demand protection for victims in vulnerable positions against attempted crimes and aiding and abetting of such. Thereupon follows a separate analysis of the positive obligations under the European Convention on Human Rights by the European Court of Human Rights (Ch. 9). Overall, the obligations set out in said international human rights instruments are vaguer than first anticipated. Consequently, the Danish law of attempt and complicity, which is recognised for its wide-ranging scope, is generally in line with the legal standards protecting individuals against attempted commissions and aiding or abetting offenses defined in the conventions, case law, etc. The final and fourth part consists of one chapter (Ch. 10), containing a summary of the most significant – primarily negative – findings and an overall conclusion.

By ratification of the human rights treaties examined in this thesis, Denmark has acknowledged that the conduct therein relies on protective interests, which require protection and a safeguard against human rights violations. However, the safeguarding of such protective interests is rarely sufficient through criminalisation alone. If the will of the legislature is to guarantee not just theoretical but also real and effective protection against the grave human rights violations dealt with in this thesis, it is essential to include the obligations concerning criminal attempt and complicity. With this thesis, just one discrepancy has been identified.

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