National frameworks to address hate crime in Denmark

This page provides information on the national frameworks to address hate crime in Denmark. The information provided here should be viewed alongside data presented on Denmark's hate crime report page.


Hate crime recording and data collection

The Danish National Police has monitored hate crimes since November 2015. Hate crime statistics are published annually.
The Danish National Police has national guidelines on registering hate crimes. When recording a crime, a police officer has to register case details, along with a short description of the case. While bias motivations cannot be recorded, search keys are used to tag and track hate crimes in the electronic police case management system (POLSAS). Search keys are attached to relevant cases and are used to search and analyse the data.
During the investigation, police officers identify hate crimes using bias indicators. 
All criminal cases are registered in the Danish Police case management system, POLSAS. The Danish National Police includes cases that are:
1. Motivated by racism, including bias against nationality/ethnicity, "race"/skin colour, and "other";
2. Motivated by bias against religious beliefs, including Buddhism, Christianity, Hinduism, Islam, Judaism, and other religious beliefs and congregations;
3. Motivated by bias against LGBTI, including sexual orientation, gender identity, or gender expression or gender characteristics (category "transgender"), and category "LGBTI+ other".
4. Motivated by bias against disability.
The Danish National Police also monitors "incidents without charges and other investigative measures" with a bias motivation. In addition, the Danish National Police monitors hate speech, which is a criminal offence according to section 266b of the penal code.

The Danish Director of Public Prosecutions has issued general guidelines on hate crimes, including a description of relevant investigative steps to be taken by the police and the prosecution service. The Danish Prosecution Service is responsible for two publicly available and continuously updated national databases on case law: one containing hate speech cases, and another containing cases where the courts have increased the sentence in line with the aggravating circumstances provision (section 81 (6) of the Criminal Code). The purpose of these databases is to provide a better understanding of such cases, while providing a case preparation resource for prosecutors and defence attorneys.

The Ministry of Justice conducts an annual victimization survey. In this survey, victims who report being subjected to violence are asked whether they think the violence was motivated on the grounds of racism, religion, disability, gender identity or sexual orientation, among other possible motives. A question about a possible hate motive is included in sections on physical assault, vandalism and crimes committed online.


Hate crime victim support

The hate crime victim support system is part of the general victim support system in Denmark. Victims of hate crimes do not have a special status under Danish law.
An independent, state-funded counselling service provider, Victim Support Denmark, operates in all 12 police districts of the country. The support service provider is free of charge and offers information about police and court procedures, compensation and insurance, assistance during the court proceedings and referrals to other service providers. It collaborates with law enforcement, medical service providers and other emergency services.
Police officers are required to assess the protection needs of all victims and refer them to Victim Support Denmark. Danish law enforcement receive training on the sensitive and respectful treatment of hate crime victims as part of a general mandatory training course on hate crime.
The Danish legal system offers restorative justice solutions provided that both the victim and offender agree to participate. There are no solutions specific to hate crime cases.
Additionally, in certain circumstances victims may be assigned a legal advocate. This attorney assists, advises and protects the victim's interests throughout the criminal justice process, at no cost to the victim. Victims of serious crimes are usually eligible for a legal advocate, including victims of serious sexual assault, violence or robbery. In case of special circumstances, the courts will decide who is eligible for a legal advocate. When an investigation is initiated into a case involving violence, threats and sexual offences, victims are usually assigned a police contact person. In other cases, victims may be assigned a contact person if it is assessed that the victim is in need of guidance and information. The contact person can provide victims with guidance and information about their legal position and the progress of the case in the criminal justice process. In addition, the contact person informs the victim about their role in court.


Hate crime capacity building

The topic of hate crime is included in the mandatory training programme for all police recruits at the Police Academy.
In addition to the basic training, the Police Academy offers a supplementary hate crime course for police officers, with a focus on supporting victims. A key principle behind the course is to involve civil society organizations in the training, as civil society actors can both identify and raise issues while assisting police to better understand hate crime as a phenomenon and the needs of hate crime victims. The collaborating partners in the training course are the Danish Prosecution Service, ActionAid Denmark, the Muslim Council, the Jewish community in Denmark, and LGBT+ Denmark.
The Danish National Police organizes annual workshops for police districts on recording hate crimes.