The number of prosecutions cannot be identified as possible penalty enhancements (section 81, para. 6 of the Criminal Code) are only registered after a conviction.
The number of sentenced cases represent the number of convictions for which the sentence was increased in line with section 81, para. (6) of the Criminal Code (an aggravating circumstance provision). The convictions are not necessarily final as they may have since been appealed.
Police records exclude two cases of discrimination and 41 cases of insults against persons acting by virtue of a public function, which fall outside the OSCE's definition of hate crime. Police records can have multiple motives; thus, some hate crimes are registered under more than one bias motivation.
In 2022, the Danish Criminal Code was amended and now includes gender identity, sex characteristics and gender expression as protected characteristics. The amended Criminal Code also allows for the aggravating provision to be applied to offences involving mixed motives.
In January 2022, Denmark adopted a national Action Plan against anti-Semitism. The action plan applies the IHRA working definition of antisemitism. The plan was drawn up in consultation with Jewish communities, and covers the following areas: combating anti-Semitic hate speech, hate crime and discrimination; anti-Semitism online; the security and protection of Jewish communities; fostering Jewish life and maintaining Jewish heritage; education; research; and Holocaust remembrance.
Also in 2022, the Danish government launched a LGBT+ Action Plan for 2022-2025. The action plan covers a range of areas, but specifically addresses violence, sexual violence and hate against LGBT+ persons.
In 2022, the Danish National Police established a new digital police unit (the "Online Police Patrol") to strengthen its online presence. The digital unit patrols social media through by maintaining a visible police presence in open groups. In this way, the police are able to combat different forms of internet-related crimes more effectively, including those with a bias motivation. Additionally, it is possible for citizens to submit a crime report to the online patrol via email or Meta's Messenger app.
The Danish National Police published an information leaflet ("Advice and Guidance to persons who work with victims of hate crimes"). The leaflet was written in co-operation with the Danish Prosecution Service and with the contribution of the following groups and organizations: the Muslim Council, the Jewish community in Denmark, LGBT+ Denmark and the Disabled People's Organization Denmark. The leaflet is aimed at organizations who advise and help victims of hate crimes. Among other things, the leaflet provides information about the legal process – such as the role of the police and prosecution services – as well as information on the different ways to report a hate crime to the police.
One case of criminalized discrimination and 33 cases of hate speech were excluded as they fall outside the OSCE’s hate crime definition.
This category includes 44 hate crimes motivated by sexual orientation and 12 hate crimes motivated by gender identity.
One case of hate speech and two cases of discrimination based on gender identity were excluded as they fall outside the OSCE's hate crime definition.
Four cases of hate speech were excluded as they fall outside the OSCE’s hate crime definition.
One case of hate speech was excluded as it falls outside the OSCE’s hate crime definition
One case of hate speech was excluded as it falls outside the OSCE’s hate crime definition
ODIHR recognizes Denmark's efforts in facilitating online reporting and improving hate crime victims' access to information about the reporting. However, based on the available information, it observes that Denmark has not reported data on hate crimes recorded by the prosecution to ODIHR. In addition, ODIHR observes that Denmark would benefit from ensuring that hate crimes are addressed in a comprehensive manner, including by introducing a co-ordination mechanism.
ODIHR recalls that in Ministerial Council Decision 9/09, participating States committed to collecting reliable data and statistics in sufficient detail on hate crimes and to reporting such crimes periodically to ODIHR. Furthermore, in Ministerial Council Decisions 9/09 and 13/06, participating States committed to ensuring a comprehensive approach to hate crimes. Co-operation and co-ordination between the authorities and civil society organizations is needed to meet this commitment. ODIHR stands ready to support Denmark in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance in the area of hate crime recording and data collection, as well as through its resources on developing co-operation mechanisms to address hate crimes.
🛈 ODIHR no longer presents descriptions of property attacks in the incident tables below. Data on property attacks are presented in the breakdown charts above. One property attack may target multiple properties or involve multiple types of attack.