Human trafficking is a serious crime and a violation of human rights. To ensure that trafficking cases are properly investigated and traffickers prosecuted, the authorities must follow specific requirements and recommendations for handling such cases. There are also special requirements for handling criminal cases involving victims of human trafficking.
Reporting of the crime
The authorities and NGOs can support victims of human trafficking in reporting criminal offences, including reporting traffickers.
The Danish Centre against Human Trafficking assists individuals who wish to report human trafficking to the police under Section 262a of the Danish Criminal Code. The centre can also help report other offences such as exploitation, procuring, rape and violence. As a general rule, the centre reports all trafficking cases where the victim consents. The person may choose to remain anonymous. The centre may also report trafficking cases without the victim’s consent, particularly when the circumstances are severe or when children are involved. The purpose is to ensure that trafficking cases are investigated and traffickers prosecuted.
Victim-centred approach
Victims of human trafficking must be treated with care and sensitivity when interacting with the police and other authorities. Humane treatment is also a key principle in the guidelines issued by the Director of Public Prosecutions that instruct the police and prosecutors on handling trafficking cases.
Victims are often in a vulnerable situation and may require support and guidance. They should also be accommodated in crisis centres, shelters or similar facilities rather than in pre‑trial detention, even if they have worked illegally or stayed illegally in Denmark.
The role of the Police
All police districts in Denmark are responsible for enforcing the Criminal Code’s provisions on human trafficking. The National Unit for Special Crime handles cases involving organised trafficking and human smuggling when the offences span multiple districts, involve significant scale or are otherwise of a particularly serious nature. The national coordinating unit within the South Jutland Police monitors the national anti‑trafficking efforts within the police.
Legal counsel for victims
During an investigation of a trafficker, a victim of human trafficking may request that the court appoint a legal counsel (bistandsadvokat), cf. Section 741a(1) of the Administration of Justice Act. Both the police and the prosecution service inform the victim about their rights and the progress of the criminal case.
Withdrawal of charges and sentence reduction
Victims of human trafficking may themselves be charged with a criminal offence. In such cases, a defence attorney is appointed to ensure that the court considers the trafficking aspect in the criminal proceedings.
Charges may be withdrawn for victims of human trafficking who have been forced to commit offences as part of their exploitation, cf. Section 722(1)–(2) of the Administration of Justice Act, unless the offence is considered serious.
Examples of offences that may lead to a withdrawal of charges include:
- document forgery or misuse, e.g. using false passports or identity papers
- violations of immigration rules on illegal stay or work
- begging
- shoplifting, pickpocketing, burglary and minor drug dealing
If the person has committed more serious offences and the prosecution brings charges, the court may consider whether the offence was committed under coercion when determining the sentence.
Exceptions to deportation for victims of human trafficking
A conviction may normally result in expulsion if the offender is a foreign national. However, expulsion must not take place if:
- the person has been a victim of human trafficking,
- the circumstances justifying expulsion are linked to the trafficking situation and
- public order considerations do not require expulsion.
Compensation
Victims of crime in Denmark may receive compensation from the state under the Act on Compensation to Victims of Crime. Applications are submitted to the Compensation Board, and the victim’s lawyer may assist with the application.
A victim may also request that the prosecution to pursue a compensation claim during an ongoing criminal case. In some situations, it may be inappropriate to handle compensation within the criminal proceedings, and the court may instead refer the victim to pursue a civil lawsuit.
Special considerations regarding children
If children are involved in a criminal case, their testimony may be video‑recorded instead of requiring them to appear in court, cf. Section 745e of the Administration of Justice Act.
Interviews with children in trafficking cases may take place in a ‘Barnahus’ (børnehus), which provides a coordinated, multidisciplinary response involving the relevant authorities and is centred on the child’s needs.
Each police district has specially trained officers qualified to conduct video interviews with children.