Litigation can be categorized in civil and criminal cases
The Danish legal system is based on the so-called two-instance principle, which means that the parties have the opportunity to appeal the court's decision to a higher courtThe higher court can either reach the same result (affirm) or amend the judgment. Most cases begin in courts of first instance with a possibility of appeal to the courts.
If a case is begun in the district court, may, in special cases brought to the third and highest instance, the Supreme court.
All litigation begins as a starting point in one of the courts of first instance.
In special cases, the district court can refer a civil case to the high court, if the matter is one of principle. Criminal cases are cases which have been investigated by the police, and where the court must decide whether a person is guilty and must be punished for an offence. Civil cases are cases in which a party wants the court's help to enforce a claim on another party or authority, for example, a municipality. Cases by courts of first instance are normally heard by one judge, but the individual cases are heard by three judges. In criminal cases in which the prosecutor demands a custodial sentence, also helps to magistrates.
Bailiff - and skifteretterne are departments within the district courts.
The bailiff's court is the agency that helps to enforce the requirements. It can be, for example, requirements about payment after a judgment or a promissory note. It is also the bailiff's court, which conducts foreclosures of real estate.
High courts are the appellate courts for district courts
The probate court treats the estate of a deceased person where the deceased's assets pass to heirs or creditors. The probate court also deals with the so-called insolvensskiftesager, for example, estates in bankruptcy and applications for debt restructuring. In most cases, can byrettens judgment may be appealed to one of the two landsretter: Vestre Landsret in Viborg which processes cases from Jutland, or Eastern high Court in Copenhagen which processes cases from the rest of the country. In the courts cases are heard are usually of three judges. In criminal cases there can also help magistrates. The top instance in the Danish judicial system is the Supreme court. It is located in Copenhagen and is a court of appeal, examining the judgments of the high courts and the leading cases from the Maritime and Commercial court. If a case begins at the high court or the Maritime and Commercial court, a party may appeal to the Supreme court. However, if a case is started by the district court and then dealt with by the court of appeal, should one seek He for permission to refer the case for a third instance, i.e.
the Supreme court
In the Supreme court cases are heard usually by five judges. As the country's top court to the Supreme court through its decisions primarily determine the law and the guidelines for how judges in the district courts and the courts must treat similar cases in the future. The supreme court has responsibility for the retsudviklingen by creating clarity about how the law should be interpreted by the country's courts. Therefore, treats the Supreme court of the most basic cases. The supreme court never takes a position on the question of guilt in criminal proceedings, but only to the sentence. The maritime and Commercial court in Copenhagen is a specialised court that deals only with selected types of cases. It is divided into two departments: retsafdeling a and skifteafdelingen. The legal section takes care for example of international business cases, competition cases and cases about patents, design and trademarks. Skifteafdelingen processes all of the greater copenhagen cases on bankruptcy, debt restructuring, reconstruction and judicial winding-up of joint stock companies. The maritime and commercial court judgments can be appealed to the high court or Supreme court, depending on the principal character. Tinglysningsretten is located in Hobro, but in practice all registration advantage of digital since. By its registration to be registered rights to real estate and other values. It may be rights to a dwelling or a mortgage, for example, in a car or in a company's values.
About of all tinglysningssager be processed automatically in under five seconds, while the rest, typically more complex cases, manually processed in the Tinglysningsretten.
Depending on the types of cases treat either one of the four kredsretter or the Court of Greenland cases in. instance, while the national Court hears cases of.
The decisions of the national Court can with Procesbevillingsnævnets permission be brought before the Supreme court. The court on the Faroe islands located in Tórshavn.
The district consists of all of the faroe islands
The court of the Faroe islands hears the same type of cases as the district courts in Denmark. Decisions taken by the Court on the Faroe islands may be appealed to The high Court. He deals with applications for permission to appeal to the Supreme court, a so-called third-instance-appropriation. The board also deals with applications for permission to appeal the cases that usually can be treated only in the one instance, and appeals against refusal of legal aid.
The Special Right of appeal in processing requests to resume the criminal proceedings.
The right to appeal also addresses the afskedigelsessager and disciplinary procedures of judges and other attorneys employed by the courts.
The court also hears cases where a defender has been excluded from the criminal proceedings.
Judges must seek Bibeskæftigelsesnævnet for permission if they want to take on a second job with regular income, for example, as chairman of the council or committee. The board detects how much the judges servant, and penalties facing judges who do not comply with the rules of the sideline. The board publishes each year a listing, then the information is available to the public. The supreme court performs secretarial for Bibeskæftigelsesnævnet. Dommerudnævnelsesrådet is an independent council, which handles applications for vacant dommerstillinger. The only exception is the president of the Supreme court, which is appointed by the court's own judges. The council make a recommendation to the minister of justice and can only set one applicant for each dommerstilling. The commission handles the secretariat for Dommerudnævnelsesrådet. The commission is an independent institution with responsibility to manage and develop the Danish Courts. The board of directors consists of representatives of court staff, users, universities and the employment council. The board of directors has hired a director for the daily management and has among other things responsibility for the judicial budget and distribution of resources between the courts. Formally and bevillingsmæssigt hear the commission under the ministry of Justice, but the minister may not amend the agency's decisions.