Thailand Drug Offences (Jurisdiction) Case

• Court: Eastern Provincial Court (Denmark)
• Date: 09 October 1981

Denmark, City Court of Copenhagen.

Eastern Provincial Court.

Thailand Drug Offences (Jurisdiction) Case

Jurisdiction Personal Crimes committed by nationals abroad Whether municipal courts have jurisdiction Single Convention on Narcotic Drugs, 1961 The law of Denmark

Summary: The facts:The accused, a Danish national, was charged with various offences relating to the purchase and export of drugs. He argued that the Danish courts had no jurisdiction over the alleged offences, which involved the purchase of drugs in Thailand with intent to export them to Canada and the United States. He claimed that the relevant Danish legislation was limited in its application to acts either performed on Danish territory or directed against Danish legislation.

Held (by the City Court of Copenhagen):The accused was convicted and sentenced to six years' imprisonment.

Sections 1 and 7(2) of the Code of Criminal Law, combined with the fact that Denmark, Thailand, the United States and Canada had all acceded to the Single Convention on Narcotic Drugs, 1961, provided the Danish courts with jurisdiction over the offences in question.

Held (by the Eastern Provincial Court):The conviction was confirmed.

Section 7(1) and (2) of the Code of Criminal Law provided a basis for Danish criminal jurisdiction, and Sections 1(2) and 2(4) of the Law on Narcotic Drugs were not limited in their territorial scope.

The text of the judgment of the City Court of Copenhagen commences at p. 589. The text of the judgment of the Eastern Provincial Court commences at p. 591. The following is text of the statement of facts which precedes the texts of the judgments of the Courts:

From the appeal (12/1981Public Prosecutor v. T) it appears that the 37 year old Danish national T was charged with the violation of Section 191 of the Code of Criminal Law (cf. Law on Narcotic Drugs; Decree-Law No 391 of 21 July 1969, Section 3(1) and Section 1(2); Notice from the Ministry of the Interior No 209 of 5 April 1976 on Narcotic Drugs, Section 26(1) and Section 2; Supplementary List A, No 1; Section 21 of the Code of Criminal Law).

T was charged with the commission of the following acts:

I. In the autumn of 1977 he participated in an attempt to purchase a large quantity of marijuana, approx. 1,600 kg, with intent to export it from Thailand and to import it into the USA and Canada. During the period between July 1977 and November 1977 he established, in agreement and in conjunction with co-participants, a contact between a...