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Investigation of criminal cases

An important part of PET’s work is to investigate criminal cases concerning potential violations of Chapters 12 and 13 of the Danish Criminal Code, which, among other things, is about espionage, terrorism and extremism.

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Often, the most effective way of countering a specific threat is to initiate criminal proceedings, especially in relation to terrorism and extremism. 

 

The aim of our investigations is typically to establish sufficient grounds for proactive, early and targeted intervention in order to ensure that the threat never materializes. As part of this effort, sources, surveillance and other technical measures are commonly used.

 

PET has a special Centre for Investigation tasked with providing the best possible basis for bringing criminal charges in cases relating to terrorism, extremism and espionage. Like the rest of the Danish police, any criminal investigation performed by PET is subject to the provisions of the Administration of Justice Act.

 

Investigation and prosecution take place in close collaboration with the police and the Prosecution Service. When PET for instance investigates a terrorism or espionage case, the case is typically transferred to the relevant police district in connection with the initial arrests, by agreement with the Prosecution Service. The police district then finalizes the investigation and hands it over to the Prosecution Service, which brings it to court. Sometimes, PET assists the investigation until the trial begins, while, in other cases, we also assist in trying the case. 

 

Below is a list of prominent cases investigated by PET in recent years.

Significant cases in recent years
On 6 May 2021, the Eastern High Court upheld a sentence of seven years’ imprisonment to a Norwegian-Iranian citizen. The individual received a sentence for attempted murder (Section  237 of the Danish Criminal Code, cf. Section 21, cf. Section 23) and espionage (Section 108(1) of the Danish Criminal Code) and was deported with a permanent ban on re-entry. The individual was sentenced for enabling an Iranian intelligence service to operate within the territory of Denmark, knowing full well that this assistance supported a plan to kill a leading member of ASMLA (Arab Struggle Movement for the Liberation of Ahwaz) residing in Denmark. ASMLA is an opposition movement in Iran.

In February 2020, the Iranian handler of the Norwegian-Iranian citizen was remanded in custody in absentia.

Iranian intelligence services are suspected of orchestrating assassinations and abductions of at least eight opponents of the Iranian regime residing in Europe and Turkey between 2015 and 2020.

In the wake of the case against the Norwegian-Iranian citizen, three leading ASMLA members were arrested and charged with violation of Section 108(1) of the Danish Criminal Code (espionage) for illegally carrying out intelligence activities in Denmark on behalf of a Saudi intelligence service between 2012 and 2020. The three men were charged with collecting information on individuals and businesses in Denmark and abroad and with imparting this information to a Saudi intelligence service. The three men were subsequently also charged with endorsement of terrorism and terrorist financing as well as espionage against military affairs pursuant to Section 108(2) of the Danish Criminal Code.

In April 2021, indictments were issued against the three men, and, in February 2022, they were given unconditional sentences of eight, seven and six years’ imprisonment, respectively, for espionage and promotion of terrorist activities. Further, the two eldest men were sentenced to deportation from Denmark with a permanent ban on re-entry. The case has been appealed to the High Court. The case is related to the above case, as one of the three ASMLA members was the target of the planned assassination.
 
On 11 December 2019, a man was arrested and charged with attempted terrorism at an unknown location in Denmark or abroad. This happened shortly after he had bought two handguns, silencers and ammunition from a man who later turned out to be a police agent. Against this background, the man was sentenced to ten years’ imprisonment in November 2021. The case has been appealed.
In July 2020, a man was taken into remand custody for violation of Section 108 of the Danish Criminal Code. He was suspected of disclosing information on topics such as Danish energy technology to a Russian intelligence service in return for payment, and, on 9 December 2020, he was charged with violation of Section 108(1) of the Danish Criminal Code for helping or enabling the intelligence service of a foreign state to operate within the territory of Denmark during the period from 2015 to 3 July 2020. On 10 May 2021, the District Court found him guilty of violating Section 108(1) of the Danish Criminal Code and sentenced him to three years’ imprisonment and deportation from Denmark. In November 2021, the High Court ruled to uphold the decision of the District Court.
On 30 April 2020, a man born in 1997 was taken into remand custody, charged with violation of Section 114(1) of the Danish Criminal Code for purchasing a handgun and ammunition with the intent to commit acts of terrorism. On 28 September 2021, the District Court sentenced him to ten years’ imprisonment, revocation of his Danish citizenship and deportation from Denmark with a permanent ban on re-entry. The case has been appealed to the High Court. 
On 25 June 2019, a man was arrested and charged with recruiting another man for Islamic State in 2013. Using Facebook, he planned, encouraged and facilitated contact with an Islamic State member, who subsequently helped the recruited man get to Syria. Against this background, the man was sentenced in September 2021 to six years’ imprisonment, revocation of his Danish citizenship and deportation from Denmark with a permanent ban on re-entry. The case has been appealed. The appeal is yet to be decided.
On 10 September 2020, the High Court convicted three individuals of providing drones to Islamic State. One was found guilty of violating Section 114(1)(i) and (ii), cf. Section 23, and Section 114e of the Danish Criminal Code and was sentenced to eight years’ imprisonment and deportation from Denmark with a permanent ban on re-entry. The two others were found guilty of violating Section 114e of the Danish Criminal Code. Of these two, one was sentenced to three years’ imprisonment and the other to four years and six months’ imprisonment. On 10 September 2021, the decisions were upheld by the Supreme Court, although the prison term for one of those convicted was increased from eight to ten years.
On 7 July 2020, a woman was arrested and charged with joining Islamic State. She was also charged with recruitment of a named individual for Islamic State and illegal relocation to a conflict zone. On 25 August 2021, the District Court found her guilty of violating Section 114e, Section 114e, cf. Sections 21 and 23, and Section 114j of the Danish Criminal Code by promoting a terrorist organization, attempting to assist others in the promotion of a terrorist organization and by illegally relocating to a conflict zone. She was sentenced to five years' imprisonment. 
In December 2019, a 29-year-old man was arrested for posting content promoting terrorism on the online platform Telegram. In March 2021, he was sentenced to two years’ imprisonment and deportation from Denmark with a permanent ban on re-entry for attempted terrorist financing, promotion of terrorist activities, incitement to commit a crime and endorsement of terrorism. 
On 19 November 2016, a 20-year-old Syrian man with refugee background was arrested in Germany after being turned away at the border to Denmark carrying a backpack containing bomb-making materials, including 17,400 matches. Later on, the investigation revealed that the man had been instructed by an unidentified individual to meet with a 29-year-old man, also with Syrian refugee background, in Copenhagen. In Copenhagen, they were to jointly prepare an attack against an unspecified target in Denmark. In 2017, a German court sentenced the 20-year-old to six years and six months’ imprisonment for attempted terrorism. The 29-year-old was later arrested, and, on 20 May 2019, the District Court sentenced him to 12 years’ imprisonment and deportation from Denmark with a permanent ban on re-entry. On 21 December 2020, the decision was upheld by the High Court.