But section 113 of the Penal Code, which stands right next to the provision on terror and which has a penalty of up to 16 years, has now been dropped by the prosecution in the case against the three men.
The public prosecutor initially believed after a conversation with the police that the police could bring charges under the section. But after further investigation, it is now acknowledged that one became wiser. This is explained by public prosecutor Lise-Lotte Nilas.
– In the investigation phase, you become wiser because, among other things, you get the explanations of those concerned. And it ends up that we have found that there is no evidentiary basis for bringing charges.
– We have had to assess whether a threat has been made to get the Prime Minister to make a specific decision. We do not believe that, and this is an overall assessment, says Lise-Lotte Nilas.
It is normal for the Public Prosecutor to talk to the police in cases where the police believe that terrorism or other crimes against the state can be charged, Lise-Lotte Nilas explains.
– At that time, we thought it was a provision that could possibly be applied. It happened at a time when the persons had not been thoroughly questioned. And one must keep in mind that a charge is also a legal guarantee, she says.
Lise-Lotte Nilas also states that no charges have been brought in the case under the special section on offenses committed in connection with the pandemic, which can double the punishment.
The prosecution has dropped both charges under sections 113 and 115, but instead charges have been filed for violation of 119 of the Penal Code.
It is, for example, about threats or violence against public employees.
In addition, the prosecution believes that it is an aggravating circumstance that the alleged threat was due to the Prime Minister’s statements in the public debate.
In the case, the three men managed to be remanded in custody for just over eight weeks. It created quite a bit of debate that the police chose to use the very rarely used provision.
A judge in connection with the custody detention also denied that there was a reasonable suspicion that the burning of the doll was such a serious crime.
The episode with the puppet, which was to represent the Prime Minister, comes from a demonstration organized by the group Men in Black on Saturday 23 January.
The doll hung on Frederiksberg and was accompanied by a sign that read, “she must and must be killed”.
When the criminal case against the men will take place is decided by the Court in Frederiksberg.
Source: The Nordic Page