Never before has a Danish court taken a position on whether an association must be dissolved by a judgment, because it seeks to accomplish his purpose by violence. But now, it happens. Wednesday initiates the Copenhagen city Court the first case of its kind.
Any ordinary association, however, there is not talk about. For it is neither a badmintonklub or a federation of trade unions, which is in the centre, but the gang Loyal to Familia (LTF).
the Prosecution have been given by the ministry of justice's blessing to take action against the gang. The LTF will be in court represented by lawyers Michael Juul Eriksen and Stefan Møller Jørgensen.
- the main Question is whether the LTF at all meet the criteria to be an association. We will argue that they do not. There are a lot of positions in the legal theory, Michael Juul Eriksen.
According to him, it has hardly been the legislator's thought, to the basic law, article 78). 2 were to be used against a gang. He refers to that provision was introduced in 1953-the constitution - in the aftermath of the Occupation.
- the Constitution is more something that protects the state against, for example, a political party that will make a revolution, said Michael Juul Eriksen.
in addition to these core questions expect Juul Eriksen, the case is rich in disputes.
I could imagine that there will be a part of formal fights. For many of the rules in the code of civil procedure is not biased, that you are not sitting with a physical client, he says.
the Prosecution says not in detail prior to the case. But rigsadvokat Jan Reckendorff said back in June 2018, when he proclaimed that the matter would be raised:
- this is The first time ever, that we exercise such a case, but it is also the first time that we have had such a comprehensive and strong evidence available, he said at the time.
And the dossier is huge, says Juul Eriksen, who has experience from some of the biggest criminal cases that have been implemented in recent years.
- In the material we originally worked with, there is around 13,000 pages. And it is very much on a case. And so is there in the dossier in other cases, which is also included in our case, 62.000 pages, he tells.
Much of the huge amounts of material derived from the investigation of other cases. That can among other things be talking about the so-called tilfældighedsfund - that is, objects, as the police finds at a referral or a search, where else was looking for something completely different.
the Case continues through to august. There is a planned 36 hearings. The judgment will be subject to appeal to The high Court and on to the Supreme court.