Tasks and organization

The tasks and organization of the Military Prosecution Service, also referred to as the Judge Advocate General’s Corps, are set out in the Military Administration of Justice Act and the (Civil) Administration of Justice Act.
 
The Military Prosecution Service is structured as a hierarchy of two levels headed by the Military Prosecutor General (the Judge Advocate General). The second level comprises the Senior Prosecutors (Judge Advocates) in Copenhagen and in Jutland. The Military Prosecution Service is subordinate to the Minister of Defence.

The key task of the Prosecution Service is to ensure enforcement of the law in pursuance of the rules of the Administration of Justice Act. The Military Prosecution Service is inter alia responsible for investigating and prosecuting violations of the Military Penal Code and other (civilian) criminal offences committed by military personnel. The Service, moreover, initiates an investigation of serious incidents involving Danish military personnel, inter alia if a Danish military serviceman has been seriously injured or killed in connection with military service as well as serious incidents involving third persons.

The Military Prosecution Service has tasks outside the criminal field as well. The Service is a key player in the Danish military legal advisor scheme. The Prosecutor General’s Office is responsible for the legal training and advising Danish military legal advisors in obligations under International Humanitarian Law. The scheme was created in 1996 to fulfil the obligations to facilitate legal advice to military commanders, in particular in the field of Humanitarian Law, prescribed in Article 82 of the Additional Protocol 1 to the Geneva Conventions of 1949 relative to the protection of victims of armed conflict.

Further on the Service is attending the task as interrogation officer in disciplinary proceedings against civil servants within the field of responsibility of the Ministry of Defence. Finally, the Prosecutor General’s Office supervises the applications of volunteers applying to join the Home Guard and provides guidance to the relevant authorities if an applicant has been convicted of a criminal offence or if serving volunteer personnel commit such an offence.

Military Criminal Procedure
 
The present Military Penal Code and Military Administration of Justice Act entered into force on 1 January 2006. This legislation separated the competences of the Military Prosecution Service and the military commanders. Criminal cases are dealt with by the Prosecution Service while disciplinary cases and sanctions imposed in accordance with the Military Disciplinary Code are dealt with by military commanders only. Such sanctions are considered as administrative procedures and the Public Administration Act apply unless otherwise provided. The Military Disciplinary Code entered into force on 1 January 2006 as well.

The Danish military criminal procedure is – with a few exceptions - based on the same provisions as the civil criminal procedure, and military criminal cases are conducted before the ordinary courts.